Bill Text: NY S06257 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to school district eligibility for an increase in apportionment of school aid and implementation of new standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; relates to contracts for excellence, apportionment of school aid, apportionment of school aid and of current year approved expenditures for debt service, calculation of the gap elimination restoration amount, apportionment for transportation, school district management efficiency awards, maximum class size, transportation to students who remain at school until 5 pm or later; relates to requiring the office of temporary and disability assistance to provide the department of education with certain information; relates to withdrawals from the employee benefit accrued liability reserve fund; relating to funding a program for work force education conducted by the consortium for worker education in New York city, relating to apportionment and reimbursement and extends the expiration of certain provisions; relates to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, to amend chapter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropriation of funds for the support of government, to amend chapter 698 of the laws of 1996 amending the education law relating to transportation contracts, to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, to amend chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, to amend chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, to amend chapter 57 of the laws of 2008 amending the education law relating to the universal pre-kindergarten program, in relation to extending the expiration of certain provisions of such chapters; relates to authorizing annual professional performance reviews transition grants; authorizes the Roosevelt union free school district to finance deficits by the issuance of serial bonds; relates to school bus driver training; relates to the support of public libraries; relates to providing special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; relates to submission of school construction final cost reports; repeals certain provisions of the education law relating to annual professional performance review of classroom teachers and building principals and the teacher evaluation appeal process; and provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tenured teacher disciplinary hearings (Part B); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part C); relates to the standards of monthly need for persons in receipt of public assistance (Part D); relates to authorizing the office of temporary and disability assistance to administer the program of supplemental security income additional state payments and to repeal certain provisions of such law relating thereto (Part E); relates to funding for children and family services, in relation to the effectiveness thereof (Part F); relates to establishing a juvenile justice services close to home initiative and providing for the repeal of such provisions upon expiration thereof (Subpart A); relates to juvenile delinquents and providing for the repeal of such provisions upon expiration thereof (Subpart B) (Part G); relates to the New York state higher education capital matching grant program for independent colleges, in relation to the effectiveness thereof (Part H); relates to provision of services, technical assistance and program activities to state agencies by Cornell university (Part I); relates to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services and providing for the repeal of such provisions upon expiration thereof (Part K); repeals provisions relating to annual reports of the youth center facility program (Part L); relates to the creation of a validated risk assessment instrument (Part M); directs the board of trustees of SUNY and CUNY to conduct a study on student remediation and strategies and programs to promote transition to college readiness (Part N); relates to the SUNY Challenge Grant Program (Part O); relates to non-resident tuition of students of the university centers of the State University of New York (Part P); relates to community college charges for non-residence students (Part Q); relates to the demonstration program authorized within Nassau and Suffolk counties (Part R); authorizes payments of aid and incentives for municipalities (Part S); relates to state aid on certain state leased or state-owned land (Part T); relates to the municipal redevelopment law authorizing tax increment bonds payable from and secured by real property taxes levied by a school district within a project area (Part U); relates to prescription forms and labels, interpretation services and patients with limited English proficiency (Part V); relates to providing for the establishment of a state veteran's cemetery (Part W).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-03-30 - SUBSTITUTED BY A9057D [S06257 Detail]
Download: New_York-2011-S06257-Introduced.html
Bill Title: Relates to school district eligibility for an increase in apportionment of school aid and implementation of new standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; relates to contracts for excellence, apportionment of school aid, apportionment of school aid and of current year approved expenditures for debt service, calculation of the gap elimination restoration amount, apportionment for transportation, school district management efficiency awards, maximum class size, transportation to students who remain at school until 5 pm or later; relates to requiring the office of temporary and disability assistance to provide the department of education with certain information; relates to withdrawals from the employee benefit accrued liability reserve fund; relating to funding a program for work force education conducted by the consortium for worker education in New York city, relating to apportionment and reimbursement and extends the expiration of certain provisions; relates to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, to amend chapter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropriation of funds for the support of government, to amend chapter 698 of the laws of 1996 amending the education law relating to transportation contracts, to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, to amend chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, to amend chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, to amend chapter 57 of the laws of 2008 amending the education law relating to the universal pre-kindergarten program, in relation to extending the expiration of certain provisions of such chapters; relates to authorizing annual professional performance reviews transition grants; authorizes the Roosevelt union free school district to finance deficits by the issuance of serial bonds; relates to school bus driver training; relates to the support of public libraries; relates to providing special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; relates to submission of school construction final cost reports; repeals certain provisions of the education law relating to annual professional performance review of classroom teachers and building principals and the teacher evaluation appeal process; and provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tenured teacher disciplinary hearings (Part B); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part C); relates to the standards of monthly need for persons in receipt of public assistance (Part D); relates to authorizing the office of temporary and disability assistance to administer the program of supplemental security income additional state payments and to repeal certain provisions of such law relating thereto (Part E); relates to funding for children and family services, in relation to the effectiveness thereof (Part F); relates to establishing a juvenile justice services close to home initiative and providing for the repeal of such provisions upon expiration thereof (Subpart A); relates to juvenile delinquents and providing for the repeal of such provisions upon expiration thereof (Subpart B) (Part G); relates to the New York state higher education capital matching grant program for independent colleges, in relation to the effectiveness thereof (Part H); relates to provision of services, technical assistance and program activities to state agencies by Cornell university (Part I); relates to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services and providing for the repeal of such provisions upon expiration thereof (Part K); repeals provisions relating to annual reports of the youth center facility program (Part L); relates to the creation of a validated risk assessment instrument (Part M); directs the board of trustees of SUNY and CUNY to conduct a study on student remediation and strategies and programs to promote transition to college readiness (Part N); relates to the SUNY Challenge Grant Program (Part O); relates to non-resident tuition of students of the university centers of the State University of New York (Part P); relates to community college charges for non-residence students (Part Q); relates to the demonstration program authorized within Nassau and Suffolk counties (Part R); authorizes payments of aid and incentives for municipalities (Part S); relates to state aid on certain state leased or state-owned land (Part T); relates to the municipal redevelopment law authorizing tax increment bonds payable from and secured by real property taxes levied by a school district within a project area (Part U); relates to prescription forms and labels, interpretation services and patients with limited English proficiency (Part V); relates to providing for the establishment of a state veteran's cemetery (Part W).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-03-30 - SUBSTITUTED BY A9057D [S06257 Detail]
Download: New_York-2011-S06257-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6257 A. 9057
S E N A T E - A S S E M B L Y
January 17, 2012
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT in relation to school district eligibility for an increase in
apportionment of school aid and implementation of new standards for
conducting annual professional performance reviews to determine teach-
er and principal effectiveness; to amend the education law, in
relation to contracts for excellence, apportionment of school aid,
apportionment of school aid and of current year approved expenditures
for debt service, calculation of the gap elimination restoration
amount, apportionment for transportation, maximum class size; to amend
chapter 756 of the laws of 1992 relating to funding a program for work
force education conducted by the consortium for worker education in
New York city, in relation to apportionment and reimbursement; and in
relation to extending the expiration of certain provisions; to amend
chapter 169 of the laws of 1994 relating to certain provisions related
to the 1994-95 state operations, aid to localities, capital projects
and debt service budgets, chapter 82 of the laws of 1995, amending the
education law and certain other laws relating to state aid to school
districts and the appropriation of funds for the support of govern-
ment, chapter 698 of the laws of 1996 amending the education law
relating to transportation contracts, chapter 147 of the laws of 2001
amending the education law relating to conditional appointment of
school district, charter school or BOCES employees, chapter 425 of the
laws of 2002 amending the education law relating to the provision of
supplemental educational services, attendance at a safe public school
and the suspension of pupils who bring a firearm to or possess a
firearm at a school, chapter 101 of the laws of 2003 amending the
education law relating to implementation of the No Child Left Behind
Act of 2001, to amend chapter 57 of the laws of 2008 amending the
education law relating to the universal pre-kindergarten program, in
relation to extending the expiration of certain provisions of such
chapters; in relation to school bus driver training; in relation to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12672-01-2
S. 6257 2 A. 9057
the support of public libraries; to provide special apportionment for
salary expenses; to provide special apportionment for public pension
expenses; in relation to suballocation of certain education department
accruals; in relation to purchases by the city school district of
Rochester; relating to submission of school construction final cost
reports; and providing for the repeal of certain provisions upon expi-
ration thereof (Part A); to amend the education law, in relation to
tenured teacher disciplinary hearings (Part B); to amend the social
services law, in relation to increasing the standards of monthly need
for aged, blind and disabled persons living in the community (Part C);
to amend the social services law, in relation to the standards of
monthly need for persons in receipt of public assistance (Part D); to
amend the social services law, in relation to authorizing the office
of temporary and disability assistance to administer the program of
supplemental security income additional state payments; and to repeal
certain provisions of such law relating thereto (Part E); to amend
chapter 83 of the laws of 2002 amending the executive law and other
laws relating to funding for children and family services, in relation
to the effectiveness thereof; and to amend the social services law, in
relation to reauthorizing child welfare financing to continue current
funding structure (Part F); to amend the social services law and the
family court act, in relation to establishing a juvenile justice
services close to home initiative and providing for the repeal of such
provisions upon expiration thereof (Subpart A); and to amend the
social services law and the family court act, in relation to juvenile
delinquents (Subpart B) (Part G); to amend chapter 57 of the laws of
2005 amending the labor law and other laws implementing the state
fiscal plan for the 2005-2006 state fiscal year, relating to the New
York state higher education capital matching grant program for inde-
pendent colleges, in relation to the effectiveness thereof (Part H);
to amend the education law, in relation to provision of services,
technical assistance and program activities to state agencies by
Cornell university (Part I); and to amend the education law, in
relation to special education programs for preschool children with a
disability (Part J)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2012-2013
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through J. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Notwithstanding any inconsistent provision of law, no
14 school district shall be eligible for an apportionment of general
S. 6257 3 A. 9057
1 support for public schools from the funds appropriated for the 2012-13
2 school year and thereafter in excess of the amount apportioned to such
3 district for the same time period during the base year unless such
4 school district has submitted documentation that has been approved by
5 the commissioner of education by January 17, 2013 demonstrating that it
6 has fully implemented new standards and procedures for conducting annual
7 professional performance reviews of classroom teachers and building
8 principals to determine teacher and principal effectiveness; provided
9 however that if any such payments in excess of the amount apportioned to
10 such district for the same time period during the base year were made,
11 and the school district has not submitted documentation that it has
12 fully implemented new standards and procedures as set forth above by
13 January 17, 2013, the total amount of such payments shall be deducted by
14 the commissioner from future payments to the school district; and
15 provided further that, for the 2012-13 school year if such deduction is
16 greater than the sum of the amounts available for such deductions, the
17 remainder of the deduction shall be withheld from payments scheduled to
18 be made to the school district pursuant to section 3609-a of the educa-
19 tion law for the 2013-14 school year.
20 S 2. Paragraph e of subdivision 1 of section 211-d of the education
21 law, as amended by section 1 of part A of chapter 58 of the laws of
22 2011, is amended to read as follows:
23 e. Notwithstanding paragraphs a and b of this subdivision, a school
24 district that submitted a contract for excellence for the two thousand
25 eight--two thousand nine school year shall submit a contract for excel-
26 lence for the two thousand nine--two thousand ten school year in
27 conformity with the requirements of subparagraph (vi) of paragraph a of
28 subdivision two of this section unless all schools in the district are
29 identified as in good standing and provided further that, a school
30 district that submitted a contract for excellence for the two thousand
31 nine--two thousand ten school year, unless all schools in the district
32 are identified as in good standing, shall submit a contract for excel-
33 lence for the two thousand eleven--two thousand twelve school year which
34 shall, notwithstanding the requirements of subparagraph (vi) of para-
35 graph a of subdivision two of this section, provide for the expenditure
36 of an amount which shall be not less than the product of the amount
37 approved by the commissioner in the contract for excellence for the two
38 thousand nine--two thousand ten school year, multiplied by the
39 district's gap elimination adjustment percentage AND PROVIDED FURTHER
40 THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
41 TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, UNLESS ALL SCHOOLS
42 IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A
43 CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIR-
44 TEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF
45 SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
46 PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN
47 THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE
48 FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR. For
49 purposes of this paragraph, the "gap elimination adjustment percentage"
50 shall be calculated as the sum of one minus the quotient of the sum of
51 the school district's net gap elimination adjustment for two thousand
52 ten--two thousand eleven computed pursuant to chapter fifty-three of the
53 laws of two thousand ten, making appropriations for the support of
54 government, plus the school district's gap elimination adjustment for
55 two thousand eleven--two thousand twelve as computed pursuant to [a]
56 chapter FIFTY-THREE of the laws of two thousand eleven, making appropri-
S. 6257 4 A. 9057
1 ations for the support of the local assistance budget, including support
2 for general support for public schools, divided by the total aid for
3 adjustment computed pursuant to [a] chapter FIFTY-THREE of the laws of
4 two thousand eleven, making appropriations for the local assistance
5 budget, including support for general support for public schools.
6 Provided, further, that such amount shall be expended to support and
7 maintain allowable programs and activities approved in the two thousand
8 nine--two thousand ten school year or to support new or expanded allow-
9 able programs and activities in the current year.
10 S 3. Subdivision 1 of section 1104 of the education law, as amended by
11 chapter 53 of the laws of 1990, is amended to read as follows:
12 1. The commissioner [of education] in the annual apportionment of
13 public moneys shall apportion therefrom to each county maintaining
14 approved vocational education and extension work, a quota amounting to
15 one-half of the salary paid each teacher, director, assistant, and
16 supervisor, WHERE SUCH SALARY IS ATTRIBUTABLE TO A COURSE OF STUDY FIRST
17 SUBMITTED TO THE COMMISSIONER FOR APPROVAL PURSUANT TO SECTION ELEVEN
18 HUNDRED THREE OF THIS PART ON OR BEFORE JULY FIRST, TWO THOUSAND TEN,
19 but not to exceed THE AMOUNT COMPUTED BY THE COMMISSIONER BASED UPON AN
20 ASSUMED ANNUALIZED SALARY EQUAL TO ten thousand five hundred dollars PER
21 SCHOOL YEAR on account of the employment of such teacher, director,
22 assistant or supervisor.
23 S 4. Section 1104 of the education law is amended by adding a new
24 subdivision 3 to read as follows:
25 3. FOR THE APPORTIONMENT PAYABLE PURSUANT TO THIS SECTION FOR SCHOOL
26 YEARS COMMENCING PRIOR TO JULY FIRST, TWO THOUSAND NINE, THE COMMISSION-
27 ER SHALL CERTIFY NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION
28 BOARD BASED ON A CLAIM SUBMITTED LATER THAN THREE YEARS AFTER THE CLOSE
29 OF THE SCHOOL YEAR IN WHICH SUCH PAYMENT WAS FIRST TO BE MADE. FOR
30 CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
31 NINE--TWO THOUSAND TEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER
32 SHALL CERTIFY NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION BOARD
33 BASED ON A CLAIM SUBMITTED LATER THAN ONE YEAR AFTER THE CLOSE OF SUCH
34 SCHOOL YEAR. PROVIDED, HOWEVER, NO PAYMENTS SHALL BE BARRED OR REDUCED
35 WHERE SUCH PAYMENT IS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE
36 STATE.
37 S 5. Paragraphs dd and ee of subdivision 1 of section 3602 of the
38 education law, as added by section 25 of part A of chapter 58 of the
39 laws of 2011, are amended to read as follows:
40 dd. "Allowable growth amount" shall mean the product of the positive
41 difference of the personal income growth index minus one, multiplied by
42 the statewide total of the SUM OF (1) THE apportionments, including the
43 gap elimination adjustment, due and owing during the base year, commenc-
44 ing with the base year computed for the two thousand twelve--two thou-
45 sand thirteen school year, to school districts and boards of cooperative
46 educational services from the general support for public schools as
47 computed based on an electronic data file used to produce the school aid
48 computer listing produced by the commissioner in support of the enacted
49 budget for the base year PLUS (2) THE COMPETITIVE AWARDS AMOUNT FOR THE
50 BASE YEAR.
51 ee. "Competitive awards amount" shall mean, for two thousand twelve--
52 two thousand thirteen state fiscal year, fifty million dollars, and for
53 two thousand thirteen--two thousand fourteen and thereafter, [the prod-
54 uct of the personal income growth index multiplied by the base year
55 competitive awards amount] ONE HUNDRED MILLION DOLLARS.
S. 6257 5 A. 9057
1 S 6. Paragraph c of subdivision 17 of section 3602 of the education
2 law, as added by section 37 of part A of chapter 58 of the laws of 2011,
3 is amended and a new paragraph d is added to read as follows:
4 c. The gap elimination adjustment for the two thousand twelve--two
5 thousand thirteen school year and thereafter shall be equal to the gap
6 elimination adjustment for the base year, plus, in any year in which the
7 preliminary growth amount exceeds the allowable growth amount, the prod-
8 uct of the gap elimination adjustment percentage for such district and
9 the positive difference, if any, between the preliminary growth amount
10 less the allowable growth amount, as computed pursuant to subdivision
11 one of this section, and less the [product of the gap elimination
12 adjustment percentage for such district and the] gap elimination adjust-
13 ment restoration amount, if any, allocated pursuant to [subdivision
14 eighteen of] this section.
15 D. (I) THE GAP ELIMINATION RESTORATION AMOUNT FOR THE TWO THOUSAND
16 TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR FOR A SCHOOL DISTRICT SHALL
17 EQUAL THE GREATER OF:
18 (A) THE PRODUCT OF (1) THE PRODUCT OF THE EXTRAORDINARY NEEDS INDEX
19 MULTIPLIED BY TWO HUNDRED FOURTEEN DOLLARS AND FIFTY CENTS, COMPUTED TO
20 TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED BY (2) THE STATE SHARING
21 RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS
22 SECTION MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE
23 BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
24 SUBDIVISION ONE OF THIS SECTION, WHERE THE EXTRAORDINARY NEEDS INDEX
25 SHALL BE THE QUOTIENT OF THE EXTRAORDINARY NEEDS PERCENT FOR THE
26 DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS
27 SECTION DIVIDED BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT; OR
28 (B) FOR ANY DISTRICT WITH A GEA/TGFE RATIO GREATER THAN ONE, WHERE THE
29 GEA/TGFE RATIO SHALL BE THE QUOTIENT OF (1) THE GAP ELIMINATION ADJUST-
30 MENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR FOR
31 THE DISTRICT DIVIDED BY THE TOTAL GENERAL FUND EXPENDITURES OF SUCH
32 DISTRICT IN THE BASE YEAR, DIVIDED BY (2) THE STATEWIDE TOTAL GAP ELIMI-
33 NATION ADJUSTMENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
34 SCHOOL YEAR DIVIDED BY TOTAL GENERAL FUND EXPENDITURES IN THE BASE YEAR,
35 THE PRODUCT OF (A) THE PRODUCT OF THE GEA/TGFE RATIO MULTIPLIED BY NINE-
36 TY DOLLARS, COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED
37 BY (B) THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF
38 SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY (C) THE PUBLIC SCHOOL
39 DISTRICT ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARA-
40 GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; OR
41 (C) ONE PERCENT OF THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND
42 ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR,
43 BUT SHALL BE NO GREATER THAN THE PRODUCT OF TWENTY-FIVE PERCENT AND
44 THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND
45 TWELVE SCHOOL YEAR FOR THE DISTRICT.
46 (II) THE GAP ELIMINATION RESTORATION AMOUNT FOR THE TWO THOUSAND THIR-
47 TEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THEREAFTER SHALL EQUAL THE
48 PRODUCT OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT AND THE GAP
49 ELIMINATION ADJUSTMENT RESTORATION ALLOCATION ESTABLISHED PURSUANT TO
50 SUBDIVISION EIGHTEEN OF THIS SECTION.
51 S 7. Paragraph c of subdivision 7 of section 3602 of the education
52 law, as amended by section 1 of part A-4 of chapter 58 of the laws of
53 2006, is amended to read as follows:
54 c. For the purposes of computing this apportionment for the two thou-
55 sand five--two thousand six school year and thereafter, approved trans-
56 portation capital, debt service, and lease expense shall be the amount
S. 6257 6 A. 9057
1 computed based upon an assumed amortization determined pursuant to para-
2 graph e of this subdivision for an expenditure incurred by a school
3 district and approved by the commissioner for those items of transporta-
4 tion capital, debt service and lease expense allowable under subdivision
5 two of section thirty-six hundred twenty-three-a of this article for:
6 (i) the regular aidable transportation of pupils, as such terms are
7 defined in sections thirty-six hundred twenty-one and thirty-six hundred
8 twenty-two-a of this article, (ii) the transportation of children with
9 disabilities pursuant to article eighty-nine of this chapter, and (iii)
10 the transportation of homeless children pursuant to paragraph c of
11 subdivision four of section thirty-two hundred nine of this chapter,
12 provided that the total approved cost of such transportation shall not
13 exceed the amount of the total cost of the most cost-effective mode of
14 transportation. Approvable expenses for the purchase of school buses ON
15 OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWELVE shall be limited to the
16 actual purchase price, or the expense as if the bus were purchased under
17 state contract, whichever is less. If the commissioner determines that
18 no comparable bus was available under state contract at the time of
19 purchase, the approvable expenses shall be the actual purchase price or
20 the state wide median price of such bus in the most recent base year in
21 which such median price was established with an allowable year to year
22 CPI increase as defined in subdivision fourteen of section three hundred
23 five of this chapter; whichever is less. Such median shall be computed
24 by the commissioner for the purposes of this subdivision. APPROVABLE
25 EXPENSES FOR THE PURCHASE OF VEHICLES FOR TRANSPORTING STUDENTS AND FOR
26 EQUIPMENT DEEMED A PROPER SCHOOL DISTRICT EXPENSE PURSUANT TO PARAGRAPH
27 C OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF
28 THIS ARTICLE, AFTER JUNE THIRTIETH, TWO THOUSAND TWELVE, SHALL BE LIMIT-
29 ED TO THE ACTUAL PURCHASE PRICE OF ANY VEHICLE FOR TRANSPORTING STUDENTS
30 AND/OR EQUIPMENT PURCHASED UNDER SUCH CENTRALIZED STATE CONTRACT,
31 PROVIDED, HOWEVER THAT IF THE COMMISSIONER DETERMINES THAT THE DISTRICT
32 IS UNABLE TO PROVIDE APPROPRIATE TRANSPORTATION WITH THE VEHICLE FOR
33 TRANSPORTING STUDENTS AND/OR EQUIPMENT AVAILABLE UNDER SUCH CENTRALIZED
34 STATE CONTRACT, THE APPROVABLE EXPENSES SHALL BE THE ACTUAL PURCHASE
35 PRICE OR THE STATEWIDE MEDIAN PRICE OF SUCH VEHICLE FOR TRANSPORTING
36 STUDENTS IN THE MOST RECENT BASE YEAR IN WHICH SUCH MEDIAN PRICE WAS
37 ESTABLISHED WITH AN ALLOWABLE YEAR TO YEAR CPI INCREASE AS DEFINED IN
38 SUBDIVISION FOURTEEN OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER;
39 WHICHEVER IS LESS.
40 S 8. Paragraphs a and b of subdivision 5 of section 3604 of the educa-
41 tion law, paragraph a as amended by chapter 161 of the laws of 2005 and
42 paragraph b as amended by section 59 of part A of chapter 436 of the
43 laws of 1997, are amended to read as follows:
44 a. State aid adjustments. All errors or omissions in the apportionment
45 shall be corrected by the commissioner. Whenever a school district has
46 been apportioned less money than that to which it is entitled, the
47 commissioner may allot to such district the balance to which it is enti-
48 tled. Whenever a school district has been apportioned more money than
49 that to which it is entitled, the commissioner may, by an order, direct
50 such moneys to be paid back to the state to be credited to the general
51 fund local assistance account for state aid to the schools, or may
52 deduct such amount from the next apportionment to be made to said
53 district, provided, however, that, upon notification of excess payments
54 of aid for which a recovery must be made by the state through deduction
55 of future aid payments, a school district may request that such excess
56 payments be recovered by deducting such excess payments from the
S. 6257 7 A. 9057
1 payments due to such school district and payable in the month of June in
2 (i) the school year in which such notification was received and (ii) the
3 two succeeding school years, provided further that there shall be no
4 interest penalty assessed against such district or collected by the
5 state. Such request shall be made to the commissioner in such form as
6 the commissioner shall prescribe, and shall be based on documentation
7 that the total amount to be recovered is in excess of one percent of the
8 district's total general fund expenditures for the preceding school
9 year. The amount to be deducted in the first year shall be the greater
10 of (i) the sum of the amount of such excess payments that is recognized
11 as a liability due to other governments by the district for the preced-
12 ing school year and the positive remainder of the district's unreserved
13 fund balance at the close of the preceding school year less the product
14 of the district's total general fund expenditures for the preceding
15 school year multiplied by five percent, or (ii) one-third of such excess
16 payments. The amount to be recovered in the second year shall equal the
17 lesser of the remaining amount of such excess payments to be recovered
18 or one-third of such excess payments, and the remaining amount of such
19 excess payments shall be recovered in the third year. Provided further
20 that, notwithstanding any other provisions of this subdivision, any
21 pending payment of moneys due to such district as a prior year adjust-
22 ment payable pursuant to paragraph c of this subdivision for aid claims
23 that had been previously paid as current year aid payments in excess of
24 the amount to which the district is entitled and for which recovery of
25 excess payments is to be made pursuant to this paragraph, shall be
26 reduced at the time of actual payment by any remaining unrecovered
27 balance of such excess payments, and the remaining scheduled deductions
28 of such excess payments pursuant to this paragraph shall be reduced by
29 the commissioner to reflect the amount so recovered. [The commissioner
30 shall certify no payment to a school district based on a claim submitted
31 later than three years after the close of the school year in which such
32 payment was first to be made. For claims for which payment is first to
33 be made in the nineteen hundred ninety-six--ninety-seven school year,
34 the commissioner shall certify no payment to a school district based on
35 a claim submitted later than two years after the close of such school
36 year.] For claims for which payment is first to be made [in the nineteen
37 hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND
38 ELEVEN--TWO THOUSAND TWELVE school year [and thereafter], the commis-
39 sioner shall certify no payment to a school district based on a claim
40 submitted later than one year after the close of such school year.
41 [Provided, however, no payments shall be barred or reduced where such
42 payment is required as a result of a final audit of the state. It is
43 further provided that, until June thirtieth, nineteen hundred ninety-
44 six, the commissioner may grant a waiver from the provisions of this
45 section for any school district if it is in the best educational inter-
46 ests of the district pursuant to guidelines developed by the commission-
47 er and approved by the director of the budget.] FURTHER PROVIDED THAT
48 FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE,
49 SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED
50 FIFTY-THREE, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B,
51 THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E, AND THIRTY-SIX
52 HUNDRED TWELVE OF THIS CHAPTER FOR THE TWO THOUSAND TWELVE--TWO THOUSAND
53 THIRTEEN AND PRIOR SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO
54 PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVI-
55 SIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED
56 TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELEC-
S. 6257 8 A. 9057
1 TRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING
2 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
3 SUBMITTED FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE
4 FISCAL YEAR AND ENTITLED "BT121-3", AND FURTHER PROVIDED THAT FOR ANY
5 APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN
6 HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE,
7 THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED
8 TWO-C, THIRTY-SIX HUNDRED TWO-E, AND THIRTY-SIX HUNDRED TWELVE OF THIS
9 CHAPTER FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR
10 AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL
11 DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
12 THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN
13 EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
14 PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
15 SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL
16 YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
17 b. Claims resulting from court orders or judgments. [Any] FOR CLAIMS
18 FOR WHICH PAYMENT IS FIRST TO BE MADE PRIOR TO THE TWO THOUSAND TWELVE-
19 -TWO THOUSAND THIRTEEN SCHOOL YEAR, ANY payment which would be due as
20 the result of a court order or judgment shall not be barred, provided
21 that, commencing January first, nineteen hundred ninety-six, such court
22 order or judgment and any other data required shall be filed with the
23 comptroller within one year from the date of the court order or judg-
24 ment, and provided further that the commissioner shall certify no
25 payment to a school district for a specific school year that is based on
26 a claim that results from a court order or judgement so filed with the
27 comptroller unless the total value of such claim, as determined by the
28 commissioner, is greater than one percent of the school district's total
29 revenues from state sources as previously recorded in the general fund
30 and reported to the comptroller in the annual financial report of the
31 school district for such school year.
32 S 9. The opening paragraph of section 3609-a of the education law, as
33 amended by section 40 of part A of chapter 58 of the laws of 2011, is
34 amended to read as follows:
35 For aid payable in the two thousand seven--two thousand eight school
36 year [and thereafter] THROUGH THE TWO THOUSAND ELEVEN--TWO THOUSAND
37 TWELVE SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i)
38 the sum of one hundred percent of the respective amount set forth for
39 each school district as payable pursuant to this section in the school
40 aid computer listing for the current year produced by the commissioner
41 in support of the budget which includes the appropriation for the gener-
42 al support for public schools for the prescribed payments and individ-
43 ualized payments due prior to April first for the current year plus the
44 apportionment payable during the current school year pursuant to subdi-
45 vision six-a and subdivision fifteen of section thirty-six hundred two
46 of this part minus any reductions to current year aids pursuant to
47 subdivision seven of section thirty-six hundred four of this part or any
48 deduction from apportionment payable pursuant to this chapter for
49 collection of a school district basic contribution as defined in subdi-
50 vision eight of section forty-four hundred one of this chapter, less any
51 grants provided pursuant to subparagraph two-a of paragraph b of subdi-
52 vision four of section ninety-two-c of the state finance law, less any
53 grants provided pursuant to subdivision twelve of section thirty-six
54 hundred forty-one of this article, or (ii) the apportionment calculated
55 by the commissioner based on data on file at the time the payment is
56 processed; provided however, that for the purposes of any payments made
S. 6257 9 A. 9057
1 pursuant to this section prior to the first business day of June of the
2 current year, moneys apportioned shall not include any aids payable
3 pursuant to subdivisions six and fourteen, if applicable, of section
4 thirty-six hundred two of this part as current year aid for debt service
5 on bond anticipation notes and/or bonds first issued in the current year
6 or any aids payable for full-day kindergarten for the current year
7 pursuant to subdivision nine of section thirty-six hundred two of this
8 part. The definitions of "base year" and "current year" as set forth in
9 subdivision one of section thirty-six hundred two of this part shall
10 apply to this section. For aid payable in the two thousand eleven--two
11 thousand twelve school year, reference to such "school aid computer
12 listing for the current year" shall mean the printouts entitled
13 "SA111-2". FOR AID PAYABLE IN THE TWO THOUSAND TWELVE--TWO THOUSAND
14 THIRTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE
15 LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT
16 SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION
17 IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE
18 COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES
19 THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE
20 PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
21 FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT
22 SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR-
23 TY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR
24 AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
25 THIS PART OR ANY DEDUCTION FROM THE APPORTIONMENT PAYABLE PURSUANT TO
26 THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS
27 DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS
28 CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF
29 PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE
30 FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF
31 SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-
32 TIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE
33 TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES
34 OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSI-
35 NESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT
36 INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF
37 APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT
38 YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST
39 ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
40 FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX
41 HUNDRED TWO OF THIS PART. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT
42 YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO
43 OF THIS PART SHALL APPLY TO THIS SECTION.
44 S 10. Paragraph b of subdivision 2 of section 3612 of the education
45 law, as amended by section 46 of part A of chapter 58 of the laws of
46 2011, is amended to read as follows:
47 b. Such grants shall be awarded to school districts, within the limits
48 of funds appropriated therefor, through a competitive process that takes
49 into consideration the magnitude of any shortage of teachers in the
50 school district, the number of teachers employed in the school district
51 who hold temporary licenses to teach in the public schools of the state,
52 the number of provisionally certified teachers, the fiscal capacity and
53 geographic sparsity of the district, the number of new teachers the
54 school district intends to hire in the coming school year and the number
55 of summer in the city student internships proposed by an eligible school
56 district, if applicable. Grants provided pursuant to this section shall
S. 6257 10 A. 9057
1 be used only for the purposes enumerated in this section. Notwithstand-
2 ing any other provision of law to the contrary, a city school district
3 in a city having a population of one million or more inhabitants receiv-
4 ing a grant pursuant to this section may use no more than eighty percent
5 of such grant funds for any recruitment, retention and certification
6 costs associated with transitional certification of teacher candidates
7 for the school years two thousand one--two thousand two through [two
8 thousand eleven--two thousand twelve] TWO THOUSAND TWELVE--TWO THOUSAND
9 THIRTEEN.
10 S 11. Paragraph c of subdivision 2 of section 3623-a of the education
11 law, as amended by chapter 453 of the laws of 2005, is amended to read
12 as follows:
13 c. The purchase of equipment deemed a proper school district expense,
14 PROVIDED, HOWEVER THAT SUCH PURCHASE SHALL BE SUBJECT TO THE APPROVAL OF
15 THE COMMISSIONER AFTER JUNE THIRTIETH, TWO THOUSAND TWELVE, including:
16 (i) the purchase of two-way radios to be used on old and new school
17 buses, (ii) the purchase of stop-arms, to be used on old and new school
18 buses, (iii) the purchase and installation of seat safety belts on
19 school buses in accordance with the provisions of section thirty-six
20 hundred thirty-five-a of this article, (iv) the purchase of school bus
21 back up beepers, (v) the purchase of school bus front crossing arms,
22 (vi) the purchase of school bus safety sensor devices, (vii) the
23 purchase and installation of exterior reflective marking on school
24 buses, (viii) the purchase of automatic engine fire extinguishing
25 systems for school buses used to transport students who use wheelchairs
26 or other assistive mobility devices, and (ix) the purchase of other
27 equipment as prescribed in the regulations of the commissioner; and
28 S 12. Subdivision 6 of section 4402 of the education law, as amended
29 by section 58 of part A of chapter 58 of the laws of 2011, is amended to
30 read as follows:
31 6. Notwithstanding any other law, rule or regulation to the contrary,
32 the board of education of a city school district with a population of
33 one hundred twenty-five thousand or more inhabitants shall be permitted
34 to establish maximum class sizes for special classes for certain
35 students with disabilities in accordance with the provisions of this
36 subdivision. For the purpose of obtaining relief from any adverse fiscal
37 impact from under-utilization of special education resources due to low
38 student attendance in special education classes at the middle and
39 secondary level as determined by the commissioner, such boards of educa-
40 tion shall, during the school years nineteen hundred ninety-five--nine-
41 ty-six through June thirtieth, two thousand [twelve] THIRTEEN of the
42 [two thousand eleven--two thousand twelve] TWO THOUSAND TWELVE--TWO
43 THOUSAND THIRTEEN school year, be authorized to increase class sizes in
44 special classes containing students with disabilities whose age ranges
45 are equivalent to those of students in middle and secondary schools as
46 defined by the commissioner for purposes of this section by up to but
47 not to exceed one and two tenths times the applicable maximum class size
48 specified in regulations of the commissioner rounded up to the nearest
49 whole number, provided that in a city school district having a popu-
50 lation of one million or more, classes that have a maximum class size of
51 fifteen may be increased by no more than one student and provided that
52 the projected average class size shall not exceed the maximum specified
53 in the applicable regulation, provided that such authorization shall
54 terminate on June thirtieth, two thousand. Such authorization shall be
55 granted upon filing of a notice by such a board of education with the
56 commissioner stating the board's intention to increase such class sizes
S. 6257 11 A. 9057
1 and a certification that the board will conduct a study of attendance
2 problems at the secondary level and will implement a corrective action
3 plan to increase the rate of attendance of students in such classes to
4 at least the rate for students attending regular education classes in
5 secondary schools of the district. Such corrective action plan shall be
6 submitted for approval by the commissioner by a date during the school
7 year in which such board increases class sizes as provided pursuant to
8 this subdivision to be prescribed by the commissioner. Upon at least
9 thirty days notice to the board of education, after conclusion of the
10 school year in which such board increases class sizes as provided pursu-
11 ant to this subdivision, the commissioner shall be authorized to termi-
12 nate such authorization upon a finding that the board has failed to
13 develop or implement an approved corrective action plan.
14 S 13. Subdivision b of section 2 of chapter 756 of the laws of 1992,
15 relating to funding a program for work force education conducted by the
16 consortium for worker education in New York city, as amended by section
17 65 of part A of chapter 58 of the laws of 2011, is amended to read as
18 follows:
19 b. Reimbursement for programs approved in accordance with subdivision
20 a of this section [for the 2008-09 school year shall not exceed 62.8
21 percent of the lesser of such approvable costs per contact hour or ten
22 dollars and sixty-five cents per contact hour, reimbursement] for the
23 2009-10 school year shall not exceed 64.1 percent of the lesser of such
24 approvable costs per contact hour or eleven dollars and fifty cents per
25 contact hour, reimbursement for the 2010--2011 school year shall not
26 exceed 62.6 percent of the lesser of such approvable costs per contact
27 hour or twelve dollars and five cents per contact hour [and], reimburse-
28 ment for the 2011--2012 school year shall not exceed 62.9 percent of the
29 lesser of such approvable costs per contact hour or twelve dollars and
30 fifteen cents per contact hour, AND REIMBURSEMENT FOR THE 2012--2013
31 SCHOOL YEAR SHALL NOT EXCEED 63.2 PERCENT OF THE LESSER OF SUCH APPROVA-
32 BLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND FORTY CENTS PER CONTACT
33 HOUR, where a contact hour represents sixty minutes of instruction
34 services provided to an eligible adult. Notwithstanding any other
35 provision of law to the contrary, [for the 2008-09 school year such
36 contact hours shall not exceed one million nine hundred forty-six thou-
37 sand one hundred seven (1,946,107) hours; whereas] for the 2009-10
38 school year such contact hours shall not exceed one million seven
39 hundred sixty-three thousand nine hundred seven (1,763,907) hours; wher-
40 eas for the 2010--2011 school year such contact hours shall not exceed
41 one million five hundred twenty-five thousand one hundred ninety-eight
42 (1,525,198) hours; whereas for the 2011--2012 school year such contact
43 hours shall not exceed one million seven hundred one thousand five
44 hundred seventy (1,701,570) hours; WHEREAS FOR THE 2012--2013 SCHOOL
45 YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED
46 SIXTY-EIGHT THOUSAND SEVEN HUNDRED TEN (1,468,710) HOURS. Notwithstand-
47 ing any other provision of law to the contrary, the apportionment calcu-
48 lated for the city school district of the city of New York pursuant to
49 subdivision 11 of section 3602 of the education law shall be computed as
50 if such contact hours provided by the consortium for worker education,
51 not to exceed the contact hours set forth herein, were eligible for aid
52 in accordance with the provisions of such subdivision 11 of section 3602
53 of the education law.
54 S 14. Section 4 of chapter 756 of the laws of 1992, relating to fund-
55 ing a program for work force education conducted by the consortium for
S. 6257 12 A. 9057
1 worker education in New York city, is amended by adding a new subdivi-
2 sion q to read as follows:
3 Q. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
4 COMPLETION OF PAYMENTS FOR THE 2012--2013 SCHOOL YEAR. NOTWITHSTANDING
5 ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
6 WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
7 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
8 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
9 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
10 AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
11 ($11,500,000).
12 S 15. Section 6 of chapter 756 of the laws of 1992, relating to fund-
13 ing a program for work force education conducted by the consortium for
14 worker education in New York city, as amended by section 67 of part A of
15 chapter 58 of the laws of 2011, is amended to read as follows:
16 S 6. This act shall take effect July 1, 1992, and shall be deemed
17 repealed on June 30, [2012] 2013.
18 S 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
19 relating to certain provisions related to the 1994-95 state operations,
20 aid to localities, capital projects and debt service budgets, as amended
21 by section 68 of part A of chapter 58 of the laws of 2011, is amended to
22 read as follows:
23 1. Sections one through seventy of this act shall be deemed to have
24 been in full force and effect as of April 1, 1994 provided, however,
25 that sections one, two, twenty-four, twenty-five and twenty-seven
26 through seventy of this act shall expire and be deemed repealed on March
27 31, 2000; provided, however, that section twenty of this act shall apply
28 only to hearings commenced prior to September 1, 1994, and provided
29 further that section twenty-six of this act shall expire and be deemed
30 repealed on March 31, 1997; and provided further that sections four
31 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
32 twenty-one-a of this act shall expire and be deemed repealed on March
33 31, 1997; and provided further that sections three, fifteen, seventeen,
34 twenty, twenty-two and twenty-three of this act shall expire and be
35 deemed repealed on March 31, [2013] 2014.
36 S 17. Subdivision 6-a of section 140 of chapter 82 of the laws of
37 1995, amending the education law and certain other laws relating to
38 state aid to school districts and the appropriation of funds for the
39 support of government, as amended by section 51 of part B of chapter 57
40 of the laws of 2007, is amended to read as follows:
41 (6-a) Section seventy-three of this act shall take effect July 1, 1995
42 and shall be deemed repealed June 30, [2012] 2017;
43 S 18. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
44 of 1995, amending the education law and certain other laws relating to
45 state aid to school districts and the appropriation of funds for the
46 support of government, as amended by section 69 of part A of chapter 58
47 of the laws of 2011, are amended to read as follows:
48 (22) sections one hundred twelve, one hundred thirteen, one hundred
49 fourteen, one hundred fifteen and one hundred sixteen of this act shall
50 take effect on July 1, 1995; provided, however, that section one hundred
51 thirteen of this act shall remain in full force and effect until July 1,
52 [2012] 2013 at which time it shall be deemed repealed;
53 (24) sections one hundred eighteen through one hundred thirty of this
54 act shall be deemed to have been in full force and effect on and after
55 July 1, 1995; provided further, however, that the amendments made pursu-
S. 6257 13 A. 9057
1 ant to section one hundred nineteen of this act shall be deemed to be
2 repealed on and after July 1, [2012] 2013;
3 S 19. Section 4 of chapter 698 of the laws of 1996, amending the
4 education law relating to transportation contracts, as amended by chap-
5 ter 165 of the laws of 2007, is amended to read as follows:
6 S 4. This act shall take effect immediately, and shall expire and be
7 deemed repealed on and after June 30, [2012] 2017.
8 S 20. Section 12 of chapter 147 of the laws of 2001, amending the
9 education law relating to conditional appointment of school district,
10 charter school or BOCES employees, as amended by section 72 of part A of
11 chapter 58 of the laws of 2011, is amended to read as follows:
12 S 12. This act shall take effect on the same date as chapter 180 of
13 the laws of 2000 takes effect, and shall expire July 1, [2012] 2013 when
14 upon such date the provisions of this act shall be deemed repealed.
15 S 21. Section 4 of chapter 425 of the laws of 2002, amending the
16 education law relating to the provision of supplemental educational
17 services, attendance at a safe public school and the suspension of
18 pupils who bring a firearm to or possess a firearm at a school, as
19 amended by section 73 of part A of chapter 58 of the laws of 2011, is
20 amended to read as follows:
21 S 4. This act shall take effect July 1, 2002 and shall expire and be
22 deemed repealed June 30, [2012] 2013.
23 S 22. Section 5 of chapter 101 of the laws of 2003, amending the
24 education law relating to implementation of the No Child Left Behind Act
25 of 2001, as amended by section 74 of part A of chapter 58 of the laws of
26 2011, is amended to read as follows:
27 S 5. This act shall take effect immediately; provided that sections
28 one, two and three of this act shall expire and be deemed repealed on
29 June 30, [2012] 2013.
30 S 23. Subdivision 4 of section 51 of part B of chapter 57 of the laws
31 of 2008, amending the education law relating to the universal pre-kin-
32 dergarten program, as amended by chapter 2 of the laws of 2011, is
33 amended to read as follows:
34 4. section 23 of this act shall take effect July 1, 2008 and shall
35 expire and be deemed repealed June 30, [2012] 2013;
36 S 24. School bus driver training. In addition to apportionments other-
37 wise provided by section 3602 of the education law, for aid payable in
38 the 2012--13 school year, the commissioner of education shall allocate
39 school bus driver training grants to school districts and boards of
40 cooperative education services pursuant to sections 3650-a, 3650-b and
41 3650-c of the education law, or for contracts directly with not-for-pro-
42 fit educational organizations for the purposes of this section. Such
43 payments shall not exceed four hundred thousand dollars ($400,000) per
44 school year.
45 S 25. Support of public libraries. The moneys appropriated for the
46 support of public libraries by the chapter of the laws of 2012 enacting
47 the aid to localities budget shall be apportioned for the 2012--13 state
48 fiscal year in accordance with the provisions of sections 271, 272, 273,
49 282, 284, and 285 of the education law as amended by the provisions of
50 this act, provided that library construction aid pursuant to section
51 273-a of the education law shall not be payable from the appropriations
52 for the support of public libraries and provided further that no
53 library, library system or program, as defined by the commissioner of
54 education, shall receive less total system or program aid than it
55 received for the year 2001--2002 except as a result of a reduction
S. 6257 14 A. 9057
1 adjustment necessary to conform to the appropriations for support of
2 public libraries.
3 Notwithstanding any other provision of law to the contrary the moneys
4 appropriated for the support of public libraries for the year 2012--2013
5 by a chapter of the laws of 2012 enacting the aid to localities budget
6 shall fulfill the state's obligation to provide such aid and, pursuant
7 to a plan developed by the commissioner of education and approved by the
8 director of the budget, the aid payable to libraries and library systems
9 pursuant to such appropriations shall be reduced proportionately to
10 assure that the total amount of aid payable does not exceed the total
11 appropriations for such purpose.
12 S 26. Special apportionment for salary expenses. a. Notwithstanding
13 any other provision of law, upon application to the commissioner of
14 education, not sooner than the first day of the second full business
15 week of June, 2013 and not later than the last day of the third full
16 business week of June, 2013, a school district eligible for an appor-
17 tionment pursuant to section 3602 of the education law shall be eligible
18 to receive an apportionment pursuant to this section, for the school
19 year ending June 30, 2013, for salary expenses incurred between April 1
20 and June 30, 2013 and such apportionment shall not exceed the sum of (i)
21 the deficit reduction assessment of 1990--91 as determined by the
22 commissioner of education, pursuant to paragraph f of subdivision 1 of
23 section 3602 of the education law, as in effect through June 30, 1993,
24 plus (ii) 186 percent of such amount for a city school district in a
25 city with a population in excess of 1,000,000 inhabitants, plus (iii)
26 209 percent of such amount for a city school district in a city with a
27 population of more than 195,000 inhabitants and less than 219,000 inhab-
28 itants according to the latest federal census plus (iv) the net gap
29 elimination adjustment for 2010--2011, as determined by the commissioner
30 of education pursuant to chapter 53 of the laws of 2010, plus (v) the
31 gap elimination adjustment for 2011--12 as determined by the commission-
32 er of education pursuant to subdivision 17 of section 3602 of the educa-
33 tion law, and provided further that such apportionment shall not exceed
34 such salary expenses. Such application shall be made by a school
35 district, after the board of education or trustees have adopted a resol-
36 ution to do so and in the case of a city school district in a city with
37 a population in excess of 125,000 inhabitants, with the approval of the
38 mayor of such city.
39 b. The claim for an apportionment to be paid to a school district
40 pursuant to subdivision a of this section shall be submitted to the
41 commissioner of education on a form prescribed for such purpose, and
42 shall be payable upon determination by such commissioner that the form
43 has been submitted as prescribed. Such approved amounts shall be payable
44 on the same day in September of the school year following the year in
45 which application was made as funds provided pursuant to subparagraph
46 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
47 law, on the audit and warrant of the state comptroller on vouchers
48 certified or approved by the commissioner of education in the manner
49 prescribed by law from moneys in the state lottery fund and from the
50 general fund to the extent that the amount paid to a school district
51 pursuant to this section exceeds the amount, if any, due such school
52 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
53 section 3609-a of the education law in the school year following the
54 year in which application was made.
55 c. Notwithstanding the provisions of section 3609-a of the education
56 law, an amount equal to the amount paid to a school district pursuant to
S. 6257 15 A. 9057
1 subdivisions a and b of this section shall first be deducted from the
2 following payments due the school district during the school year
3 following the year in which application was made pursuant to subpara-
4 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
5 section 3609-a of the education law in the following order: the lottery
6 apportionment payable pursuant to subparagraph (2) of such paragraph
7 followed by the fixed fall payments payable pursuant to subparagraph (4)
8 of such paragraph and then followed by the district's payments to the
9 teachers' retirement system pursuant to subparagraph (1) of such para-
10 graph, and any remainder to be deducted from the individualized payments
11 due the district pursuant to paragraph b of such subdivision shall be
12 deducted on a chronological basis starting with the earliest payment due
13 the district.
14 S 27. Special apportionment for public pension accruals. a. Notwith-
15 standing any other provision of law, upon application to the commission-
16 er of education, not later than June 30, 2013, a school district eligi-
17 ble for an apportionment pursuant to section 3602 of the education law
18 shall be eligible to receive an apportionment pursuant to this section,
19 for the school year ending June 30, 2013 and such apportionment shall
20 not exceed the additional accruals required to be made by school
21 districts in the 2004--05 and 2005--06 school years associated with
22 changes for such public pension liabilities. The amount of such addi-
23 tional accrual shall be certified to the commissioner of education by
24 the president of the board of education or the trustees or, in the case
25 of a city school district in a city with a population in excess of
26 125,000 inhabitants, the mayor of such city. Such application shall be
27 made by a school district, after the board of education or trustees have
28 adopted a resolution to do so and in the case of a city school district
29 in a city with a population in excess of 125,000 inhabitants, with the
30 approval of the mayor of such city.
31 b. The claim for an apportionment to be paid to a school district
32 pursuant to subdivision a of this section shall be submitted to the
33 commissioner of education on a form prescribed for such purpose, and
34 shall be payable upon determination by such commissioner that the form
35 has been submitted as prescribed. Such approved amounts shall be payable
36 on the same day in September of the school year following the year in
37 which application was made as funds provided pursuant to subparagraph
38 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
39 law, on the audit and warrant of the state comptroller on vouchers
40 certified or approved by the commissioner of education in the manner
41 prescribed by law from moneys in the state lottery fund and from the
42 general fund to the extent that the amount paid to a school district
43 pursuant to this section exceeds the amount, if any, due such school
44 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
45 section 3609-a of the education law in the school year following the
46 year in which application was made.
47 c. Notwithstanding the provisions of section 3609-a of the education
48 law, an amount equal to the amount paid to a school district pursuant to
49 subdivisions a and b of this section shall first be deducted from the
50 following payments due the school district during the school year
51 following the year in which application was made pursuant to subpara-
52 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
53 section 3609-a of the education law in the following order: the lottery
54 apportionment payable pursuant to subparagraph (2) of such paragraph
55 followed by the fixed fall payments payable pursuant to subparagraph (4)
56 of such paragraph and then followed by the district's payments to the
S. 6257 16 A. 9057
1 teachers' retirement system pursuant to subparagraph (1) of such para-
2 graph, and any remainder to be deducted from the individualized payments
3 due the district pursuant to paragraph b of such subdivision shall be
4 deducted on a chronological basis starting with the earliest payment due
5 the district.
6 S 28. a. Notwithstanding any other law, rule or regulation to the
7 contrary, any moneys appropriated to the state education department may
8 be suballocated to other state departments or agencies, as needed, to
9 accomplish the intent of the specific appropriations contained therein.
10 b. Notwithstanding any other law, rule or regulation to the contrary,
11 moneys appropriated to the state education department from the general
12 fund/aid to localities, local assistance account-001, shall be for
13 payment of financial assistance, as scheduled, net of disallowances,
14 refunds, reimbursement and credits.
15 c. Notwithstanding any other law, rule or regulation to the contrary,
16 all moneys appropriated to the state education department for aid to
17 localities shall be available for payment of aid heretofore or hereafter
18 to accrue and may be suballocated to other departments and agencies to
19 accomplish the intent of the specific appropriations contained therein.
20 d. Notwithstanding any other law, rule or regulation to the contrary,
21 moneys appropriated to the state education department for general
22 support for public schools may be interchanged with any other item of
23 appropriation for general support for public schools within the general
24 fund local assistance account office of prekindergarten through grade
25 twelve education programs.
26 S 29. Notwithstanding the provision of any law, rule, or regulation to
27 the contrary, the city school district of the city of Rochester, upon
28 the consent of the board of cooperative educational services of the
29 supervisory district serving its geographic region may purchase from
30 such board for the 2012--13 school year, as a non-component school
31 district, services required by article 19 of the education law.
32 S 30. The amounts specified in this section shall be a setaside from
33 the state funds which each such district is receiving from the total
34 foundation aid:
35 a. for the purpose of the development, maintenance or expansion of
36 magnet schools or magnet school programs for the 2012--2013 school year.
37 To the city school district of the city of New York there shall be paid
38 forty-eight million one hundred seventy-five thousand dollars
39 ($48,175,000) including five hundred thousand dollars ($500,000) for the
40 Andrew Jackson High School; to the Buffalo city school district, twen-
41 ty-one million twenty-five thousand dollars ($21,025,000); to the
42 Rochester city school district, fifteen million dollars ($15,000,000);
43 to the Syracuse city school district, thirteen million dollars
44 ($13,000,000); to the Yonkers city school district, forty-nine million
45 five hundred thousand dollars ($49,500,000); to the Newburgh city school
46 district, four million six hundred forty-five thousand dollars
47 ($4,645,000); to the Poughkeepsie city school district, two million four
48 hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon
49 city school district, two million dollars ($2,000,000); to the New
50 Rochelle city school district, one million four hundred ten thousand
51 dollars ($1,410,000); to the Schenectady city school district, one
52 million eight hundred thousand dollars ($1,800,000); to the Port Chester
53 city school district, one million one hundred fifty thousand dollars
54 ($1,150,000); to the White Plains city school district, nine hundred
55 thousand dollars ($900,000); to the Niagara Falls city school district,
56 six hundred thousand dollars ($600,000); to the Albany city school
S. 6257 17 A. 9057
1 district, three million five hundred fifty thousand dollars
2 ($3,550,000); to the Utica city school district, two million dollars
3 ($2,000,000); to the Beacon city school district, five hundred sixty-six
4 thousand dollars ($566,000); to the Middletown city school district,
5 four hundred thousand dollars ($400,000); to the Freeport union free
6 school district, four hundred thousand dollars ($400,000); to the Green-
7 burgh central school district, three hundred thousand dollars
8 ($300,000); to the Amsterdam city school district, eight hundred thou-
9 sand dollars ($800,000); to the Peekskill city school district, two
10 hundred thousand dollars ($200,000); and to the Hudson city school
11 district, four hundred thousand dollars ($400,000).
12 b. notwithstanding the provisions of subdivision a of this section, a
13 school district receiving a grant pursuant to this section may use such
14 grant funds for: (i) any instructional or instructional support costs
15 associated with the operation of a magnet school; or (ii) any instruc-
16 tional or instructional support costs associated with implementation of
17 an alternative approach to reduction of racial isolation and/or enhance-
18 ment of the instructional program and raising of standards in elementary
19 and secondary schools of school districts having substantial concen-
20 trations of minority students. The commissioner of education shall not
21 be authorized to withhold magnet grant funds from a school district that
22 used such funds in accordance with this paragraph, notwithstanding any
23 inconsistency with a request for proposals issued by such commissioner.
24 c. for the purpose of attendance improvement and dropout prevention
25 for the 2012--2013 school year, for any city school district in a city
26 having a population of more than one million, the setaside for attend-
27 ance improvement and dropout prevention shall equal the amount set aside
28 in the year prior to the base year. For the 2012--2013 school year, it
29 is further provided that any city school district in a city having a
30 population of more than one million shall allocate at least one-third of
31 any increase from base year levels in funds set aside pursuant to the
32 requirements of this subdivision to community-based organizations. Any
33 increase required pursuant to this subdivision to community-based organ-
34 izations must be in addition to allocations provided to community-based
35 organizations in the base year.
36 d. for the purpose of teacher support for the 2012--2013 school year:
37 to the city school district of the city of New York, sixty-two million
38 seven hundred seven thousand dollars ($62,707,000); to the Buffalo city
39 school district, one million seven hundred forty-one thousand dollars
40 ($1,741,000); to the Rochester city school district, one million seven-
41 ty-six thousand dollars ($1,076,000); to the Yonkers city school
42 district, one million one hundred forty-seven thousand dollars
43 ($1,147,000); and to the Syracuse city school district, eight hundred
44 nine thousand dollars ($809,000). All funds made available to a school
45 district pursuant to this subdivision shall be distributed among teach-
46 ers including prekindergarten teachers and teachers of adult vocational
47 and academic subjects in accordance with this subdivision and shall be
48 in addition to salaries heretofore or hereafter negotiated or made
49 available; provided, however, that all funds distributed pursuant to
50 this section for the current year shall be deemed to incorporate all
51 funds distributed pursuant to former subdivision 27 of section 3602 of
52 the education law for prior years. In school districts where the teach-
53 ers are represented by certified or recognized employee organizations,
54 all salary increases funded pursuant to this section shall be determined
55 by separate collective negotiations conducted pursuant to the provisions
56 and procedures of article 14 of the civil service law, notwithstanding
S. 6257 18 A. 9057
1 the existence of a negotiated agreement between a school district and a
2 certified or recognized employee organization.
3 S 31. a. Notwithstanding any other provision of law to the contrary,
4 the actions or omissions of any school district which failed to submit a
5 final building project cost report by June 30 of the school year follow-
6 ing June 30 of the school year in which the certificate of substantial
7 completion of the project is issued by the architect or engineer, or six
8 months after issuance of such certificate, whichever is later, are here-
9 by ratified and validated for each school year after the final cost
10 report is filed, provided that such school district submits a final cost
11 report on or before December 31, 2012 and such report is approved by the
12 commissioner of education, provided further that any amount due and
13 payable for school years prior to the 2013-14 school year as a result of
14 this act shall be paid pursuant to the provisions of paragraph c of
15 subdivision 5 of section 3604 of the education law.
16 b. Notwithstanding any other provision of law to the contrary, any
17 pending payment of moneys due to such district as a prior year adjust-
18 ment payable pursuant to paragraph c of subdivision 5 of section 3604 of
19 the education law for aid claims that had been previously paid in excess
20 as current year aid payments and for which recovery of excess payments
21 is to be made pursuant to this act, shall be reduced by any remaining
22 unrecovered balance of such excess payments, and the remaining scheduled
23 deductions of such excess payments pursuant to this act shall be reduced
24 by the commissioner of education to reflect the amount so recovered.
25 c. The education department is hereby directed to consider the
26 approved costs of the aforementioned projects as valid and proper obli-
27 gations of such school districts.
28 S 32. Severability. The provisions of this act shall be severable, and
29 if the application of any clause, sentence, paragraph, subdivision,
30 section or part of this act to any person or circumstance shall be
31 adjudged by any court of competent jurisdiction to be invalid, such
32 judgment shall not necessarily affect, impair or invalidate the applica-
33 tion of any such clause, sentence, paragraph, subdivision, section, part
34 of this act or remainder thereof, as the case may be, to any other
35 person or circumstance, but shall be confined in its operation to the
36 clause, sentence, paragraph, subdivision, section or part thereof
37 directly involved in the controversy in which such judgment shall have
38 been rendered.
39 S 33. This act shall take effect immediately, and shall be deemed to
40 have been in full force and effect on and after April 1, 2012, provided,
41 however, that:
42 1. Section three of this act shall be deemed to have been in full
43 force and effect on and after July 1, 2006;
44 2. Sections six, nine, ten, twelve, thirteen, fourteen, twenty-four
45 and thirty of this act shall take effect July 1, 2012;
46 3. The amendments to subdivision 6 of section 4402 of the education
47 law made by section twelve of this act shall not affect the repeal of
48 such subdivision and shall be deemed repealed therewith;
49 4. The amendments to chapter 756 of the laws of 1992, relating to
50 funding a program for work force education conducted by a consortium for
51 worker education in New York city, made by sections thirteen and four-
52 teen of this act shall not affect the repeal of such chapter and shall
53 be deemed repealed therewith; and
54 5. Section twenty-eight of this act shall expire and be deemed
55 repealed June 30, 2013.
S. 6257 19 A. 9057
1 PART B
2 Section 1. Section 3020-a of the education law, as amended by chapter
3 691 of the laws of 1994, paragraph (b) of subdivision 2 as separately
4 amended by chapters 296 and 325 of the laws of 2008, paragraph (c) of
5 subdivision 2 and paragraph a of subdivision 3 as amended and subpara-
6 graph (i-a) of paragraph c of subdivision 3 as added by chapter 103 of
7 the laws of 2010, is amended to read as follows:
8 S 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.
9 All charges against a person enjoying the benefits of tenure as provided
10 in subdivision three of section [one thousand one] ELEVEN hundred two,
11 and sections [two thousand five] TWENTY-FIVE hundred nine, [two thousand
12 five] TWENTY-FIVE hundred seventy-three, twenty-five hundred ninety-j,
13 three thousand twelve and three thousand fourteen of this chapter shall
14 be in writing and filed with the clerk or secretary of the school
15 district or employing board during the period between the actual opening
16 and closing of the school year for which the employed is normally
17 required to serve. Except as provided in subdivision eight of section
18 [two thousand five] TWENTY-FIVE hundred seventy-three and subdivision
19 seven of section twenty-five hundred ninety-j of this chapter, no charg-
20 es under this section shall be brought more than three years after the
21 occurrence of the alleged incompetency or misconduct, except when the
22 charge is of misconduct constituting a crime when committed.
23 2. [(a)] Disposition of charges. A. Upon receipt of the charges, the
24 clerk or secretary of the school district or employing board shall imme-
25 diately notify said board thereof. Within five days after receipt of
26 charges, the employing board, in executive session, shall determine, by
27 a vote of a majority of all the members of such board, whether probable
28 cause exists to bring a disciplinary proceeding against an employee
29 pursuant to this section. If such determination is affirmative, a writ-
30 ten statement specifying (I) the charges in detail, (II) the maximum
31 penalty which will be imposed by the board if the employee does not
32 request a hearing or that will be sought by the board if the employee is
33 found guilty of the charges after a hearing, (III) THE RESPONSIBILITY OF
34 THE EMPLOYEE OR THE EMPLOYEE'S COLLECTIVE BARGAINING UNIT, AS APPLICA-
35 BLE, TO PAY A SHARE OF HEARING COSTS UNDER THE CIRCUMSTANCES SET FORTH
36 IN PARAGRAPHS B AND C OF SUBDIVISION THREE OF THIS SECTION, and [outlin-
37 ing] (IV) the employee's rights under this section, shall be immediately
38 forwarded to the accused employee by certified or registered mail,
39 return receipt requested or by personal delivery to the employee.
40 [(b)] B. The employee may be suspended pending a hearing on the charg-
41 es and the final determination thereof. The suspension shall be with
42 pay, except the employee may be suspended without pay if the employee
43 has entered a guilty plea to or has been convicted of a felony crime
44 concerning the criminal sale or possession of a controlled substance, a
45 precursor of a controlled substance, or drug paraphernalia as defined in
46 article two hundred twenty or two hundred twenty-one of the penal law;
47 or a felony crime involving the physical abuse of a minor or student.
48 The employee shall be terminated without a hearing, as provided for in
49 this section, upon conviction of a sex offense, as defined in subpara-
50 graph two of paragraph b of subdivision seven-a of section three hundred
51 five of this chapter. To the extent this section applies to an employee
52 acting as a school administrator or supervisor, as defined in subpara-
53 graph three of paragraph b of subdivision seven-b of section three
54 hundred five of this chapter, such employee shall be terminated without
55 a hearing, as provided for in this section, upon conviction of a felony
S. 6257 20 A. 9057
1 offense defined in subparagraph two of paragraph b of subdivision
2 seven-b of section three hundred five of this chapter.
3 [(c)] C. Within ten days of receipt of the statement of charges, the
4 employee shall notify the clerk or secretary of the employing board in
5 writing whether he or she desires a hearing on the charges and when the
6 charges concern pedagogical incompetence or issues involving pedagogical
7 judgment, his or her choice of either a single hearing officer or a
8 three member panel, provided that a three member panel shall not be
9 available where the charges concern pedagogical incompetence based sole-
10 ly upon a teacher's or principal's pattern of ineffective teaching or
11 performance as defined in section three thousand twelve-c of this arti-
12 cle. All other charges shall be heard by a single hearing officer.
13 [(d)] D. The unexcused failure of the employee to notify the clerk or
14 secretary of his or her desire for a hearing within ten days of the
15 receipt of charges shall be deemed a waiver of the right to a hearing.
16 Where an employee requests a hearing in the manner provided for by this
17 section, the clerk or secretary of the board shall, within three working
18 days of receipt of the employee's notice or request for a hearing, noti-
19 fy the commissioner [of education] of the need for a hearing. If the
20 employee waives his or her right to a hearing the employing board shall
21 proceed, within fifteen days, by a vote of a majority of all members of
22 such board, to determine the case and fix the penalty, if any, to be
23 imposed in accordance with subdivision four of this section.
24 3. Hearings. a. Notice of hearing. Upon receipt of a request for a
25 hearing in accordance with subdivision two of this section, the commis-
26 sioner shall forthwith notify the American Arbitration Association
27 (hereinafter "association") of the need for a hearing and shall request
28 the association to provide to the commissioner forthwith a list of names
29 of persons chosen by the association from the association's panel of
30 labor arbitrators to potentially serve as hearing officers together with
31 relevant biographical information on each arbitrator. Upon receipt of
32 said list and biographical information, the commissioner shall forthwith
33 send a copy of both simultaneously to the employing board and the
34 employee. The commissioner shall also simultaneously notify both the
35 employing board and the employee of each potential hearing officer's
36 record in the last five cases of commencing and completing hearings
37 within the time periods prescribed in this section.
38 b. (i) Hearing officers. All hearings pursuant to this section shall
39 be conducted before and by a single hearing officer selected as provided
40 for in this section. A hearing officer shall not be eligible to serve
41 [as such] IN SUCH POSITION if he or she is a resident of the school
42 district, other than the city of New York, under the jurisdiction of the
43 employing board, an employee, agent or representative of the employing
44 board or of any labor organization representing employees of such
45 employing board, has served as such agent or representative within two
46 years of the date of the scheduled hearing, or if he or she is then
47 serving as a mediator or fact finder in the same school district.
48 (A) Notwithstanding any other provision of law, FOR HEARINGS COMMENCED
49 BY THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND TWELVE, the
50 hearing officer shall be compensated by the department with the custom-
51 ary fee paid for service as an arbitrator under the auspices of the
52 association for each day of actual service plus necessary travel and
53 other reasonable expenses incurred in the performance of his or her
54 duties. All other expenses of the disciplinary proceedings COMMENCED BY
55 THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND TWELVE shall be
56 paid in accordance with rules promulgated by the commissioner [of educa-
S. 6257 21 A. 9057
1 tion]. CLAIMS FOR SUCH COMPENSATION FOR DAYS OF ACTUAL SERVICE AND
2 REIMBURSEMENT FOR NECESSARY TRAVEL AND OTHER EXPENSES FOR HEARINGS
3 COMMENCED BY THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND
4 TWELVE SHALL BE PAID FROM AN APPROPRIATION FOR SUCH PURPOSE IN THE ORDER
5 IN WHICH THEY HAVE BEEN APPROVED BY THE COMMISSIONER FOR PAYMENT,
6 PROVIDED PAYMENT SHALL FIRST BE MADE FOR ANY OTHER HEARING COSTS PAYABLE
7 BY THE COMMISSIONER, INCLUDING THE COSTS OF TRANSCRIBING THE RECORD, AND
8 PROVIDED FURTHER THAT NO SUCH CLAIM SHALL BE SET ASIDE FOR INSUFFICIENCY
9 OF FUNDS TO MAKE A COMPLETE PAYMENT, BUT SHALL BE ELIGIBLE FOR A PARTIAL
10 PAYMENT IN ONE YEAR AND SHALL RETAIN ITS PRIORITY DATE STATUS FOR APPRO-
11 PRIATIONS DESIGNATED FOR SUCH PURPOSE IN FUTURE YEARS.
12 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
13 THE CONTRARY, FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR
14 AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE HEARING OFFICER SHALL BE
15 COMPENSATED FOR HIS OR HER ACTUAL HOURS OF SERVICE RENDERED IN THE
16 PERFORMANCE OF HIS OR HER DUTIES AS A HEARING OFFICER, PLUS ANY NECES-
17 SARY TRAVEL OR OTHER EXPENSES INCURRED IN THE PERFORMANCE OF SUCH DUTIES
18 IN ACCORDANCE WITH THE PROVISIONS OF THIS CLAUSE AND CLAUSE (C) OF THIS
19 SUBPARAGRAPH. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RATES FOR THE
20 COMPENSATION OF HEARING OFFICERS AND LIMITATIONS ON THE NUMBER OF STUDY
21 HOURS THAT MAY BE CLAIMED.
22 (C) THE COSTS OF COMPENSATING HEARING OFFICERS FOR ACTUAL HOURS OF
23 SERVICE, PLUS ANY NECESSARY TRAVEL AND OTHER EXPENSES INCURRED IN THE
24 PERFORMANCE OF SUCH DUTIES IN ACCORDANCE WITH CLAUSE (B) OF THIS SUBPAR-
25 AGRAPH AND THE REGULATIONS OF THE COMMISSIONER SHALL BE DIVIDED EQUALLY
26 BETWEEN THE EMPLOYING BOARD AND THE EMPLOYEE'S BARGAINING AGENT OR THE
27 EMPLOYEE IF NOT REPRESENTED BY A BARGAINING UNIT. UPON VERIFICATION AND
28 APPROVAL BY THE EMPLOYING BOARD AND THE EMPLOYEE OR THE EMPLOYEE'S
29 BARGAINING AGENT FOLLOWING COMPLETION OF THE HEARING, CLAIMS FOR PAYMENT
30 FOR SUCH SERVICES SHALL BE SUBMITTED TO THE RESPONSIBLE PARTIES.
31 (ii) Not later than ten days after the date the commissioner mails to
32 the employing board and the employee the list of potential hearing offi-
33 cers and biographies provided to the commissioner by the association,
34 the employing board and the employee, individually or through their
35 agents or representatives, shall by mutual agreement select a hearing
36 officer from said list to conduct the hearing and shall notify the
37 commissioner of their selection.
38 (iii) If the employing board and the employee fail to agree on an
39 arbitrator to serve as a hearing officer from said list and so notify
40 the commissioner within ten days after receiving the list from the
41 commissioner, the commissioner shall request the association to appoint
42 a hearing officer from said list.
43 (iv) In those cases in which the employee elects to have the charges
44 heard by a hearing panel, the hearing panel shall consist of the hearing
45 officer, selected in accordance with this subdivision, and two addi-
46 tional persons, one selected by the employee and one selected by the
47 employing board, from a list maintained for such purpose by the commis-
48 sioner [of education]. The list shall be composed of professional
49 personnel with administrative or supervisory responsibility, profes-
50 sional personnel without administrative or supervisory responsibility,
51 chief school administrators, members of employing boards and others
52 selected from lists of nominees submitted to the commissioner by state-
53 wide organizations representing teachers, school administrators and
54 supervisors and the employing boards. Hearing panel members other than
55 the hearing officer shall be compensated [by the department of educa-
56 tion] at the rate of one hundred dollars for each day of actual service
S. 6257 22 A. 9057
1 [plus] AND SHALL BE REIMBURSED FOR necessary travel and subsistence
2 expenses IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CLAUSE (A) OR
3 CLAUSE (C) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH. The hearing officer
4 shall be compensated as set forth in this subdivision. The hearing offi-
5 cer shall be the [chairman] CHAIRPERSON of the hearing panel.
6 c. Hearing procedures. (i) (A) The commissioner [of education] shall
7 have the power to establish necessary rules and procedures for the
8 conduct of hearings under this section WHICH, FOR HEARINGS OTHER THAN
9 EXPEDITED HEARINGS PURSUANT TO SUBPARAGRAPH (I-A) OF THIS PARAGRAPH,
10 SHALL INCLUDE SPECIFIC TIMELINE REQUIREMENTS FOR CONDUCTING A HEARING
11 AND FOR RENDERING A FINAL DECISION.
12 (B) THE DEPARTMENT SHALL BE AUTHORIZED TO MONITOR AND INVESTIGATE A
13 HEARING OFFICER'S COMPLIANCE WITH SUCH TIMELINES, AS SET FORTH IN THE
14 REGULATIONS OF THE COMMISSIONER. THE COMMISSIONER SHALL ANNUALLY INFORM
15 ALL HEARING OFFICERS WHO HAVE HEARD CASES PURSUANT TO THIS SECTION
16 DURING THE PRECEDING YEAR THAT THE TIME PERIODS PRESCRIBED IN THE REGU-
17 LATIONS OF THE COMMISSIONER FOR CONDUCTING SUCH HEARINGS ARE TO BE
18 STRICTLY FOLLOWED. A RECORD OF CONTINUED FAILURE TO COMMENCE AND
19 COMPLETE HEARINGS WITHIN THE TIME PERIODS PRESCRIBED IN THE REGULATIONS
20 AUTHORIZED BY THIS SUBPARAGRAPH SHALL BE CONSIDERED GROUNDS FOR THE
21 COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM THE LIST OF POTENTIAL HEAR-
22 ING OFFICERS SENT TO THE EMPLOYING BOARD AND THE EMPLOYEE FOR SUCH HEAR-
23 INGS.
24 (C) Such rules shall not require compliance with technical rules of
25 evidence. Hearings shall be conducted by the hearing officer selected
26 pursuant to paragraph b of this subdivision with full and fair disclo-
27 sure of the nature of the case and evidence against the employee by the
28 employing board and shall be public or private at the discretion of the
29 employee. The employee shall have a reasonable opportunity to defend
30 himself or herself and an opportunity to testify in his or her own
31 behalf. The employee shall not be required to testify. Each party shall
32 have the right to be represented by counsel, to subpoena witnesses, and
33 to cross-examine witnesses. All testimony taken shall be under oath
34 which the hearing officer is hereby authorized to administer.
35 [A] (D) FOR HEARINGS COMMENCED BY THE FILING OF CHARGES PRIOR TO APRIL
36 FIRST, TWO THOUSAND TWELVE, A competent stenographer, designated by the
37 commissioner [of education] and compensated by the [state education]
38 department, shall keep and transcribe a record of the proceedings at
39 each such hearing. A copy of the transcript of the hearings shall, upon
40 request, be furnished without charge to the employee and the board of
41 education involved.
42 (E) HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER APRIL
43 FIRST, TWO THOUSAND TWELVE, SHALL NOT BE RECORDED BY A STENOGRAPHER OR
44 ANY OTHER RECORDING MECHANISM UNLESS BOTH PARTIES AGREE PRIOR TO THE
45 COMMENCEMENT OF THE DISCIPLINARY HEARING. THE PARTY REQUESTING A TRAN-
46 SCRIPT OR RECORDING AT A DISCIPLINARY HEARING MAY PROVIDE FOR ONE AT ITS
47 OWN EXPENSE AND SHALL PROVIDE A COPY TO THE ARBITRATOR AND THE OTHER
48 PARTY UNLESS BOTH PARTIES AGREE TO SHARE THE COST OF SUCH TRANSCRIPT OR
49 RECORDING. THE USE OF A TRANSCRIPT CANNOT DELAY THE HEARING AND SHALL
50 NOT EXTEND THE DATE THE HEARING IS CLOSED.
51 (i-a)(A) Where charges of incompetence are brought based solely upon a
52 pattern of ineffective teaching or performance of a classroom teacher or
53 principal, as defined in section three thousand twelve-c of this arti-
54 cle, the hearing shall be conducted before and by a single hearing offi-
55 cer in an expedited hearing, which shall commence within seven days
56 after the pre-hearing conference and shall be completed within sixty
S. 6257 23 A. 9057
1 days after the pre-hearing conference. The hearing officer shall estab-
2 lish a hearing schedule at the pre-hearing conference to ensure that the
3 expedited hearing is completed within the required timeframes and to
4 ensure an equitable distribution of days between the employing board and
5 the charged employee. Notwithstanding any other law, rule or regulation
6 to the contrary, no adjournments may be granted that would extend the
7 hearing beyond such sixty days, except as authorized in this subpara-
8 graph. A hearing officer, upon request, may grant a limited and time
9 specific adjournment that would extend the hearing beyond such sixty
10 days if the hearing officer determines that the delay is attributable to
11 a circumstance or occurrence substantially beyond the control of the
12 requesting party and an injustice would result if the adjournment were
13 not granted.
14 (B) Such charges shall allege that the employing board has developed
15 and substantially implemented a teacher or principal improvement plan in
16 accordance with subdivision four of section three thousand twelve-c of
17 this article for the employee following the first evaluation in which
18 the employee was rated ineffective, and the immediately preceding evalu-
19 ation if the employee was rated developing. Notwithstanding any other
20 provision of law to the contrary, a pattern of ineffective teaching or
21 performance as defined in section three thousand twelve-c of this arti-
22 cle shall constitute very significant evidence of incompetence for
23 purposes of this section. Nothing in this subparagraph shall be
24 construed to limit the defenses which the employee may place before the
25 hearing officer in challenging the allegation of a pattern of ineffec-
26 tive teaching or performance.
27 (C) The commissioner shall annually inform all hearing officers who
28 have heard cases pursuant to this section during the preceding year that
29 the time periods prescribed in this subparagraph for conducting expe-
30 dited hearings are to be strictly followed. A record of continued fail-
31 ure to commence and complete expedited hearings within the time periods
32 prescribed in this subparagraph shall be considered grounds for the
33 commissioner to exclude such individual from the list of potential hear-
34 ing officers sent to the employing board and the employee for such expe-
35 dited hearings.
36 (ii) The hearing officer selected to conduct a hearing under this
37 section shall, within ten to fifteen days of agreeing to serve [as such]
38 IN SUCH POSITION, hold a pre-hearing conference which shall be held in
39 the school district or county seat of the county, or any county, wherein
40 the employing school board is located. The pre-hearing conference shall
41 be limited in length to one day except that the hearing officer, in his
42 or her discretion, may allow one additional day for good cause shown.
43 (iii) At the pre-hearing conference the hearing officer shall have the
44 power to:
45 (A) issue subpoenas;
46 (B) hear and decide all motions, including but not limited to motions
47 to dismiss the charges;
48 (C) hear and decide all applications for bills of particular or
49 requests for production of materials or information, including, but not
50 limited to, any witness statement (or statements), investigatory state-
51 ment (or statements) or note (notes), exculpatory evidence or any other
52 evidence, including district or student records, relevant and material
53 to the employee's defense.
54 (iv) Any pre-hearing motion or application relative to the sufficiency
55 of the charges, application or amendment thereof, or any preliminary
56 matters shall be made upon written notice to the hearing officer and the
S. 6257 24 A. 9057
1 adverse party no less than five days prior to the date of the pre-hear-
2 ing conference. Any pre-hearing motions or applications not made as
3 provided for herein shall be deemed waived except for good cause as
4 determined by the hearing officer.
5 (v) In the event that at the pre-hearing conference the employing
6 board presents evidence that the professional license of the employee
7 has been revoked and all judicial and administrative remedies have been
8 exhausted or foreclosed, the hearing officer shall schedule the date,
9 time and place for an expedited hearing, which hearing shall commence
10 not more than seven days after the pre-hearing conference and which
11 shall be limited to one day. The expedited hearing shall be held in the
12 local school district or county seat of the county or any county, where-
13 in the said employing board is located. The expedited hearing shall not
14 be postponed except upon the request of a party and then only for good
15 cause as determined by the hearing officer. At such hearing, each party
16 shall have equal time in which to present its case.
17 (vi) During the pre-hearing conference, the hearing officer shall
18 determine the reasonable amount of time necessary for a final hearing on
19 the charge or charges and shall schedule the location, time(s) and
20 date(s) for the final hearing. The final hearing shall be held in the
21 local school district or county seat of the county, or any county, wher-
22 ein the said employing school board is located. In the event that the
23 hearing officer determines that the nature of the case requires the
24 final hearing to last more than one day, the days that are scheduled for
25 the final hearing shall be consecutive. The day or days scheduled for
26 the final hearing shall not be postponed except upon the request of a
27 party and then only for good cause shown as determined by the hearing
28 officer. In all cases, the final hearing shall be completed no later
29 than sixty days after the pre-hearing conference unless the hearing
30 officer determines that extraordinary circumstances warrant a limited
31 extension.
32 D. LIMITATION ON CLAIMS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
33 RULE OR REGULATION TO THE CONTRARY, NO PAYMENTS SHALL BE MADE BY THE
34 DEPARTMENT PURSUANT TO THIS SUBDIVISION ON OR AFTER APRIL FIRST, TWO
35 THOUSAND TWELVE FOR: (I) COMPENSATION OF A HEARING OFFICER OR HEARING
36 PANEL MEMBER, (II) REIMBURSEMENT OF SUCH HEARING OFFICERS OR PANEL
37 MEMBERS FOR NECESSARY TRAVEL OR OTHER EXPENSES INCURRED BY THEM, OR
38 (III) FOR OTHER HEARING EXPENSES ON A CLAIM SUBMITTED LATER THAN ONE
39 YEAR AFTER THE FINAL DISPOSITION OF THE HEARING BY ANY MEANS, INCLUDING
40 SETTLEMENT, OR WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARA-
41 GRAPH, WHICHEVER IS LATER; PROVIDED THAT NO PAYMENT SHALL BE BARRED OR
42 REDUCED WHERE SUCH PAYMENT IS REQUIRED AS A RESULT OF A COURT ORDER OR
43 JUDGMENT OR A FINAL AUDIT.
44 4. Post hearing procedures. [(a)] A. The hearing officer shall render
45 a written decision within thirty days of the last day of the final hear-
46 ing, or in the case of an expedited hearing within ten days of such
47 expedited hearing, and shall [forthwith] forward a copy thereof to the
48 commissioner [of education] who shall immediately forward copies of the
49 decision to the employee and to the clerk or secretary of the employing
50 board. The written decision shall include the hearing officer's findings
51 of fact on each charge, his or her conclusions with regard to each
52 charge based on said findings and shall state what penalty or other
53 action, if any, shall be taken by the employing board. At the request of
54 the employee, in determining what, if any, penalty or other action shall
55 be imposed, the hearing officer shall consider the extent to which the
56 employing board made efforts towards correcting the behavior of the
S. 6257 25 A. 9057
1 employee which resulted in charges being brought under this section
2 through means including but not limited to: remediation, peer inter-
3 vention or an employee assistance plan. In those cases where a penalty
4 is imposed, such penalty may be a written reprimand, a fine, suspension
5 for a fixed time without pay, or dismissal. In addition to or in lieu of
6 the aforementioned penalties, the hearing officer, where he or she deems
7 appropriate, may impose upon the employee remedial action including but
8 not limited to leaves of absence with or without pay, continuing educa-
9 tion and/or study, a requirement that the employee seek counseling or
10 medical treatment or that the employee engage in any other remedial or
11 combination of remedial actions.
12 [(b)] B. Within fifteen days of receipt of the hearing officer's deci-
13 sion the employing board shall implement the decision. If the employee
14 is acquitted he or she shall be restored to his or her position with
15 full pay for any period of suspension without pay and the charges
16 expunged from the employment record. If an employee who was convicted of
17 a felony crime specified in paragraph [(b)] B of subdivision two of this
18 section, has said conviction reversed, the employee, upon application,
19 shall be entitled to have his OR HER pay and other emoluments restored,
20 for the period from the date of his OR HER suspension to the date of the
21 decision.
22 [(c)] C. The hearing officer shall indicate in the decision whether
23 any of the charges brought by the employing board were frivolous as
24 defined in section [eight thousand three] EIGHTY-THREE hundred three-a
25 of the civil practice law and rules. If the hearing [officers] OFFICER
26 finds that all of the charges brought against the employee were frivo-
27 lous, the hearing officer shall order the employing board to reimburse
28 the [state education] department the reasonable costs said department
29 incurred as a result of the proceeding and to reimburse the employee the
30 reasonable costs, including but not limited to reasonable attorneys'
31 fees, the employee incurred in defending the charges. If the hearing
32 officer finds that some but not all of the charges brought against the
33 employee were frivolous, the hearing officer shall order the employing
34 board to reimburse the [state education] department a portion, in the
35 discretion of the hearing officer, of the reasonable costs said depart-
36 ment incurred as a result of the proceeding and to reimburse the employ-
37 ee a portion, in the discretion of the hearing officer, of the reason-
38 able costs, including but not limited to reasonable attorneys' fees, the
39 employee incurred in defending the charges.
40 5. Appeal. A. Not later than ten days after receipt of the hearing
41 officer's decision, the employee or the employing board may make an
42 application to the New York state supreme court to vacate or modify the
43 decision of the hearing officer pursuant to section [seven thousand
44 five] SEVENTY-FIVE hundred eleven of the civil practice law and rules.
45 The court's review shall be limited to the grounds set forth in such
46 section. The hearing panel's determination shall be deemed to be final
47 for the purpose of such proceeding.
48 B. In no case shall the filing or the pendency of an appeal delay the
49 implementation of the decision of the hearing officer.
50 S 2. This act shall take effect immediately, except that if this act
51 shall have become a law on or after April 1, 2012 this act shall take
52 effect immediately and shall be deemed to have been in full force and
53 effect on and after April 1, 2012.
54 PART C
S. 6257 26 A. 9057
1 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
2 section 131-o of the social services law, as amended by section 1 of
3 part S of chapter 58 of the laws of 2011, are amended to read as
4 follows:
5 (a) in the case of each individual receiving family care, an amount
6 equal to at least [$130.00] $135.00 for each month beginning on or after
7 January first, two thousand [eleven] TWELVE.
8 (b) in the case of each individual receiving residential care, an
9 amount equal to at least [$150.00] $155.00 for each month beginning on
10 or after January first, two thousand [eleven] TWELVE.
11 (c) in the case of each individual receiving enhanced residential
12 care, an amount equal to at least [$178.00] $184.00 for each month
13 beginning on or after January first, two thousand [eleven] TWELVE.
14 (d) for the period commencing January first, two thousand [twelve]
15 THIRTEEN, the monthly personal needs allowance shall be an amount equal
16 to the sum of the amounts set forth in subparagraphs one and two of this
17 paragraph:
18 (1) the amounts specified in paragraphs (a), (b) and (c) of this
19 subdivision; and
20 (2) the amount in subparagraph one of this paragraph, multiplied by
21 the percentage of any federal supplemental security income cost of
22 living adjustment which becomes effective on or after January first, two
23 thousand [twelve] THIRTEEN, but prior to June thirtieth, two thousand
24 [twelve] THIRTEEN, rounded to the nearest whole dollar.
25 S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
26 section 209 of the social services law, as amended by section 2 of part
27 S of chapter 58 of the laws of 2011, are amended to read as follows:
28 (a) On and after January first, two thousand [eleven] TWELVE, for an
29 eligible individual living alone, [$761.00] $785.00; and for an eligible
30 couple living alone, [$1115.00] $1152.00.
31 (b) On and after January first, two thousand [eleven] TWELVE, for an
32 eligible individual living with others with or without in-kind income,
33 [$697.00] $721.00; and for an eligible couple living with others with or
34 without in-kind income, [$1057.00] $1094.00.
35 (c) On and after January first, two thousand [eleven] TWELVE, (i) for
36 an eligible individual receiving family care, [$940.48] $964.48 if he or
37 she is receiving such care in the city of New York or the county of
38 Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
39 couple receiving family care in the city of New York or the county of
40 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
41 in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
42 ual receiving such care in any other county in the state, [$902.48]
43 $926.48; and (iv) for an eligible couple receiving such care in any
44 other county in the state, two times the amount set forth in subpara-
45 graph (iii) of this paragraph.
46 (d) On and after January first, two thousand [eleven] TWELVE, (i) for
47 an eligible individual receiving residential care, [$1109.00] $1133.00
48 if he or she is receiving such care in the city of New York or the coun-
49 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
50 couple receiving residential care in the city of New York or the county
51 of Nassau, Suffolk, Westchester or Rockland, two times the amount set
52 forth in subparagraph (i) of this paragraph; or (iii) for an eligible
53 individual receiving such care in any other county in the state,
54 [$1079.00] $1103.00; and (iv) for an eligible couple receiving such care
55 in any other county in the state, two times the amount set forth in
56 subparagraph (iii) of this paragraph.
S. 6257 27 A. 9057
1 (e) (i) On and after January first, two thousand [eleven] TWELVE, for
2 an eligible individual receiving enhanced residential care, [$1368.00]
3 $1392.00; and (ii) for an eligible couple receiving enhanced residential
4 care, two times the amount set forth in subparagraph (i) of this para-
5 graph.
6 (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
7 vision shall be increased to reflect any increases in federal supple-
8 mental security income benefits for individuals or couples which become
9 effective on or after January first, two thousand [twelve] THIRTEEN but
10 prior to June thirtieth, two thousand [twelve] THIRTEEN.
11 S 3. This act shall take effect July 1, 2012.
12 PART D
13 Section 1. Paragraph (a-3) of subdivision 2 of section 131-a of the
14 social services law, as amended by section 2 of part U of chapter 58 of
15 the laws of 2011, is amended and a new paragraph (a-4) is added to read
16 as follows:
17 (a-3) For the period beginning July first, two thousand twelve and
18 [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, the following
19 schedule shall be the standard of monthly need for determining eligibil-
20 ity for all categories of assistance in and by all social services
21 districts:
22 Number of Persons in Household
23 One Two Three Four Five Six
24 [$158] [$252] [$335] [$432] [$533] [$616]
25 $150 $239 $317 $409 $505 $583
26 For each additional person in the household there shall be added an
27 additional amount of [eighty-four] EIGHTY dollars monthly.
28 (A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
29 THEREAFTER, THE FOLLOWING SHALL BE THE STANDARD OF MONTHLY NEED FOR
30 DETERMINING ELIGIBILITY FOR ALL CATEGORIES OF ASSISTANCE IN AND BY ALL
31 SOCIAL SERVICES DISTRICTS:
32 NUMBER OF PERSONS IN HOUSEHOLD
33 ONE TWO THREE FOUR FIVE SIX
34 $158 $252 $336 $433 $534 $617
35 FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
36 ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY.
37 S 2. Paragraph (a-3) of subdivision 3 of section 131-a of the social
38 services law, as amended by section 4 of part U of chapter 58 of the
39 laws of 2011, is amended and a new paragraph (a-4) is added to read as
40 follows:
41 (a-3) For the period beginning July first, two thousand twelve and
42 [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, persons and
43 families determined to be eligible by the application of the standard of
44 need prescribed by the provisions of subdivision two of this section,
45 less any available income or resources which are not required to be
46 disregarded by other provisions of this chapter, shall receive maximum
47 monthly grants and allowances in all social services districts, in
48 accordance with the following schedule, for public assistance:
49 Number of Persons in Household
50 One Two Three Four Five Six
51 [$158] [$252] [$335] [$432] [$533] [$616]
52 $150 $239 $317 $409 $505 $583
53 For each additional person in the household there shall be added an
54 additional amount of [eighty-four] EIGHTY dollars monthly.
S. 6257 28 A. 9057
1 (A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
2 THEREAFTER, PERSONS AND FAMILIES DETERMINED TO BE ELIGIBLE BY THE APPLI-
3 CATION OF THE STANDARD OF NEED PRESCRIBED BY THE PROVISIONS OF SUBDIVI-
4 SION TWO OF THIS SECTION, LESS ANY AVAILABLE INCOME OR RESOURCES WHICH
5 ARE NOT REQUIRED TO BE DISREGARDED BY OTHER PROVISIONS OF THIS CHAPTER,
6 SHALL RECEIVE MAXIMUM MONTHLY GRANTS AND ALLOWANCES IN ALL SOCIAL
7 SERVICES DISTRICTS, IN ACCORDANCE WITH THE FOLLOWING SCHEDULE, FOR
8 PUBLIC ASSISTANCE:
9 NUMBER OF PERSONS IN HOUSEHOLD
10 ONE TWO THREE FOUR FIVE SIX
11 $158 $252 $336 $433 $534 $617
12 FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
13 ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY.
14 S 3. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after April 1, 2012.
16 PART E
17 Section 1. Paragraph (f) of subdivision 3 of section 22 of the social
18 services law, as relettered by chapter 611 of the laws of 1979, is
19 relettered paragraph (g) and a new paragraph (f) is added to read as
20 follows:
21 (F) UNLESS AN AGREEMENT IS IN EFFECT FOR FEDERAL ADMINISTRATION OF
22 ADDITIONAL STATE PAYMENTS PURSUANT TO SECTION TWO HUNDRED ELEVEN OF THIS
23 CHAPTER, APPLICANTS FOR AND RECIPIENTS OF ADDITIONAL STATE PAYMENTS AS
24 DEFINED IN SUBDIVISION TWO OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER;
25 AND
26 S 2. Subdivision 2 of section 208 of the social services law, as added
27 by chapter 1080 of the laws of 1974, is amended to read as follows:
28 2. "Additional state payments" shall mean payments made to aged, blind
29 and disabled persons who are receiving, or who would but for their
30 income be eligible to receive, federal supplemental security income
31 benefits, whether made by [social services districts] THE OFFICE OF
32 TEMPORARY AND DISABILITY ASSISTANCE in accordance with the provisions of
33 this title and with title sixteen of the federal social security act, or
34 by the [secretary] COMMISSIONER of the [federal department of health,
35 education and welfare] UNITED STATES SOCIAL SECURITY ADMINISTRATION,
36 pursuant to and in accordance with the provisions of this title, title
37 sixteen of the federal social security act, and provisions of any agree-
38 ment entered into between the state and such [secretary] COMMISSIONER by
39 which the [secretary] COMMISSIONER agrees to administer such additional
40 state payments on behalf of the state. SUCH PAYMENTS ARE EQUAL TO THE
41 STANDARD OF NEED, LESS THE GREATER OF THE FEDERAL BENEFIT RATE OR COUNT-
42 ABLE INCOME. FOR PURPOSES OF THIS TITLE, THE "FEDERAL BENEFIT RATE"
43 SHALL MEAN THE MAXIMUM PAYMENT OF SUPPLEMENTAL SECURITY INCOME PAYABLE
44 TO A PERSON OR COUPLE WITH NO COUNTABLE INCOME.
45 S 3. Section 208 of the social services law is amended by adding a new
46 subdivision 12 to read as follows:
47 12. THE TERM "STANDARD OF NEED" SHALL REFER SOLELY TO THE MAXIMUM
48 LEVEL OF INCOME A PERSON OR COUPLE MAY HAVE AND REMAIN ELIGIBLE FOR
49 ADDITIONAL STATE PAYMENTS UNDER THIS TITLE. THE TERM APPLIES SOLELY TO
50 THE PROGRAM OF ADDITIONAL STATE PAYMENTS AND HAS NO APPLICATION TO ANY
51 OTHER PROGRAM OR BENEFIT.
52 S 4. Paragraph (a) of subdivision 1 of section 209 of the social
53 services law, as added by chapter 1080 of the laws of 1974 and subpara-
S. 6257 29 A. 9057
1 graph (iv) as amended by chapter 214 of the laws of 1998, is amended to
2 read as follows:
3 (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO PERSON SHALL BE ELIGI-
4 BLE FOR ANY PAYMENT PURSUANT TO THIS TITLE WHO IS INELIGIBLE FOR SUPPLE-
5 MENTAL SECURITY INCOME FOR ANY REASON OTHER THAN HAVING COUNTABLE INCOME
6 EXCEEDING THE FEDERAL BENEFIT RATE FOR SUCH PROGRAM. An individual shall
7 be eligible to receive additional state payments if he OR SHE HAS
8 APPLIED FOR SUPPLEMENTAL SECURITY INCOME BENEFITS, HAS RECEIVED A DETER-
9 MINATION WITH RESPECT TO SUCH APPLICATION AND:
10 (i) is over sixty-five years of age, or is blind or disabled; and
11 (ii) does not have countable income in an amount equal to or greater
12 than the standard of need established in subdivision two of this
13 section; and
14 (iii) does not have countable resources in an amount equal to or
15 greater than the amount of resources an individual or couple may have
16 and remain eligible for supplemental security income benefits pursuant
17 to federal law and regulations of the department; and
18 (iv) is a resident of the state and is either a citizen of the United
19 States or is not an alien who is or would be ineligible for federal
20 supplemental security income benefits solely by reason of alien status.
21 S 5. Subdivision 1 of section 212 of the social services law is
22 REPEALED and a new subdivision 1 is added to read as follows:
23 1. IF THERE IS NO AGREEMENT IN EFFECT FOR FEDERAL ADMINISTRATION OF
24 ADDITIONAL STATE PAYMENTS PURSUANT TO SECTION TWO HUNDRED ELEVEN OF THIS
25 TITLE, THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY
26 ASSISTANCE SHALL BE RESPONSIBLE FOR PROVIDING SUCH PAYMENTS TO ELIGIBLE
27 RESIDENTS OF THE STATE AS REQUIRED BY THIS TITLE AND SHALL:
28 (A) ACCEPT AND PROCESS APPLICATIONS FOR ADDITIONAL STATE PAYMENTS TO
29 BE MADE PURSUANT TO THIS TITLE;
30 (B) DETERMINE ELIGIBILITY FOR AND THE AMOUNT OF ADDITIONAL STATE
31 PAYMENTS IN ACCORDANCE WITH THIS TITLE;
32 (C) REDETERMINE ELIGIBILITY PERIODICALLY AS THE OFFICE MAY REQUIRE;
33 PROVIDED, HOWEVER, THAT ANY SUCH REDETERMINATIONS SHALL BE NO MORE
34 FREQUENT THAN PROVIDED BY THE APPLICABLE REGULATIONS OF THE UNITED
35 STATES SOCIAL SECURITY ADMINISTRATION; AND
36 (D) TAKE ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF
37 THIS TITLE.
38 S 6. Subparagraph 2 of paragraph (a) of subdivision 1 of section 366
39 of the social services law, as added by chapter 1080 of the laws of
40 1974, is amended to read as follows:
41 (2) is receiving or is eligible to receive federal supplemental secu-
42 rity income payments and/or additional state payments[, so long as there
43 is in effect an agreement between the state and the secretary of health,
44 education and welfare, pursuant to section three hundred sixty-three-b
45 of this title, for the federal determination of eligibility of aged,
46 blind and disabled persons for medical assistance, and so long as such
47 secretary requires, as a condition of entering into such agreement, that
48 such person be eligible for medical assistance] PURSUANT TO TITLE SIX OF
49 THIS ARTICLE; ANY INCONSISTENT PROVISION OF THIS CHAPTER OR OTHER LAW
50 NOTWITHSTANDING, THE DEPARTMENT MAY DESIGNATE THE OFFICE OF TEMPORARY
51 AND DISABILITY ASSISTANCE AS ITS AGENT TO DISCHARGE ITS RESPONSIBILITY,
52 OR SO MUCH OF ITS RESPONSIBILITY AS IS PERMITTED BY FEDERAL LAW, FOR
53 DETERMINING ELIGIBILITY FOR MEDICAL ASSISTANCE WITH RESPECT TO PERSONS
54 WHO ARE NOT ELIGIBLE TO RECEIVE FEDERAL SUPPLEMENTAL SECURITY INCOME
55 PAYMENTS BUT WHO ARE RECEIVING A STATE ADMINISTERED SUPPLEMENTARY
56 PAYMENT OR MANDATORY MINIMUM SUPPLEMENT IN ACCORDANCE WITH THE
S. 6257 30 A. 9057
1 PROVISIONS OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THIS
2 ARTICLE; or
3 S 7. This act shall take effect immediately.
4 PART F
5 Section 1. Section 28 of part C of chapter 83 of the laws of 2002,
6 amending the executive law and other laws relating to funding for chil-
7 dren and family services, as amended by section 1 of part Q of chapter
8 57 of the laws of 2009, is amended to read as follows:
9 S 28. This act shall take effect immediately; provided that sections
10 nine through eighteen and twenty through twenty-seven of this act shall
11 be deemed to have been in full force and effect on and after April 1,
12 2002; provided, however, that section fifteen of this act shall apply to
13 claims that are otherwise reimbursable by the state on or after April 1,
14 2002 except as provided in subdivision 9 of section 153-k of the social
15 services law as added by section fifteen of this act; provided further
16 however, that nothing in this act shall authorize the office of children
17 and family services to deny state reimbursement to a social services
18 district for violations of the provisions of section 153-d of the social
19 services law for services provided from January 1, 1994 through March
20 31, 2002; provided that section nineteen of this act shall take effect
21 September 13, 2002 AND SHALL EXPIRE AND BE DEEMED REPEALED JUNE 30,
22 2012; and, provided further, however, that notwithstanding any law to
23 the contrary, the office of children and family services shall have the
24 authority to promulgate, on an emergency basis, any rules and regu-
25 lations necessary to implement the requirements established pursuant to
26 this act; provided further, however, that the regulations to be devel-
27 oped pursuant to section one of this act shall not be adopted by emer-
28 gency rule; and provided further that the provisions of sections nine
29 THROUGH EIGHTEEN AND TWENTY through twenty-seven of this act shall
30 expire and be deemed repealed on June 30, [2012] 2017.
31 S 2. Paragraph (a) of subdivision 1 of section 153-k of the social
32 services law, as added by section 15 of part C of chapter 83 of the laws
33 of 2002, is amended to read as follows:
34 (a) Expenditures made by social services districts for child protec-
35 tive services, preventive services provided, as applicable, to eligible
36 children and families of children who are in and out of foster care
37 placement, independent living services, aftercare services, and adoption
38 administration and services other than adoption subsidies provided
39 pursuant to article six of this chapter and the regulations of the
40 department of family assistance shall, if approved by the office of
41 children and family services, be subject to [sixty-five] SIXTY-TWO
42 percent state reimbursement exclusive of any federal funds made avail-
43 able for such purposes, in accordance with the directives of the depart-
44 ment of family assistance and subject to the approval of the director of
45 the budget.
46 S 3. Paragraph (a) of subdivision 2 of section 153-k of the social
47 services law, as added by section 15 of part C of chapter 83 of the laws
48 of 2002, is amended to read as follows:
49 (a) Notwithstanding the provisions of this chapter or of any other law
50 to the contrary, eligible expenditures by a social services district for
51 foster care services AND KINSHIP GUARDIANSHIP ASSISTANCE shall be
52 subject to reimbursement with state funds only to the extent of annual
53 appropriations to the state foster care block grant. Such foster care
54 services shall include expenditures for the provision and administration
S. 6257 31 A. 9057
1 of: care, maintenance, supervision and tuition; supervision of foster
2 children placed in federally funded job corps programs; and care, main-
3 tenance, supervision and tuition for adjudicated juvenile delinquents
4 and persons in need of supervision placed in residential programs oper-
5 ated by authorized agencies and in out-of-state residential programs.
6 SUCH KINSHIP GUARDIANSHIP ASSISTANCE SHALL INCLUDE EXPENDITURES FOR THE
7 PROVISION AND ADMINISTRATION OF KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS
8 AND NON-RECURRING GUARDIANSHIP EXPENSES MADE PURSUANT TO TITLE TEN OF
9 ARTICLE SIX OF THIS CHAPTER. Social services districts must develop and
10 implement children and family services delivery systems that are
11 designed to reduce the need for and the length of foster care placements
12 and must document their efforts in the multi-year consolidated services
13 plan and the annual implementation reports submitted pursuant to section
14 thirty-four-a of this chapter.
15 S 4. Subdivision 1 of section 456 of the social services law, as
16 amended by chapter 601 of the laws of 1994, is amended to read as
17 follows:
18 1. Payments made by social services officials pursuant to the
19 provisions of this title shall, if approved by the department, be
20 subject to reimbursement by the state, in accordance with the regu-
21 lations of the department as follows: there shall be paid to each
22 social services district (a) the amount of federal funds, if any, prop-
23 erly received or to be received on account of such payments; and (b)
24 except as set forth below, [seventy-five] SIXTY-TWO per centum of such
25 payments after first deducting therefrom any federal funds properly
26 received or to be received on account thereof; provided, however, that
27 when payments under section four hundred fifty-three of this title are
28 made to a person or persons residing in a social services district whose
29 board rate exceeds that of the district making such payments, that
30 portion of the payments which exceeds the board rate of the district
31 making the payments shall be subject to reimbursement by the state in
32 the amount of one hundred per centum thereof, (c) one hundred per centum
33 of such payments after first deducting therefrom any federal funds prop-
34 erly to be received on account of such payments, for children placed out
35 for adoption by a voluntary authorized agency or for children being
36 adopted after being placed out for adoption by a voluntary authorized
37 agency in accordance with the provisions of this title, or (d) one
38 hundred per centum of such payments after first deducting therefrom any
39 federal funds properly to be received on account of such payments, for
40 children placed out for adoption or being adopted after being placed out
41 for adoption by an Indian tribe as referenced in subdivision seven of
42 section four hundred fifty-one of this title.
43 S 5. This act shall take effect immediately and shall be deemed to
44 have been in full force and effect on and after April 1, 2012; provided,
45 however, that the amendments to paragraph (a) of subdivision 1 and para-
46 graph (a) of subdivision 2 of section 153-k of the social services law
47 made by sections two and three of this act shall not affect the repeal
48 of such section and shall be deemed repealed therewith.
49 PART G
50 Section 1. This part enacts into law major components of legislation
51 which are necessary for establishing a juvenile justice services close
52 to home initiative. Each component is wholly contained within a subpart
53 identified as subparts A through B. The effective date for each partic-
54 ular provision contained within such subpart is set forth in the last
S. 6257 32 A. 9057
1 section of such subpart. Any provision in any section contained within a
2 subpart, including the effective date of the subpart, which makes refer-
3 ence to a section "of this act", when used in connection with that
4 particular component, shall be deemed to mean and refer to the corre-
5 sponding section of the subpart in which it is found. Section four of
6 this part sets forth the general effective date of this act.
7 S 2. Legislative intent. In order to provide a juvenile justice system
8 that ensures public safety and improves short and long term outcomes for
9 youth and their families, it is the intent of this legislation to
10 authorize the city of New York to provide juvenile justice services to
11 all adjudicated juvenile delinquents who reside in the city, and are
12 determined by the family court to need placement other than in a secure
13 facility. This legislation aims to transform the juvenile justice system
14 by authorizing the city to develop a system for its youth that strives
15 to:
16 a) provide an effective continuum of diversion, supervision, treatment
17 and confinement, ensuring that the least restrictive, most appropriate
18 level of care is provided for all youth, consistent with public safety,
19 keeping youth close to home, minimizing the dislocation of youth from
20 their families and building on positive connections between young people
21 and their communities;
22 b) provide accountability of the system and organizations within the
23 system, ensuring that both internal and external mechanisms for over-
24 sight of the system are maintained;
25 c) be data-driven, ensuring that objective instruments are employed at
26 all key decision making stages and that system actors readily and trans-
27 parently share information to inform ongoing changes in policy and prac-
28 tice;
29 d) promote family and community involvement, ensuring that positive
30 family and community supports are actively engaged;
31 e) be based on evidence-informed practices, ensuring that programs and
32 services provided are shown to have worked in improving outcomes for
33 youth, maintaining public safety and reducing unnecessary confinement
34 and recidivism and unwarranted racial/ethnic disparities; and
35 f) provide effective reintegration services, ensuring that youth
36 remain connected to appropriate educational services and positive behav-
37 ioral supports and/or treatment modalities upon transitioning home from
38 placement.
39 SUBPART A
40 Section 1. The social services law is amended by adding a new section
41 404 to read as follows:
42 S 404. JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE. 1. A
43 SOCIAL SERVICES DISTRICT IN A CITY WITH A POPULATION IN EXCESS OF ONE
44 MILLION MAY IMPLEMENT A CLOSE TO HOME INITIATIVE TO PROVIDE JUVENILE
45 JUSTICE SERVICES TO ALL ADJUDICATED JUVENILE DELINQUENTS DETERMINED BY A
46 FAMILY COURT IN SUCH DISTRICT AS NEEDING PLACEMENT OTHER THAN IN A
47 SECURE FACILITY AND TO ENTER INTO CONTRACTS WITH ANY AUTHORIZED AGENCY,
48 AS DEFINED BY SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER, TO
49 OPERATE AND MAINTAIN NON-SECURE AND LIMITED SECURE FACILITIES.
50 2. A SOCIAL SERVICES DISTRICT SHALL OBTAIN PRIOR APPROVAL FROM THE
51 OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STATE DIVISION OF BUDGET
52 OF ITS PLAN FOR ESTABLISHING AND IMPLEMENTING SUCH AN INITIATIVE IN
53 ACCORDANCE WITH GUIDELINES ESTABLISHED AND IN THE FORMAT, AND INCLUDING
54 THE INFORMATION REQUIRED, BY SUCH OFFICE. SUCH DISTRICT MAY SUBMIT SEPA-
S. 6257 33 A. 9057
1 RATE PLANS FOR HOW THE DISTRICT WILL IMPLEMENT INITIATIVES FOR JUVENILE
2 DELINQUENTS PLACED IN NON-SECURE SETTINGS AND IN LIMITED SECURE
3 SETTINGS. ANY SUCH PLAN SHALL SPECIFY, IN DETAIL, AS APPLICABLE:
4 (A) HOW THE DISTRICT WILL PROVIDE A CONTINUUM OF EVIDENCE INFORMED,
5 HIGH-QUALITY COMMUNITY-BASED AND RESIDENTIAL PROGRAMMING THAT WILL
6 PROTECT COMMUNITY SAFETY AND PROVIDE APPROPRIATE SERVICES TO YOUTH,
7 INCLUDING THE OPERATION OF NON-SECURE AND LIMITED SECURE FACILITIES, IN
8 SUFFICIENT CAPACITY AND IN A MANNER DESIGNED TO MEET THE NEEDS OF JUVE-
9 NILE DELINQUENTS CARED FOR UNDER THE INITIATIVE. SUCH PROGRAMMING SHALL
10 BE BASED ON AN ANALYSIS OF RECENT PLACEMENT TRENDS OF YOUTH FROM WITHIN
11 SUCH DISTRICT, INCLUDING THE NUMBER OF YOUTH WHO HAVE BEEN PLACED IN THE
12 CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR PLACEMENT IN
13 OTHER THAN A SECURE FACILITY;
14 (B) THE ANTICIPATED START-UP AND ON-GOING SERVICES AND ADMINISTRATIVE
15 COSTS OF THE INITIATIVE;
16 (C) THE READINESS OF THE DISTRICT TO ESTABLISH THE INITIATIVE AND THE
17 AVAILABILITY OF ALL NEEDED RESOURCES, INCLUDING THE LOCATION OF SERVICES
18 AND AVAILABILITY OF THE PROVIDERS THAT WILL PROVIDE ALL NECESSARY
19 SERVICES UNDER THE INITIATIVE INCLUDING, BUT NOT LIMITED TO, RESIDEN-
20 TIAL, NON-RESIDENTIAL, EDUCATIONAL, MEDICAL, SUBSTANCE ABUSE, MENTAL
21 HEALTH AND AFTER CARE SERVICES AND COMMUNITY SUPERVISION;
22 (D) THE PROPOSED EFFECTIVE DATE OF THE PLAN AND DOCUMENTATION OF THE
23 DISTRICT'S READINESS TO BEGIN ACCEPTING AND APPROPRIATELY SERVING JUVE-
24 NILE DELINQUENTS UNDER THE PLAN;
25 (E) HOW THE DISTRICT WILL PROVIDE NECESSARY AND APPROPRIATE STAFFING
26 TO IMPLEMENT THE INITIATIVE;
27 (F) HOW THE DISTRICT WILL MONITOR THE QUALITY OF SERVICES PROVIDED TO
28 YOUTH, INCLUDING HOW THE DISTRICT WILL PROVIDE CASE MANAGEMENT SERVICES;
29 (G) HOW, THROUGHOUT THE INITIATIVE, THE DISTRICT WILL SEEK AND RECEIVE
30 ON-GOING COMMUNITY AND STAKEHOLDER INPUT RELATING TO THE IMPLEMENTATION
31 AND EFFECTIVENESS OF THE INITIATIVE;
32 (H) HOW THE DISTRICT WILL ENSURE THAT ALL STAFF WORKING DIRECTLY WITH
33 YOUTH SERVED UNDER THE INITIATIVE HAVE RECEIVED NECESSARY AND APPROPRI-
34 ATE TRAINING;
35 (I) HOW THE DISTRICT WILL MONITOR THE USE OF RESTRAINTS ON YOUTH,
36 INCLUDING, BUT NOT LIMITED TO, THE USE OF MECHANICAL RESTRAINTS;
37 (J) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT PROGRAMS AND POLICIES
38 TO ENSURE PROGRAM SAFETY AND THAT YOUTH RECEIVE APPROPRIATE SERVICES
39 BASED ON THEIR NEEDS, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL, BEHAV-
40 IORAL, MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES IN ACCORDANCE WITH
41 INDIVIDUALIZED TREATMENT PLANS DEVELOPED FOR EACH YOUTH;
42 (K) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT GENDER SPECIFIC
43 PROGRAMMING AND POLICIES TO MEET THE SPECIALIZED NEEDS OF LESBIAN, GAY,
44 BISEXUAL OR TRANSGENDER YOUTH;
45 (L) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT PROGRAMMING THAT IS
46 CULTURALLY COMPETENT TO MEET THE DIVERSE NEEDS OF THE YOUTH;
47 (M) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT LOCAL PROGRAMS THAT
48 WILL SEEK TO REDUCE THE DISPROPORTIONATE PLACEMENT OF MINORITY YOUTH IN
49 RESIDENTIAL PROGRAMS IN THE JUVENILE JUSTICE SYSTEM;
50 (N) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT A PLAN TO REDUCE THE
51 NUMBER OF YOUTH ABSENT WITHOUT LEAVE FROM PLACEMENT;
52 (O) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT POLICIES TO SERVE
53 YOUTH IN THE LEAST RESTRICTIVE SETTING CONSISTENT WITH THE NEEDS OF
54 YOUTH AND PUBLIC SAFETY, AND TO AVOID MODIFICATIONS OF PLACEMENTS TO THE
55 OFFICE OF CHILDREN AND FAMILY SERVICES;
S. 6257 34 A. 9057
1 (P) HOW THE DISTRICT WILL ENGAGE IN PERMANENCY AND DISCHARGE PLANNING
2 FOR JUVENILE DELINQUENTS PLACED IN ITS CUSTODY;
3 (Q) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT A COMPREHENSIVE AFTER
4 CARE PROGRAM TO PROVIDE SERVICES AND SUPPORTS FOR YOUTH WHO HAVE RE-EN-
5 TERED THE COMMUNITY FOLLOWING A JUVENILE JUSTICE PLACEMENT WITH THE
6 DISTRICT;
7 (R) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT POLICIES FOCUSED ON
8 REDUCING RECIDIVISM OF YOUTH WHO LEAVE THE PROGRAM;
9 (S) HOW THE LOCAL PROBATION DEPARTMENT WILL IMPLEMENT A COMPREHENSIVE
10 PREDISPOSITION INVESTIGATION PROCESS THAT INCLUDES, AT LEAST, THE USE OF
11 APPROPRIATE ASSESSMENTS TO DETERMINE THE COGNITIVE,
12 EDUCATIONAL/VOCATIONAL, AND SUBSTANCE ABUSE NEEDS OF THE YOUTH AND THE
13 USE OF A VALIDATED RISK ASSESSMENT INSTRUMENT, APPROVED BY THE OFFICE OF
14 CHILDREN AND FAMILY SERVICES; AND HOW THE DISTRICT WILL IMPLEMENT AN
15 INTAKE PROCESS FOR YOUTH PLACED IN RESIDENTIAL CARE THAT INCLUDES THE
16 USE OF APPROPRIATE ASSESSMENTS TO DETERMINE THE MEDICAL, DENTAL, MENTAL
17 AND BEHAVIORAL HEALTH NEEDS OF THE YOUTH; AND
18 (T) HOW THE DISTRICT WILL PROVIDE FOR THE RESTRICTIVE SETTING AND
19 PROGRAMS NECESSARY TO SERVE YOUTH WHO NEED PLACEMENT IN A LIMITED SECURE
20 SETTING CONSISTENT WITH THE NECESSITY FOR THE PROTECTION OF THE HEALTH
21 OR SAFETY OF THE JUVENILE DELINQUENTS IN THE FACILITY OR THE SURROUNDING
22 COMMUNITY.
23 3. PRIOR TO SUBMITTING ANY PLAN PURSUANT TO SUBDIVISION TWO OF THIS
24 SECTION, THE SOCIAL SERVICES DISTRICT SHALL CONDUCT AT LEAST ONE PUBLIC
25 HEARING ON THE PROPOSED PLAN. ANY SUCH PUBLIC HEARINGS SHALL ONLY BE
26 HELD AFTER THIRTY DAYS NOTICE HAS BEEN PROVIDED IN A NEWSPAPER OF GENER-
27 AL CIRCULATION WITHIN THE JURISDICTION FOR WHICH THE SOCIAL SERVICES
28 DISTRICT IS LOCATED. THE NOTICE SHALL SPECIFY THE TIMES OF THE PUBLIC
29 HEARING AND PROVIDE INFORMATION ON HOW WRITTEN COMMENT ON THE PLAN MAY
30 BE SUBMITTED TO THE DISTRICT FOR CONSIDERATION. ADDITIONALLY, FOR A
31 PERIOD OF AT LEAST THIRTY DAYS PRIOR TO A HEARING, THE DISTRICT SHALL
32 POST ON ITS WEBSITE A NOTICE OF THE HEARING, A COPY OF THE PROPOSED
33 PLAN, AND INFORMATION ON HOW WRITTEN COMMENTS ON THE PLAN MAY BE SUBMIT-
34 TED TO THE DISTRICT FOR CONSIDERATION.
35 4. THE SOCIAL SERVICES DISTRICT SHALL SUBMIT, WITH SUCH A PLAN, AN
36 ASSESSMENT OF ANY WRITTEN COMMENTS RECEIVED, AND ANY COMMENTS PRESENTED
37 AT THE PUBLIC HEARING. AT A MINIMUM, SUCH ASSESSMENT SHALL CONTAIN:
38 (A) A SUMMARY AND ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT ALTER-
39 NATIVES SUGGESTED;
40 (B) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
41 NOT INCORPORATED INTO THE PLAN; AND
42 (C) A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF SUCH
43 COMMENTS.
44 5. THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STATE DIVISION
45 OF BUDGET, IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH, SHALL BE
46 AUTHORIZED TO REQUEST AMENDMENTS TO ANY PLAN PRIOR TO APPROVAL. FOR ANY
47 PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE
48 SETTINGS, THE OFFICE AND THE DIVISION SHALL, WITHIN THIRTY DAYS OF
49 RECEIVING THE PLAN, EITHER APPROVE OR DISAPPROVE THE PLAN OR REQUEST
50 AMENDMENTS TO THE PLAN. IF ANY AMENDMENTS ARE REQUESTED TO THE PLAN, THE
51 OFFICE AND THE DIVISION SHALL APPROVE OR DISAPPROVE THE PLAN WITHIN
52 FIFTEEN DAYS OF ITS RESUBMISSION WITH THE REQUESTED AMENDMENTS. FOR ANY
53 PLAN THAT COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS,
54 THE OFFICE AND THE DIVISION SHALL, WITHIN SIXTY DAYS OF RECEIVING THE
55 PLAN, EITHER APPROVE OR DISAPPROVE THE PLAN OR REQUEST AMENDMENTS TO THE
56 PLAN. IF ANY AMENDMENTS ARE REQUESTED TO THE PLAN, THE OFFICE AND THE
S. 6257 35 A. 9057
1 DIVISION SHALL APPROVE OR DISAPPROVE THE PLAN WITHIN FIFTEEN DAYS OF ITS
2 RESUBMISSION WITH THE REQUESTED AMENDMENTS.
3 6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
4 THE OFFICE OF CHILDREN AND FAMILY SERVICES APPROVES A SOCIAL SERVICES
5 DISTRICT'S PLAN TO IMPLEMENT A JUVENILE JUSTICE SERVICES CLOSE TO HOME
6 INITIATIVE FOR JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, SUCH
7 OFFICE SHALL WORK WITH SUCH DISTRICT TO IDENTIFY THOSE JUVENILE DELIN-
8 QUENTS IN THE OFFICE'S CUSTODY RESIDING IN NON-SECURE PLACEMENTS AND
9 THOSE CONDITIONALLY RELEASED FROM A FACILITY WHO WERE PLACED BY A FAMILY
10 COURT WITHIN THE JURISDICTION OF SAID SOCIAL SERVICES DISTRICT. THE
11 OFFICE SHALL EVALUATE THE PLACEMENT LENGTH AND THE NEEDS OF SUCH JUVE-
12 NILE DELINQUENTS AND, WHERE APPROPRIATE, FILE A PETITION PURSUANT TO
13 SECTION 355.1 OF THE FAMILY COURT ACT TO TRANSFER CUSTODY OF SUCH YOUTH
14 TO SAID SOCIAL SERVICES DISTRICT ON THE EFFECTIVE DATE OF THE PLAN, OR
15 AS SOON AS APPROPRIATE THEREAFTER, BUT IN NO EVENT LATER THAN NINETY
16 DAYS AFTER SUCH EFFECTIVE DATE; PROVIDED, HOWEVER, IF THE OFFICE DETER-
17 MINES, ON A CASE-BY-CASE BASIS, FOR REASONS DOCUMENTED IN WRITING
18 SUBMITTED TO THE SOCIAL SERVICES DISTRICT, THAT A TRANSFER WITHIN NINETY
19 DAYS OF THE EFFECTIVE DATE OF THE PLAN WOULD BE DETRIMENTAL TO THE
20 EMOTIONAL, MENTAL OR PHYSICAL HEALTH OF A YOUTH, OR WOULD SERIOUSLY
21 INTERFERE WITH THE YOUTH'S INTERSTATE TRANSFER OR IMMINENT DISCHARGE,
22 THE OFFICE SHALL PROVIDE AN ESTIMATED TIME BY WHICH THE OFFICE EXPECTS
23 TO BE ABLE TO PETITION FOR THE TRANSFER OF SUCH YOUTH OR TO RELEASE SUCH
24 YOUTH FROM ITS CARE, AND SHALL NOTIFY THE DISTRICT OF ANY DELAY OF THAT
25 EXPECTED DATE AND THE REASONS FOR SUCH A DELAY.
26 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
27 OFFICE APPROVES A SOCIAL SERVICES DISTRICT'S PLAN TO IMPLEMENT A JUVE-
28 NILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE FOR JUVENILE DELINQUENTS
29 PLACED IN LIMITED-SECURE SETTINGS, SUCH OFFICE SHALL WORK WITH SUCH
30 DISTRICT TO IDENTIFY JUVENILE DELINQUENTS IN THE OFFICE'S CUSTODY RESID-
31 ING IN LIMITED SECURE PLACEMENTS WHO WERE PLACED BY A FAMILY COURT IN
32 THE SOCIAL SERVICES DISTRICT. THE OFFICE OF CHILDREN AND FAMILY SERVICES
33 SHALL EVALUATE THE PLACEMENT LENGTH AND NEEDS OF SUCH JUVENILE DELIN-
34 QUENTS AND, WHERE APPROPRIATE, FILE A PETITION PURSUANT TO SECTION 355.1
35 OF THE FAMILY COURT ACT TO TRANSFER CUSTODY OF SUCH YOUTH TO SAID SOCIAL
36 SERVICES DISTRICT ON THE EFFECTIVE DATE OF THE PLAN OR AS SOON AS APPRO-
37 PRIATE THEREAFTER, BUT IN NO EVENT LATER THAN NINETY DAYS AFTER SUCH
38 EFFECTIVE DATE; PROVIDED, HOWEVER, IF THE OFFICE DETERMINES, ON A CASE-
39 BY-CASE BASIS, FOR REASONS DOCUMENTED IN WRITING SUBMITTED TO THE SOCIAL
40 SERVICES DISTRICT, THAT A TRANSFER WITHIN NINETY DAYS OF THE EFFECTIVE
41 DATE OF THE PLAN WOULD BE DETRIMENTAL TO THE EMOTIONAL, MENTAL OR PHYS-
42 ICAL HEALTH OF A YOUTH, OR WOULD SERIOUSLY INTERFERE WITH THE YOUTH'S
43 INTERSTATE TRANSFER OR IMMINENT DISCHARGE, THE OFFICE SHALL PROVIDE AN
44 ESTIMATED TIME BY WHICH THE OFFICE EXPECTS TO BE ABLE TO PETITION FOR
45 THE TRANSFER OF SUCH YOUTH OR TO RELEASE SUCH YOUTH FROM ITS CARE, AND
46 SHALL NOTIFY THE DISTRICT OF ANY DELAY OF THAT EXPECTED DATE AND THE
47 REASONS FOR SUCH A DELAY.
48 7. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION
49 FIFTEEN OF SECTION FIVE HUNDRED ONE OF THE EXECUTIVE LAW, OR ANY OTHER
50 LAW TO THE CONTRARY, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES
51 APPROVES A SOCIAL SERVICES DISTRICT'S PLAN FOR A JUVENILE JUSTICE
52 SERVICES CLOSE TO HOME INITIATIVE TO IMPLEMENT SERVICES FOR JUVENILE
53 DELINQUENTS PLACED IN NON-SECURE OR LIMITED SECURE SETTINGS, SUCH OFFICE
54 SHALL BE AUTHORIZED, FOR UP TO A YEAR AFTER THE EFFECTIVE DATE OF ANY
55 SUCH PLAN: (1) TO CLOSE ANY OF ITS FACILITIES IN THE CORRESPONDING
56 SETTING LEVELS COVERED BY THE APPROVED PLAN AND TO MAKE SIGNIFICANT
S. 6257 36 A. 9057
1 ASSOCIATED SERVICE REDUCTIONS AND PUBLIC EMPLOYEE STAFFING REDUCTIONS
2 AND TRANSFER OPERATIONS FOR THOSE SETTING LEVELS TO A PRIVATE OR
3 NOT-FOR-PROFIT ENTITY, AS DETERMINED BY THE COMMISSIONER OF THE OFFICE
4 OF CHILDREN AND FAMILY SERVICES TO BE NECESSARY TO REFLECT THE DECREASE
5 IN THE NUMBER OF JUVENILE DELINQUENTS PLACED WITH SUCH OFFICE FROM SUCH
6 SOCIAL SERVICES DISTRICT; (2) TO REDUCE COSTS TO THE STATE AND OTHER
7 SOCIAL SERVICES DISTRICTS RESULTING FROM SUCH DECREASE; AND (3) TO
8 ADJUST SERVICES TO PROVIDE REGIONALLY-BASED CARE TO JUVENILE DELINQUENTS
9 FROM OTHER PARTS OF THE STATE NEEDING SERVICES IN THOSE LEVELS OF RESI-
10 DENTIAL SERVICES. AT LEAST SIXTY DAYS PRIOR TO TAKING ANY SUCH ACTION,
11 THE COMMISSIONER OF THE OFFICE SHALL PROVIDE NOTICE OF SUCH ACTION TO
12 THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE
13 AND SHALL POST SUCH NOTICE UPON ITS PUBLIC WEBSITE. SUCH NOTICE MAY BE
14 PROVIDED AT ANY TIME ON OR AFTER THE DATE THE OFFICE APPROVES A PLAN
15 AUTHORIZING A SOCIAL SERVICES DISTRICT TO IMPLEMENT PROGRAMS FOR JUVE-
16 NILE DELINQUENTS PLACED IN THE APPLICABLE SETTING LEVEL. SUCH COMMIS-
17 SIONER SHALL BE AUTHORIZED TO CONDUCT ANY AND ALL PREPARATORY ACTIONS
18 WHICH MAY BE REQUIRED TO EFFECTUATE SUCH CLOSURES OR SIGNIFICANT SERVICE
19 OR STAFFING REDUCTIONS AND TRANSFER OF OPERATIONS DURING SUCH SIXTY DAY
20 PERIOD.
21 (B) ANY TRANSFERS OF CAPACITY OR ANY RESULTING TRANSFER OF FUNCTIONS
22 SHALL BE AUTHORIZED TO BE MADE BY THE COMMISSIONER OF THE OFFICE OF
23 CHILDREN AND FAMILY SERVICES AND ANY TRANSFER OF PERSONNEL UPON SUCH
24 TRANSFER OF CAPACITY OR TRANSFER OF FUNCTIONS SHALL BE ACCOMPLISHED IN
25 ACCORDANCE WITH THE PROVISIONS OF SECTION SEVENTY OF THE CIVIL SERVICE
26 LAW.
27 8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
28 ELIGIBLE EXPENDITURES DURING THE APPLICABLE TIME PERIODS MADE BY A
29 SOCIAL SERVICES DISTRICT FOR AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
30 TO HOME INITIATIVE SHALL, IF APPROVED BY THE DEPARTMENT OF FAMILY
31 ASSISTANCE, BE SUBJECT TO REIMBURSEMENT WITH STATE FUNDS ONLY UP TO THE
32 EXTENT OF AN ANNUAL APPROPRIATION MADE SPECIFICALLY THEREFOR, AFTER
33 FIRST DEDUCTING THEREFROM ANY FEDERAL FUNDS PROPERLY RECEIVED OR TO BE
34 RECEIVED ON ACCOUNT THEREOF; PROVIDED, HOWEVER, THAT WHEN SUCH FUNDS
35 HAVE BEEN EXHAUSTED, A SOCIAL SERVICES DISTRICT MAY RECEIVE STATE
36 REIMBURSEMENT FROM OTHER AVAILABLE STATE APPROPRIATIONS FOR THAT STATE
37 FISCAL YEAR FOR ELIGIBLE EXPENDITURES FOR SERVICES THAT OTHERWISE WOULD
38 BE REIMBURSABLE UNDER SUCH FUNDING STREAMS. ANY CLAIMS SUBMITTED BY A
39 SOCIAL SERVICES DISTRICT FOR REIMBURSEMENT FOR A PARTICULAR STATE FISCAL
40 YEAR FOR WHICH THE SOCIAL SERVICES DISTRICT DOES NOT RECEIVE STATE
41 REIMBURSEMENT FROM THE ANNUAL APPROPRIATION FOR THE APPROVED CLOSE TO
42 HOME INITIATIVE MAY NOT BE CLAIMED AGAINST THAT DISTRICT'S APPROPRIATION
43 FOR THE INITIATIVE FOR THE NEXT OR ANY SUBSEQUENT STATE FISCAL YEAR.
44 (I) STATE FUNDING FOR REIMBURSEMENT SHALL BE, SUBJECT TO APPROPRI-
45 ATION, IN THE FOLLOWING AMOUNTS: FOR STATE FISCAL YEAR 2013-14,
46 $35,200,000 ADJUSTED BY ANY CHANGES IN SUCH AMOUNT REQUIRED BY SUBPARA-
47 GRAPHS (II) AND (III) OF THIS PARAGRAPH; FOR STATE FISCAL YEAR 2014-15,
48 $41,400,000 ADJUSTED TO INCLUDE THE AMOUNT OF ANY CHANGES MADE TO THE
49 STATE FISCAL YEAR 2013-14 APPROPRIATION UNDER SUBPARAGRAPHS (II) AND
50 (III) OF THIS PARAGRAPH PLUS ANY ADDITIONAL CHANGES REQUIRED BY SUCH
51 SUBPARAGRAPHS; AND, SUCH REIMBURSEMENT SHALL BE, SUBJECT TO APPROPRI-
52 ATION, FOR ALL SUBSEQUENT STATE FISCAL YEARS IN THE AMOUNT OF THE PRIOR
53 YEAR'S ACTUAL APPROPRIATION ADJUSTED BY ANY CHANGES REQUIRED BY SUBPARA-
54 GRAPHS (II) AND (III) OF THIS PARAGRAPH.
55 (II) THE REIMBURSEMENT AMOUNTS SET FORTH IN SUBPARAGRAPH (I) OF THIS
56 PARAGRAPH SHALL BE INCREASED OR DECREASED BY THE PERCENTAGE THAT THE
S. 6257 37 A. 9057
1 AVERAGE OF THE MOST RECENTLY APPROVED MAXIMUM STATE AID RATES FOR GROUP
2 RESIDENTIAL FOSTER CARE PROGRAMS IS HIGHER OR LOWER THAN THE AVERAGE OF
3 THE APPROVED MAXIMUM STATE AID RATES FOR GROUP RESIDENTIAL FOSTER CARE
4 PROGRAMS IN EXISTENCE IMMEDIATELY PRIOR TO THE MOST RECENTLY APPROVED
5 RATES.
6 (III) THE REIMBURSEMENT AMOUNTS SET FORTH IN SUBPARAGRAPH (I) OF THIS
7 PARAGRAPH SHALL BE INCREASED IF EITHER THE POPULATION OF ALLEGED JUVE-
8 NILE DELINQUENTS WHO RECEIVE A PROBATION INTAKE OR THE NUMBER OF YOUTH
9 WITH A DISPOSITION FROM THE FAMILY COURT WHO ARE DETERMINED TO BE HIGH
10 RISK, AS DEFINED IN CLAUSE (A) OF THIS SUBPARAGRAPH, INCREASES BY AT
11 LEAST TEN PERCENT OVER THE RESPECTIVE POPULATION IN THE ANNUAL BASELINE
12 YEAR. THE BASELINE YEAR SHALL BE THE PERIOD FROM JULY FIRST, TWO THOU-
13 SAND TEN THROUGH JUNE THIRTIETH, TWO THOUSAND ELEVEN OR THE MOST RECENT
14 TWELVE MONTH PERIOD FOR WHICH THERE IS COMPLETE DATA, WHICHEVER IS
15 LATER. IN EACH SUCCESSIVE YEAR, THE POPULATION OF THE PREVIOUS JULY
16 FIRST THROUGH JUNE THIRTIETH PERIOD SHALL BE COMPARED TO THE BASELINE
17 YEAR FOR DETERMINING ANY ADJUSTMENTS TO A STATE FISCAL YEAR APPROPRI-
18 ATION. WHEN EITHER POPULATION INCREASES BY TEN PERCENT OR MORE, THE
19 REIMBURSEMENT WILL BE ADJUSTED BY A PERCENTAGE EQUAL TO THE LARGER OF
20 THE PERCENTAGE INCREASE IN EITHER THE NUMBER OF PROBATION INTAKES FOR
21 ALLEGED JUVENILE DELINQUENTS OR THE NUMBER OF HIGH RISK YOUTH.
22 (A) FOR THE PURPOSES OF THIS SUBPARAGRAPH, HIGH RISK YOUTH SHALL MEAN
23 YOUTH WHO ARE CATEGORIZED BY THE NEW YORK CITY DEPARTMENT OF PROBATION
24 STRUCTURED DECISION MAKING GRID (OR ANY SUCCESSOR RISK ASSESSMENT TOOL
25 APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES IN CONSULTATION
26 WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES) AS EITHER AT HIGH RISK
27 FOR RE-ARREST IN CASES WHERE THE MOST SERIOUS CURRENT ARREST CHARGE IS A
28 CLASS I OR II OR AT MEDIUM RISK FOR RE-ARREST IN CASES WHERE THE MOST
29 SERIOUS CURRENT ARREST CHARGE IS A CLASS I.
30 (B) THE SOCIAL SERVICES DISTRICT AND/OR THE NEW YORK CITY DEPARTMENT
31 OF PROBATION SHALL PROVIDE AN ANNUAL REPORT INCLUDING THE DATA REQUIRED
32 TO CALCULATE THE POPULATION ADJUSTMENT TO THE NEW YORK CITY OFFICE OF
33 MANAGEMENT AND BUDGET, THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
34 STATE DIVISION OF THE BUDGET NO LATER THAN THE FIRST DAY OF SEPTEMBER
35 FOLLOWING THE CLOSE OF THE PREVIOUS JULY FIRST THROUGH JUNE THIRTIETH
36 PERIOD.
37 (B) THE DEPARTMENT OF FAMILY ASSISTANCE IS AUTHORIZED, IN ITS
38 DISCRETION, TO MAKE ADVANCES TO A SOCIAL SERVICES DISTRICT IN ANTIC-
39 IPATION OF THE STATE REIMBURSEMENT PROVIDED FOR IN THIS SECTION.
40 (C) A SOCIAL SERVICES DISTRICT SHALL CONDUCT ELIGIBILITY DETERMI-
41 NATIONS FOR FEDERAL AND STATE FUNDING AND SUBMIT CLAIMS FOR REIMBURSE-
42 MENT IN SUCH FORM AND MANNER AND AT SUCH TIMES AND FOR SUCH PERIODS AS
43 THE DEPARTMENT OF FAMILY ASSISTANCE SHALL DETERMINE.
44 (D) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR REGULATION OF
45 THE DEPARTMENT OF FAMILY ASSISTANCE, STATE REIMBURSEMENT SHALL NOT BE
46 MADE FOR ANY EXPENDITURE MADE FOR THE DUPLICATION OF ANY GRANT OR ALLOW-
47 ANCE FOR ANY PERIOD.
48 (E) CLAIMS SUBMITTED BY A SOCIAL SERVICES DISTRICT FOR REIMBURSEMENT
49 SHALL BE PAID AFTER DEDUCTING ANY EXPENDITURES DEFRAYED BY FEES, THIRD
50 PARTY REIMBURSEMENT, AND ANY NON-TAX LEVY FUNDS INCLUDING ANY DONATED
51 FUNDS.
52 (F) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT REIMBURSE ANY
53 CLAIMS FOR EXPENDITURES FOR RESIDENTIAL SERVICES THAT ARE SUBMITTED MORE
54 THAN TWENTY-TWO MONTHS AFTER THE CALENDAR QUARTER IN WHICH THE EXPENDI-
55 TURES WERE MADE.
S. 6257 38 A. 9057
1 (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE SHALL NOT BE
2 RESPONSIBLE FOR REIMBURSING A SOCIAL SERVICES DISTRICT AND A DISTRICT
3 SHALL NOT SEEK STATE REIMBURSEMENT FOR ANY PORTION OF ANY STATE DISAL-
4 LOWANCE OR SANCTION TAKEN AGAINST THE SOCIAL SERVICES DISTRICT, OR ANY
5 FEDERAL DISALLOWANCE ATTRIBUTABLE TO FINAL FEDERAL AGENCY DECISIONS OR
6 TO SETTLEMENTS MADE, WHEN SUCH DISALLOWANCE OR SANCTION RESULTS FROM THE
7 FAILURE OF THE SOCIAL SERVICES DISTRICT TO COMPLY WITH FEDERAL OR STATE
8 REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, FAILURE TO DOCUMENT ELIGI-
9 BILITY FOR THE FEDERAL OR STATE FUNDS IN THE CASE RECORD. TO THE EXTENT
10 THAT THE SOCIAL SERVICES DISTRICT HAS SUFFICIENT CLAIMS OTHER THAN THOSE
11 THAT ARE SUBJECT TO DISALLOWANCE OR SANCTION TO DRAW DOWN THE FULL ANNU-
12 AL APPROPRIATION, SUCH DISALLOWANCE OR SANCTION SHALL NOT RESULT IN A
13 REDUCTION IN PAYMENT OF STATE FUNDS TO THE DISTRICT UNLESS THE DISTRICT
14 REQUESTS THAT THE DEPARTMENT USE A PORTION OF THE APPROPRIATION TOWARD
15 MEETING THE DISTRICT'S RESPONSIBILITY TO REPAY THE FEDERAL GOVERNMENT
16 FOR THE DISALLOWANCE OR SANCTION AND ANY RELATED INTEREST PAYMENTS.
17 (H) RATES FOR RESIDENTIAL SERVICES. (I) THE OFFICE SHALL ESTABLISH THE
18 RATES, IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-EIGHT-A OF THIS
19 CHAPTER, FOR ANY NON-SECURE FACILITIES ESTABLISHED UNDER AN APPROVED
20 JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE. FOR ANY SUCH NON-SE-
21 CURE FACILITY THAT WILL BE USED PRIMARILY BY THE SOCIAL SERVICES
22 DISTRICT WITH AN APPROVED CLOSE TO HOME INITIATIVE, FINAL AUTHORITY FOR
23 ESTABLISHMENT OF SUCH RATES AND ANY ADJUSTMENTS THERETO SHALL RESIDE
24 WITH THE OFFICE, BUT SUCH RATES AND ANY ADJUSTMENTS THERETO SHALL BE
25 ESTABLISHED ONLY UPON THE REQUEST OF, AND IN CONSULTATION WITH, SUCH
26 SOCIAL SERVICES DISTRICT.
27 (II) A SOCIAL SERVICES DISTRICT WITH AN APPROVED JUVENILE JUSTICE
28 SERVICES CLOSE TO HOME INITIATIVE FOR JUVENILE DELINQUENTS PLACED IN
29 LIMITED SECURE SETTINGS SHALL HAVE THE AUTHORITY TO ESTABLISH AND
30 ADJUST, ON AN ANNUAL OR REGULAR BASIS, MAINTENANCE RATES FOR LIMITED
31 SECURE FACILITIES PROVIDING RESIDENTIAL SERVICES UNDER SUCH INITIATIVE.
32 SUCH RATES SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION THREE
33 HUNDRED NINETY-EIGHT-A OF THIS CHAPTER BUT SHALL BE SUBJECT TO MAXIMUM
34 COST LIMITS ESTABLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
35 9. UPON APPROVAL OF A SOCIAL SERVICES DISTRICT'S PLAN, THE OFFICE OF
36 CHILDREN AND FAMILY SERVICES SHALL NOTIFY THE SUPERVISING FAMILY COURT
37 JUDGE RESPONSIBLE FOR THE FAMILY COURTS SERVING SUCH DISTRICT OF THE
38 EFFECTIVE DATE AND PLACEMENT SETTINGS COVERED BY THE PLAN.
39 (A) BEGINNING ON THE EFFECTIVE DATE OF A DISTRICT'S APPROVED PLAN THAT
40 ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, A FAMILY
41 COURT JUDGE SERVING IN A COUNTY WHERE SUCH SOCIAL SERVICES DISTRICT IS
42 LOCATED SHALL ONLY BE AUTHORIZED TO PLACE AN ADJUDICATED JUVENILE DELIN-
43 QUENT IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
44 FAMILY SERVICES FOR PLACEMENT IN A SECURE OR LIMITED SECURE FACILITY
45 PURSUANT TO SECTION 353.3 OR 353.5 OF THE FAMILY COURT ACT.
46 (B) BEGINNING ON THE EFFECTIVE DATE OF A DISTRICT'S APPROVED PLAN TO
47 IMPLEMENT PROGRAMS FOR JUVENILE DELINQUENTS PLACED IN LIMITED SECURE
48 SETTINGS, A FAMILY COURT JUDGE SERVING IN A COUNTY WHERE SUCH SOCIAL
49 SERVICES DISTRICT IS LOCATED SHALL ONLY BE AUTHORIZED TO PLACE AN ADJU-
50 DICATED JUVENILE DELINQUENT IN THE CUSTODY OF THE COMMISSIONER OF THE
51 OFFICE OF CHILDREN AND FAMILY SERVICES FOR PLACEMENT IN A SECURE FACILI-
52 TY PURSUANT TO SECTION 353.3 OR 353.5 OF THE FAMILY COURT ACT.
53 10. IF THE SOCIAL SERVICES DISTRICT RECEIVES THE NECESSARY APPROVAL TO
54 IMPLEMENT A CLOSE TO HOME INITIATIVE, THE DISTRICT SHALL IMPLEMENT THE
55 INITIATIVE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND
56 REGULATIONS. IF THE SOCIAL SERVICES DISTRICT RECEIVES THE NECESSARY
S. 6257 39 A. 9057
1 APPROVAL OF A PLAN FOR JUVENILE DELINQUENTS PLACED IN LIMITED SECURE
2 SETTINGS, THE OFFICE SHALL PROMULGATE REGULATIONS GOVERNING THE OPERA-
3 TION OF SUCH LIMITED SECURE FACILITIES. IF SUCH REGULATIONS ARE NOT
4 ADOPTED PRIOR TO THE DATE THAT AN AUTHORIZED AGENCY APPLIES FOR A
5 LICENSE TO OPERATE SUCH A FACILITY, THE FACILITY SHALL BE SUBJECT TO THE
6 EXISTING REGULATIONS OF THE OFFICE THAT WOULD APPLY TO THE OPERATION OF
7 A FOSTER CARE FACILITY OF THE SAME SIZE; PROVIDED, HOWEVER, THAT THE
8 OFFICE SHALL BE AUTHORIZED TO GRANT AN EXCEPTION TO THE AUTHORIZED AGEN-
9 CY, UNTIL SUCH LIMITED SECURE REGULATIONS ARE ADOPTED, TO ANY SUCH
10 EXISTING REGULATION THAT THE OFFICE DETERMINES WOULD IMPEDE THE ABILITY
11 OF THE AUTHORIZED AGENCY TO PROVIDE THE RESTRICTIVE SETTING AND PROGRAMS
12 NECESSARY TO SERVE YOUTH WHO NEED PLACEMENT IN A LIMITED SECURE SETTING
13 IN ACCORDANCE WITH THE APPROVED PLAN. ANY LIMITED SECURE FACILITY THAT
14 IS GRANTED SUCH A WAIVER SHALL COMPLY WITH ANY ALTERNATE REQUIREMENTS
15 THE OFFICE MAY CONSIDER NECESSARY FOR THE PROTECTION OF THE HEALTH OR
16 SAFETY OF THE JUVENILE DELINQUENTS IN THE FACILITY OR THE SURROUNDING
17 COMMUNITY.
18 (A) THE INITIATIVE SHALL BE SUBJECT TO THE OFFICE OF CHILDREN AND
19 FAMILY SERVICES' ONGOING OVERSIGHT AND MONITORING INCLUDING, BUT NOT
20 LIMITED TO: CASE RECORD REVIEWS; STAFF, FAMILY, AND CLIENT INTERVIEWS;
21 ON-SITE INSPECTIONS; REVIEW OF DATA REGARDING PROVIDER PERFORMANCE,
22 YOUTH AND STAFF SAFETY, AND QUALITY OF CARE, WHICH MUST BE PROVIDED TO
23 THE OFFICE IN THE FORM AND MANNER AND AT SUCH TIMES AS REQUIRED BY THE
24 OFFICE; AND CONTINUED LICENSING AND MONITORING OF THE AUTHORIZED AGEN-
25 CIES PROVIDING SERVICES UNDER THE PLAN PURSUANT TO THIS CHAPTER.
26 (B) THE SOCIAL SERVICES DISTRICT SHALL PROVIDE EACH JUVENILE DELIN-
27 QUENT WITH AN APPROPRIATE LEVEL OF SERVICES DESIGNED TO MEET HIS OR HER
28 INDIVIDUAL NEEDS AND TO ENHANCE PUBLIC SAFETY AND SHALL PROVIDE THE
29 OFFICE OF CHILDREN AND FAMILY SERVICES WITH SPECIFIC INFORMATION AS
30 REQUIRED BY THE OFFICE, IN THE FORMAT AND AT SUCH TIMES AS REQUIRED BY
31 SUCH OFFICE, ON THE YOUTH PARTICIPATING IN THE INITIATIVE AND THE
32 PROGRAMS SERVING SUCH YOUTH. SUCH INFORMATION SHALL BE PROVIDED TO THE
33 OFFICE OF CHILDREN AND FAMILY SERVICES ON A MONTHLY BASIS FOR THE FIRST
34 TWELVE MONTHS IMMEDIATELY FOLLOWING THE IMPLEMENTATION OF THE PROGRAMS
35 FOR EACH LEVEL OF CARE AND SHALL BE PROVIDED TO SUCH OFFICE ON A QUAR-
36 TERLY BASIS THEREAFTER.
37 11. THE SOCIAL SERVICES DISTRICT SHALL SUBMIT A REPORT TO THE OFFICE
38 OF CHILDREN AND FAMILY SERVICES ANNUALLY, IN THE FORMAT REQUIRED BY SUCH
39 OFFICE, DETAILING OVERALL INITIATIVE PERFORMANCE.
40 12. IF THE OFFICE OF CHILDREN AND FAMILY SERVICES DETERMINES THAT THE
41 SOCIAL SERVICES DISTRICT IS FAILING TO ADEQUATELY PROVIDE FOR THE JUVE-
42 NILE DELINQUENTS PLACED UNDER AN APPROVED PLAN, SUCH OFFICE MAY REQUIRE
43 THE SOCIAL SERVICES DISTRICT TO SUBMIT A CORRECTIVE ACTION PLAN, FOR
44 SUCH OFFICE'S APPROVAL, DEMONSTRATING HOW IT WILL RECTIFY THE INADEQUA-
45 CIES. IF THE OFFICE DETERMINES THAT THE SOCIAL SERVICES DISTRICT IS
46 FAILING TO MAKE SUFFICIENT PROGRESS TOWARDS IMPLEMENTING THE CORRECTIVE
47 ACTION PLAN IN THE TIME AND MANNER APPROVED BY THE OFFICE, THE OFFICE
48 SHALL PROVIDE THE DISTRICT WRITTEN NOTICE OF SUCH DETERMINATION AND THE
49 BASIS THEREFOR, AND MANDATE THAT THE DISTRICT TAKE ALL NECESSARY ACTIONS
50 TO IMPLEMENT THE PLAN. IF A DISTRICT HAS FAILED WITHIN A REASONABLE TIME
51 THEREAFTER TO MAKE PROGRESS IMPLEMENTING ANY REGULATION, OR ANY OTHER
52 PORTION OF SUCH PLAN THAT IS INTENDED TO PREVENT IMMINENT DANGER TO THE
53 HEALTH, SAFETY OR WELFARE OF THE YOUTH BEING SERVED UNDER THE PLAN, THE
54 OFFICE MAY WITHHOLD OR SET ASIDE A PORTION OF THE FUNDING DUE UNDER
55 SUBDIVISION EIGHT OF THIS SECTION UNTIL THE DISTRICT DEMONSTRATES THAT
56 SUFFICIENT PROGRESS IS BEING MADE; OR TERMINATE THE DISTRICT'S AUTHORITY
S. 6257 40 A. 9057
1 TO OPERATE ALL OR A PORTION OF THE JUVENILE JUSTICE SERVICES CLOSE TO
2 HOME INITIATIVE, TAKE ALL NECESSARY STEPS TO ASSUME CUSTODY FOR, AND
3 PROVIDE SERVICES TO, THE APPLICABLE JUVENILE DELINQUENTS BEING SERVED
4 UNDER THE INITIATIVE, AND DISCONTINUE FUNDS PROVIDED TO THE DISTRICT FOR
5 SUCH SERVICES. THE OFFICE SHALL NOT WITHHOLD, SET ASIDE OR DISCONTINUE
6 STATE AID TO A DISTRICT UNTIL WRITTEN NOTICE IS GIVEN TO THE COMMISSION-
7 ER OF THE DISTRICT, AND IN THE EVENT FUNDING IS WITHHELD, SET ASIDE OR
8 DISCONTINUED, THE DISTRICT MAY APPEAL TO THE OFFICE, WHICH SHALL HOLD A
9 FAIR HEARING THEREON IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWEN-
10 TY-TWO OF THIS CHAPTER RELATING TO FAIR HEARINGS. THE DISTRICT MAY
11 INSTITUTE A PROCEEDING FOR A REVIEW OF THE DETERMINATION OF THE OFFICE
12 FOLLOWING THE FAIR HEARING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE
13 CIVIL PRACTICE LAW AND RULES. ANY FUNDS WITHHELD, SET ASIDE OR DISCON-
14 TINUED PURSUANT TO THIS PROVISION SHALL BE APPLIED TO ADDRESS THE PROB-
15 LEM WHICH WAS THE BASIS FOR SUCH SANCTION. IF THE OFFICE TERMINATES A
16 DISTRICT'S AUTHORITY TO OPERATE ANY PORTION OF A JUVENILE JUSTICE
17 SERVICES CLOSE TO HOME INITIATIVE IN ACCORDANCE WITH THIS SUBDIVISION,
18 THE OFFICE SHALL NOTIFY THE SUPERVISING FAMILY COURT JUDGE RESPONSIBLE
19 FOR THE FAMILY COURTS SERVING SUCH DISTRICT OF SUCH TERMINATION AND THE
20 EFFECTIVE DATE OF SUCH TERMINATION.
21 13. ONCE A PLAN BECOMES OPERATIVE PURSUANT TO THIS SECTION, THE SOCIAL
22 SERVICES DISTRICT SHALL CARRY OUT THE FOLLOWING FUNCTIONS, POWERS AND
23 DUTIES WITH RESPECT TO PLACEMENTS OF JUVENILE DELINQUENTS IN ACCORDANCE
24 WITH THE PROVISIONS OF SUCH PLAN AND ALL APPLICABLE FEDERAL AND STATE
25 LAWS AND REGULATIONS:
26 (A) TO ENTER INTO CONTRACTS WITH AUTHORIZED AGENCIES, AS DEFINED IN
27 SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER, TO OPERATE AND MAIN-
28 TAIN FACILITIES AUTHORIZED UNDER SUCH PLAN; SUCH CONTRACTS MAY INCLUDE
29 SUCH PROGRAM REQUIREMENTS AS DEEMED NECESSARY BY THE DISTRICT;
30 (B) TO DETERMINE THE PARTICULAR FACILITY OR PROGRAM IN WHICH A JUVE-
31 NILE DELINQUENT PLACED WITH THE DISTRICT SHALL BE CARED FOR, BASED UPON
32 AN EVALUATION OF SUCH JUVENILE DELINQUENT;
33 (C) TO TRANSFER A JUVENILE DELINQUENT FROM ONE FACILITY TO ANY OTHER
34 FACILITY, WHEN THE INTERESTS OF SUCH JUVENILE DELINQUENT REQUIRES SUCH
35 ACTION; PROVIDED THAT, IF THE DISTRICT HAS AN APPROVED PLAN TO IMPLEMENT
36 SERVICES FOR JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, A
37 JUVENILE DELINQUENT TRANSFERRED TO A NON-SECURE FACILITY FROM A LIMITED
38 SECURE FACILITY MAY BE RETURNED TO A LIMITED SECURE FACILITY UPON A
39 DETERMINATION BY THE DISTRICT THAT, FOR ANY REASON, CARE AND TREATMENT
40 AT THE NON-SECURE FACILITY IS NO LONGER SUITABLE;
41 (D) TO ISSUE A WARRANT FOR THE APPREHENSION AND RETURN OF ANY RUNAWAY
42 OR CONDITIONALLY RELEASED JUVENILE DELINQUENT PLACED WITH THE DISTRICT,
43 IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
44 SERVICES; PROVIDED FURTHER THAT:
45 (I) A SOCIAL SERVICES OFFICIAL, PURSUANT TO THE REGULATIONS OF THE
46 OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL ISSUE A WARRANT DIRECTED
47 GENERALLY TO ANY PEACE OFFICER, ACTING PURSUANT TO SUCH OFFICER'S
48 SPECIAL DUTIES, OR POLICE OFFICER IN THE STATE FOR THE APPREHENSION AND
49 RETURN OF ANY RUNAWAY OR CONDITIONALLY RELEASED JUVENILE DELINQUENT
50 UNDER THE JURISDICTION OF THE DISTRICT AND SUCH WARRANT SHALL BE
51 EXECUTED BY ANY PEACE OFFICER, ACTING PURSUANT TO SUCH OFFICER'S SPECIAL
52 DUTIES, OR POLICE OFFICER TO WHOM IT MAY BE DELIVERED; THE SOCIAL
53 SERVICES DISTRICT ALSO SHALL PROVIDE RELEVANT LAW ENFORCEMENT AGENCIES
54 WITHIN FORTY-EIGHT HOURS WITH ANY PHOTOGRAPHS OF ANY RUNAWAY OR CONDI-
55 TIONALLY RELEASED JUVENILE DELINQUENT FOR WHOM A WARRANT IS ISSUED,
56 TOGETHER WITH ANY PERTINENT INFORMATION RELATIVE TO SUCH JUVENILE DELIN-
S. 6257 41 A. 9057
1 QUENT; SUCH PHOTOGRAPHS SHALL REMAIN THE PROPERTY OF THE SOCIAL SERVICES
2 DISTRICT AND SHALL BE KEPT CONFIDENTIAL FOR USE SOLELY IN THE APPREHEN-
3 SION OF SUCH JUVENILE DELINQUENT AND SHALL BE RETURNED PROMPTLY TO THE
4 DISTRICT UPON APPREHENSION OF SUCH JUVENILE DELINQUENT, OR UPON THE
5 DEMAND OF THE DISTRICT;
6 (II) A SOCIAL SERVICES OFFICIAL SHALL GIVE IMMEDIATE WRITTEN NOTICE TO
7 THE FAMILY COURT WHEN ANY JUVENILE DELINQUENT PLACED WITH THE SOCIAL
8 SERVICES DISTRICT BY ORDER OF SAID FAMILY COURT, IS ABSENT FROM SUCH
9 PLACEMENT WITHOUT CONSENT;
10 (III) A MAGISTRATE MAY CAUSE A RUNAWAY OR A CONDITIONALLY RELEASED
11 JUVENILE DELINQUENT TO BE HELD IN CUSTODY UNTIL RETURNED TO THE SOCIAL
12 SERVICES DISTRICT;
13 (E) (I) TO CAUSE A JUVENILE DELINQUENT UNDER THE JURISDICTION OF THE
14 SOCIAL SERVICES DISTRICT WHO RUNS AWAY FROM A FACILITY, TO BE APPRE-
15 HENDED AND RETURNED TO THE SOCIAL SERVICES DISTRICT OR AUTHORIZED AGEN-
16 CY;
17 (II) IF A JUVENILE DELINQUENT UNDER THE JURISDICTION OF THE SOCIAL
18 SERVICES DISTRICT VIOLATES ANY CONDITION OF RELEASE THEREFROM, OR IF
19 THERE IS A CHANGE OF CIRCUMSTANCES, AND THE SOCIAL SERVICES DISTRICT
20 DETERMINES THAT IT WOULD BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS
21 OF SAID JUVENILE DELINQUENT AND THE NEED TO PROTECT THE COMMUNITY, OR
22 THAT THERE IS A SUBSTANTIAL LIKELIHOOD SAID JUVENILE DELINQUENT WILL
23 COMMIT AN ACT THAT WOULD BE A CRIME OR CONSTITUTE A CRIME IF HE OR SHE
24 WERE AN ADULT, TO CAUSE SAID JUVENILE DELINQUENT TO BE APPREHENDED AND
25 RETURNED TO THE DISTRICT OR AUTHORIZED AGENCY PURSUANT TO THE REGU-
26 LATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
27 (III) TO AUTHORIZE AN EMPLOYEE DESIGNATED BY THE SOCIAL SERVICES
28 DISTRICT, WITHOUT A WARRANT, TO APPREHEND A RUNAWAY OR CONDITIONALLY
29 RELEASED JUVENILE DELINQUENT IN ANY COUNTY IN THIS STATE WHOSE RETURN
30 HAS BEEN ORDERED BY THE SOCIAL SERVICES DISTRICT, AND RETURN SAID JUVE-
31 NILE DELINQUENT TO ANY APPROPRIATE SOCIAL SERVICES DISTRICT, DETENTION
32 FACILITY, AUTHORIZED AGENCY OR PROGRAM;
33 (F) PURSUANT TO THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
34 SERVICES, TO DEVELOP AND OPERATE PROGRAMS FOR YOUTH PLACED OR REFERRED
35 TO THE DISTRICT OR IN CONJUNCTION WITH AN ORDER PROVIDED IN ACCORDANCE
36 WITH SECTION 353.6 OF THE FAMILY COURT ACT;
37 (G) UPON THE PLACEMENT OF ANY JUVENILE DELINQUENT EIGHTEEN YEARS OF
38 AGE OR OLDER, OR UPON THE EIGHTEENTH BIRTHDAY OF ANY YOUTH PLACED IN THE
39 CUSTODY OF THE SOCIAL SERVICES DISTRICT FOR AN ADJUDICATION OF JUVENILE
40 DELINQUENCY FOR HAVING COMMITTED AN ACT WHICH IF COMMITTED BY AN ADULT
41 WOULD CONSTITUTE A FELONY, AND STILL IN THE CUSTODY OF THE SOCIAL
42 SERVICES DISTRICT, TO NOTIFY THE DIVISION OF CRIMINAL JUSTICE SERVICES
43 OF SUCH PLACEMENT OR BIRTHDAY. PROVIDED, HOWEVER, IN THE CASE OF A
44 YOUTH ELEVEN OR TWELVE YEARS OF AGE AT THE TIME THE ACT OR ACTS WERE
45 COMMITTED, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL NOT BE
46 PROVIDED WITH THE YOUTH'S NAME, UNLESS THE ACTS COMMITTED BY SUCH YOUTH
47 WOULD CONSTITUTE A CLASS A OR B FELONY. UPON THE SUBSEQUENT DISCHARGE IT
48 SHALL BE THE DUTY OF THE SOCIAL SERVICES DISTRICT TO NOTIFY THE DIVISION
49 OF CRIMINAL JUSTICE SERVICES OF THAT FACT AND THE DATE OF DISCHARGE. FOR
50 THE PURPOSES OF THIS PARAGRAPH, A YOUTH'S AGE SHALL BE DETERMINED TO BE
51 THE AGE STATED IN THE PLACEMENT ORDER;
52 (H) TO PROVIDE JUVENILE DELINQUENTS IN RESIDENTIAL PLACEMENTS WITH
53 REASONABLE AND APPROPRIATE VISITATION BY FAMILY MEMBERS AND CONSULTATION
54 WITH THEIR LEGAL REPRESENTATIVE IN ACCORDANCE WITH THE REGULATIONS OF
55 THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
S. 6257 42 A. 9057
1 (I) TO PROVIDE RESIDENTIAL CARE IN PROGRAMS SUBJECT TO THE REGULATIONS
2 OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, FOR INFANTS BORN TO OR
3 BEING NURSED BY FEMALE JUVENILE DELINQUENTS PLACED WITH THE DISTRICT;
4 RESIDENTIAL CARE FOR SUCH AN INFANT MAY BE PROVIDED FOR SUCH PERIOD OF
5 TIME AS IS DEEMED DESIRABLE FOR THE WELFARE OF THE MOTHER OR INFANT.
6 14. THE FOLLOWING PERSONS SHALL BE AUTHORIZED TO VISIT, AT THEIR PLEA-
7 SURE, ALL PROGRAMS OPERATED BY A SOCIAL SERVICES DISTRICT PURSUANT TO,
8 OR IN ACCORDANCE WITH THIS SECTION: THE GOVERNOR; LIEUTENANT GOVERNOR;
9 COMPTROLLER; ATTORNEY GENERAL; MEMBERS OF THE LEGISLATURE; JUDGES OF THE
10 COURT OF APPEALS; JUDGES FROM SUPREME COURT, FAMILY COURT AND COUNTY
11 COURTS AND DISTRICT ATTORNEYS, COUNTY ATTORNEYS AND ATTORNEYS EMPLOYED
12 IN THE OFFICE OF THE CORPORATION COUNSEL HAVING JURISDICTION WITHIN THE
13 APPLICABLE SOCIAL SERVICES DISTRICT OR COUNTY WHERE A PROGRAM IS
14 LOCATED; AND ANY PERSON OR AGENCY OTHERWISE AUTHORIZED BY STATUTE.
15 15. A JUVENILE DELINQUENT IN THE CARE OF THE SOCIAL SERVICES DISTRICT
16 WHO ATTENDS PUBLIC SCHOOL WHILE IN RESIDENCE AT A FACILITY SHALL BE
17 DEEMED A RESIDENT OF THE SCHOOL DISTRICT WHERE THE YOUTH'S PARENT OR
18 GUARDIAN RESIDES AT THE COMMENCEMENT OF EACH SCHOOL YEAR FOR THE PURPOSE
19 OF DETERMINING WHICH SCHOOL DISTRICT SHALL BE RESPONSIBLE FOR THE
20 YOUTH'S TUITION.
21 16. THE SOCIAL SERVICES DISTRICT SHALL BE PERMITTED TO INTERVENE
22 PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION ONE THOUSAND
23 TWELVE OF THE CIVIL PRACTICE LAW AND RULES IN ANY ACTION INVOLVING AN
24 APPEAL FROM A DECISION OF ANY COURT OF THIS STATE THAT RELATES TO
25 PROGRAMS, CONDITIONS OR SERVICES PROVIDED BY SUCH DISTRICT OR ANY
26 AUTHORIZED AGENCY WITH WHICH THE DISTRICT HAS PLACED A JUVENILE DELIN-
27 QUENT PURSUANT TO THIS SECTION. WRITTEN NOTICE SHALL BE GIVEN TO THE
28 CORPORATION COUNSEL OF THE CITY OF NEW YORK OR COUNTY ATTORNEY BY THE
29 PARTY TAKING THE APPEAL.
30 17. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE SOCIAL
31 SERVICES DISTRICT MAY DELAY ACCEPTANCE OF A JUVENILE DELINQUENT IN
32 DETENTION WHO IS PLACED IN THE DISTRICT'S CUSTODY IN ACCORDANCE WITH THE
33 REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
34 18. NO ORDER THAT PLACES A JUVENILE DELINQUENT IN THE CUSTODY OF THE
35 SOCIAL SERVICES DISTRICT THAT RECITES THE FACTS UPON WHICH IT IS BASED
36 SHALL BE DEEMED OR HELD TO BE INVALID BY REASON OF ANY IMPERFECTION OR
37 DEFECT IN FORM.
38 S 2. Section 351.1 of the family court act is amended by adding a new
39 subdivision 2-a to read as follows:
40 2-A. (A) IN A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
41 JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR
42 HUNDRED FOUR OF THE SOCIAL SERVICES LAW, THE LOCAL PROBATION DEPARTMENT
43 SHALL DEVELOP AND SUBMIT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES
44 FOR PRIOR APPROVAL A VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU-
45 MENT AND ANY RISK ASSESSMENT PROCESS. SUCH DEPARTMENT SHALL PERIOD-
46 ICALLY REVALIDATE ANY APPROVED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU-
47 MENT. THE DEPARTMENT SHALL CONSPICUOUSLY POST ANY APPROVED
48 PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND PROCESS ON ITS WEBSITE
49 AND SHALL CONFER WITH APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMIT-
50 ED TO, ATTORNEYS FOR CHILDREN, PRESENTMENT AGENCIES AND THE FAMILY
51 COURT, PRIOR TO REVISING ANY VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT
52 INSTRUMENT OR PROCESS. ANY REVISED PRE-DISPOSITIONAL RISK ASSESSMENT
53 INSTRUMENT SHALL BE SUBJECT TO PERIODIC EMPIRICAL VALIDATION AND TO THE
54 APPROVAL OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE DEPARTMENT
55 SHALL PROVIDE TRAINING ON THE APPROVED INSTRUMENT AND ANY APPROVED PROC-
S. 6257 43 A. 9057
1 ESS TO THE APPLICABLE FAMILY COURTS, PRESENTMENT AGENCY, AND COURT
2 APPOINTED ATTORNEYS FOR RESPONDENTS.
3 (B) ONCE AN INITIAL VALIDATED RISK ASSESSMENT INSTRUMENT AND ANY RISK
4 ASSESSMENT PROCESS HAVE BEEN APPROVED BY THE OFFICE OF CHILDREN AND
5 FAMILY SERVICES IN CONSULTATION WITH THE DIVISION OF CRIMINAL JUSTICE
6 SERVICES, THE LOCAL PROBATION DEPARTMENT SHALL PROVIDE THE APPLICABLE
7 SUPERVISING FAMILY COURT JUDGE WITH A COPY OF THE VALIDATED RISK ASSESS-
8 MENT INSTRUMENT AND ANY SUCH PROCESS ALONG WITH THE LETTER FROM THE
9 OFFICE OF CHILDREN AND FAMILY SERVICES APPROVING THE INSTRUMENT AND
10 PROCESS, IF APPLICABLE, AND INDICATING THE DATE THE INSTRUMENT AND ANY
11 SUCH PROCESS SHALL BE EFFECTIVE, PROVIDED THAT SUCH EFFECTIVE DATE SHALL
12 BE AT LEAST THIRTY DAYS AFTER SUCH NOTIFICATION.
13 (C) COMMENCING ON THE EFFECTIVE DATE OF A VALIDATED PRE-DISPOSITIONAL
14 RISK ASSESSMENT INSTRUMENT AND ANY APPROVED PROCESS AND THEREAFTER, EACH
15 PROBATION INVESTIGATION ORDERED UNDER SUBDIVISION TWO OF THIS SECTION
16 SHALL INCLUDE THE RESULTS OF THE VALIDATED RISK ASSESSMENT OF THE
17 RESPONDENT AND PROCESS, IF ANY; AND A RESPONDENT SHALL NOT BE PLACED IN
18 ACCORDANCE WITH SECTION 353.3 OR 353.5 OF THIS PART UNLESS THE COURT HAS
19 RECEIVED AND GIVEN DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED
20 RISK ASSESSMENT AND ANY APPROVED PROCESS AND MADE THE FINDINGS REQUIRED
21 PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF SECTION 352.2 OF THIS
22 PART.
23 (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, DATA
24 NECESSARY FOR COMPLETION OF A PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU-
25 MENT MAY BE SHARED BETWEEN LAW ENFORCEMENT, PROBATION, COURTS, DETENTION
26 ADMINISTRATIONS, DETENTION PROVIDERS, PRESENTMENT AGENCIES, AND THE
27 ATTORNEY FOR THE CHILD UPON RETENTION OR APPOINTMENT SOLELY FOR THE
28 PURPOSE OF ACCURATE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT. A
29 COPY OF THE COMPLETED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL
30 BE MADE AVAILABLE TO THE APPLICABLE COURT.
31 (E) THE LOCAL PROBATION DEPARTMENT SHALL PROVIDE THE DIVISION OF CRIM-
32 INAL JUSTICE SERVICES WITH INFORMATION REGARDING THE USE OF THE PRE-DIS-
33 POSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESSMENT PROCESS IN
34 THE TIME AND MANNER REQUIRED BY THE DIVISION OF CRIMINAL JUSTICE
35 SERVICES. THE DIVISION MAY REQUIRE THAT SUCH DATA BE SUBMITTED TO THE
36 DIVISION ELECTRONICALLY. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
37 SHARE SUCH INFORMATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES.
38 S 3. Subdivision 2 of section 352.2 of the family court act is amended
39 by adding a new paragraph (f) to read as follows:
40 (F)(1) IN A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
41 JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR
42 HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE SUPERVISING FAMILY
43 COURT JUDGE RECEIVES NOTICE THAT A RISK ASSESSMENT INSTRUMENT AND ANY
44 RISK ASSESSMENT PROCESS HAVE BEEN APPROVED BY THE OFFICE OF CHILDREN AND
45 FAMILY SERVICES PURSUANT TO SUBDIVISION TWO-A OF SECTION 351.1 OF THIS
46 PART, THE COURT SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF THE VALI-
47 DATED RISK ASSESSMENT AND ANY SUCH PROCESS PROVIDED TO THE COURT PURSU-
48 ANT TO SUCH SUBDIVISION WHEN DETERMINING THE APPROPRIATE DISPOSITION FOR
49 THE RESPONDENT.
50 (2) ANY ORDER OF THE COURT DIRECTING THE PLACEMENT OF A RESPONDENT
51 INTO A RESIDENTIAL PROGRAM SHALL STATE:
52 (I) THE LEVEL OF RISK THE YOUTH WAS ASSESSED AT PURSUANT TO THE VALI-
53 DATED RISK ASSESSMENT INSTRUMENT; AND
54 (II) IF A DETERMINATION IS MADE TO PLACE A YOUTH IN A HIGHER LEVEL OF
55 PLACEMENT THAN APPEARS WARRANTED BASED ON SUCH RISK ASSESSMENT INSTRU-
56 MENT AND ANY APPROVED RISK ASSESSMENT PROCESS, THE PARTICULAR REASONS
S. 6257 44 A. 9057
1 WHY SUCH PLACEMENT WAS DETERMINED TO BE NECESSARY FOR THE PROTECTION OF
2 THE COMMUNITY AND TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF
3 THE RESPONDENT; AND
4 (III) THAT A LESS RESTRICTIVE ALTERNATIVE THAT WOULD BE CONSISTENT
5 WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
6 PROTECTION OF THE COMMUNITY IS NOT AVAILABLE.
7 S 4. Section 353.3 of the family court act is amended by adding a new
8 subdivision 2-a to read as follows:
9 2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
10 RY, IN A DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
11 TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL
12 SERVICES LAW:
13 (A) BEGINNING ON THE EFFECTIVE DATE OF THE DISTRICT'S APPROVED PLAN
14 THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE
15 COURT MAY ONLY PLACE THE RESPONDENT:
16 (I) IN THE CUSTODY OF THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
17 DISTRICT FOR PLACEMENT IN A NON-SECURE LEVEL OF CARE; OR
18 (II) IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
19 FAMILY SERVICES FOR PLACEMENT IN A LIMITED SECURE OR SECURE LEVEL OF
20 CARE; AND
21 (B) BEGINNING ON THE EFFECTIVE DATE OF THE DISTRICT'S APPROVED PLAN TO
22 IMPLEMENT PROGRAMS FOR YOUTH PLACED IN LIMITED SECURE SETTINGS, THE
23 COURT MAY ONLY PLACE THE RESPONDENT:
24 (I) IN THE CUSTODY OF THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES
25 DISTRICT FOR PLACEMENT IN:
26 (A) A NON-SECURE LEVEL OF CARE;
27 (B) A LIMITED SECURE LEVEL OF CARE; OR
28 (C) EITHER A NON-SECURE OR LIMITED SECURE LEVEL OF CARE, AS DETERMINED
29 BY SUCH COMMISSIONER; OR
30 (II) IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
31 FAMILY SERVICES FOR PLACEMENT IN A SECURE LEVEL OF CARE.
32 S 5. Subdivision 9 of section 353.3 of the family court act, as
33 amended by section 6 of part G of chapter 58 of the laws of 2010, is
34 amended to read as follows:
35 9. If the court places a respondent with the office of children and
36 family services, OR IN A LIMITED SECURE LEVEL OF CARE IN A SOCIAL
37 SERVICES DISTRICT WITH AN APPROVED PLAN TO IMPLEMENT A JUVENILE JUSTICE
38 SERVICES CLOSE TO HOME INITIATIVE UNDER SECTION FOUR HUNDRED FOUR OF THE
39 SOCIAL SERVICES LAW, pursuant to this section after finding that such
40 [child] RESPONDENT committed a felony, the court may, in its discretion,
41 further order that such respondent shall be confined in a residential
42 facility for a minimum period set by the order, not to exceed six
43 months.
44 S 6. Subdivisions 4 and 5 of section 353.5 of the family court act, as
45 added by chapter 920 of the laws of 1982, subparagraph (i) of paragraph
46 (a) of subdivision 4 and subparagraph (i) of paragraph (a) of subdivi-
47 sion 5 as amended by chapter 419 of the laws of 1987, subparagraph (iv)
48 of paragraph (a) of subdivision 4 and subparagraph (iv) of paragraph (a)
49 of subdivision 5 as amended by chapter 687 of the laws of 1993, para-
50 graphs (b) and (d) of subdivision 4 and paragraph (d) of subdivision 5
51 as amended by chapter 398 of the laws of 1983, are amended to read as
52 follows:
53 4. When the order is for a restrictive placement in the case of a
54 youth found to have committed a designated class A felony act,
55 (a) the order shall provide that:
S. 6257 45 A. 9057
1 (i) the respondent shall be placed with the [division for youth]
2 OFFICE OF CHILDREN AND FAMILY SERVICES for an initial period of five
3 years. If the respondent has been in detention pending disposition, the
4 initial period of placement ordered under this section shall be credited
5 with and diminished by the amount of time spent by the respondent in
6 detention prior to the commencement of the placement unless the court
7 finds that all or part of such credit would not serve the needs and best
8 interests of the respondent or the need for protection of the community.
9 (ii) the respondent shall initially be confined in a secure facility
10 for a period set by the order, to be not less than twelve nor more than
11 eighteen months provided, however, where the order of the court is made
12 in compliance with subdivision five OF THIS SECTION, the respondent
13 shall initially be confined in a secure facility for eighteen months.
14 (iii) after the period set under [clause] SUBPARAGRAPH (ii) OF THIS
15 PARAGRAPH, the respondent shall be placed in a residential facility for
16 a period of twelve months; PROVIDED, HOWEVER, THAT IF THE RESPONDENT HAS
17 BEEN PLACED FROM A FAMILY COURT IN A SOCIAL SERVICES DISTRICT OPERATING
18 AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT
19 TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE TIME
20 FRAMES IN SUBPARAGRAPH (II) OF THIS PARAGRAPH ARE MET:
21 (A) BEGINNING ON THE EFFECTIVE DATE OF SUCH A SOCIAL SERVICES
22 DISTRICT'S PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SE-
23 CURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES CONCLUDES,
24 BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
25 PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF CARE IS APPRO-
26 PRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETITION PURSUANT TO
27 PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 355.1 OF THIS PART TO
28 HAVE THE RESPONDENT PLACED WITH THE APPLICABLE LOCAL COMMISSIONER OF
29 SOCIAL SERVICES; AND
30 (B) BEGINNING ON THE EFFECTIVE DATE OF SUCH A SOCIAL SERVICES
31 DISTRICT'S PLAN THAT COVERS JUVENILE DELINQUENTS PLACED IN LIMITED
32 SECURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES
33 CONCLUDES, BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
34 THE NEED FOR PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE OR LIMITED
35 SECURE LEVEL OF CARE IS APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE
36 SHALL FILE A PETITION PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION
37 TWO OF SECTION 355.1 OF THIS PART TO HAVE THE RESPONDENT PLACED WITH THE
38 APPLICABLE LOCAL COMMISSIONER OF SOCIAL SERVICES.
39 (C) IF THE RESPONDENT IS PLACED WITH THE LOCAL COMMISSIONER OF SOCIAL
40 SERVICES IN ACCORDANCE WITH CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH, THE
41 REMAINDER OF THE PROVISIONS OF THIS SECTION SHALL CONTINUE TO APPLY TO
42 THE RESPONDENT'S PLACEMENT.
43 (iv) the respondent may not be released from a secure facility or
44 transferred to a facility other than a secure facility during the period
45 provided in [clause] SUBPARAGRAPH (ii) of this paragraph, nor may the
46 respondent be released from a residential facility during the period
47 provided in [clause] SUBPARAGRAPH (iii) OF THIS PARAGRAPH. No home
48 visits shall be permitted during the period of secure confinement set by
49 the court order or one year, whichever is less, except for emergency
50 visits for medical treatment or severe illness or death in the family.
51 All home visits must be accompanied home visits: (A) while a youth is
52 confined in a secure facility, whether such confinement is pursuant to a
53 court order or otherwise; (B) while a youth is confined in a residential
54 facility other than a secure facility within six months after confine-
55 ment in a secure facility; and (C) while a youth is confined in a resi-
56 dential facility other than a secure facility in excess of six months
S. 6257 46 A. 9057
1 after confinement in a secure facility unless two accompanied home
2 visits have already occurred. An "accompanied home visit" shall mean a
3 home visit during which the youth shall be accompanied at all times
4 while outside the secure or residential facility by appropriate person-
5 nel of the [division for youth designated pursuant to regulations of the
6 director of the division] OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF
7 APPLICABLE, A LOCAL SOCIAL SERVICES DISTRICT WHICH OPERATES AN APPROVED
8 JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION
9 FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
10 (b) Notwithstanding any other provision of law, during the first
11 twelve months of the respondent's placement, no motion, hearing or order
12 may be made, held or granted pursuant to section 355.1; provided, howev-
13 er, that during such period a motion to vacate the order may be made
14 pursuant to [355.1] SUCH SECTION, but only upon grounds set forth in
15 section 440.10 of the criminal procedure law.
16 (c) During the placement or any extension thereof:
17 (i) after the expiration of the period provided in [clause] SUBPARA-
18 GRAPH (iii) of paragraph (a) OF THIS SUBDIVISION, the respondent shall
19 not be released from a residential facility without the written approval
20 of the [director of the division for youth or his designated deputy
21 director] OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A
22 SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES
23 CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
24 SOCIAL SERVICES LAW.
25 (ii) the respondent shall be subject to intensive supervision whenever
26 not in a secure or residential facility.
27 (iii) the respondent shall not be discharged from the custody of the
28 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF
29 APPLICABLE, A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
30 JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR
31 HUNDRED FOUR OF THE SOCIAL SERVICES LAW, unless a motion therefor under
32 section 355.1 is granted by the court, which motion shall not be made
33 prior to the expiration of three years of the placement.
34 (iv) unless otherwise specified in the order, the [division] OFFICE OF
35 CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A SOCIAL SERVICES
36 DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME
37 INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES
38 LAW shall report in writing to the court not less than once every six
39 months during the placement on the status, adjustment and progress of
40 the respondent.
41 (d) Upon the expiration of the initial period of placement, or any
42 extension thereof, the placement may be extended in accordance with
43 section 355.3 on a petition of any party or the [division for youth]
44 OFFICE OF CHILDREN AND FAMILY SERVICES, OR, IF APPLICABLE, A SOCIAL
45 SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
46 TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL
47 SERVICES LAW, after a dispositional hearing, for an additional period
48 not to exceed twelve months, but no initial placement or extension of
49 placement under this section may continue beyond the respondent's twen-
50 ty-first birthday.
51 (e) The court may also make an order pursuant to subdivision two of
52 section 353.4.
53 5. When the order is for a restrictive placement in the case of a
54 youth found to have committed a designated felony act, other than a
55 designated class A felony act,
56 (a) the order shall provide that:
S. 6257 47 A. 9057
1 (i) the respondent shall be placed with the [division for youth]
2 OFFICE OF CHILDREN AND FAMILY SERVICES for an initial period of three
3 years. If the respondent has been in detention pending disposition, the
4 initial period of placement ordered under this section shall be credited
5 with and diminished by the amount of time spent by the respondent in
6 detention prior to the commencement of the placement unless the court
7 finds that all or part of such credit would not serve the needs and best
8 interests of the respondent or the need for protection of the community.
9 (ii) the respondent shall initially be confined in a secure facility
10 for a period set by the order, to be not less than six nor more than
11 twelve months.
12 (iii) after the period set under [clause] SUBPARAGRAPH (ii) OF THIS
13 PARAGRAPH, the respondent shall be placed in a residential facility for
14 a period set by the order, to be not less than six nor more than twelve
15 months; PROVIDED, HOWEVER, THAT IF THE RESPONDENT HAS BEEN PLACED FROM A
16 FAMILY COURT IN A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVE-
17 NILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR
18 HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE TIME FRAMES IN SUBPAR-
19 AGRAPH (II) OF THIS PARAGRAPH ARE MET:
20 (A) BEGINNING ON THE EFFECTIVE DATE OF SUCH A SOCIAL SERVICES
21 DISTRICT'S PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SE-
22 CURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES CONCLUDES,
23 BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
24 PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF CARE IS APPRO-
25 PRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETITION PURSUANT TO
26 PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 355.1 OF THIS PART TO
27 HAVE THE RESPONDENT PLACED WITH THE APPLICABLE LOCAL COMMISSIONER OF
28 SOCIAL SERVICES; AND
29 (B) BEGINNING ON THE EFFECTIVE DATE OF SUCH A SOCIAL SERVICES
30 DISTRICT'S PLAN TO IMPLEMENT PROGRAMS FOR YOUTH PLACED IN LIMITED SECURE
31 SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES CONCLUDES, BASED
32 ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
33 PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE OR LIMITED SECURE LEVEL
34 OF CARE IS APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A
35 PETITION PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION
36 355.1 OF THIS PART TO HAVE THE RESPONDENT PLACED WITH THE APPLICABLE
37 LOCAL COMMISSIONER OF SOCIAL SERVICES.
38 (C) IF THE RESPONDENT IS PLACED WITH A LOCAL COMMISSIONER OF SOCIAL
39 SERVICES IN ACCORDANCE WITH CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH, THE
40 REMAINDER OF THE PROVISIONS OF THIS SECTION SHALL CONTINUE TO APPLY TO
41 THE RESPONDENT'S PLACEMENT.
42 (iv) the respondent may not be released from a secure facility or
43 transferred to a facility other than a secure facility during the period
44 provided by the court pursuant to [clause] SUBPARAGRAPH (ii) OF THIS
45 PARAGRAPH, nor may the respondent be released from a residential facili-
46 ty during the period provided by the court pursuant to [clause] SUBPARA-
47 GRAPH (iii) OF THIS PARAGRAPH. No home visits shall be permitted during
48 the period of secure confinement set by the court order or one year,
49 whichever is less, except for emergency visits for medical treatment or
50 severe illness or death in the family. All home visits must be accompa-
51 nied home visits: (A) while a youth is confined in a secure facility,
52 whether such confinement is pursuant to a court order or otherwise; (B)
53 while a youth is confined in a residential facility other than a secure
54 facility within six months after confinement in a secure facility; and
55 (C) while a youth is confined in a residential facility other than a
56 secure facility in excess of six months after confinement in a secure
S. 6257 48 A. 9057
1 facility unless two accompanied home visits have already occurred. An
2 "accompanied home visit" shall mean a home visit during which the youth
3 shall be accompanied at all times while outside the secure or residen-
4 tial facility by appropriate personnel of the [division for youth desig-
5 nated pursuant to regulations of the director of the division] OFFICE OF
6 CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A SOCIAL SERVICES
7 DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE CLOSE TO HOME INITIATIVE
8 PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
9 (b) Notwithstanding any other provision of law, during the first six
10 months of the respondent's placement, no motion, hearing or order may be
11 made, held or granted pursuant to section 355.1; provided, however, that
12 during such period a motion to vacate the order may be made pursuant to
13 such section, but only upon grounds set forth in section 440.10 of the
14 criminal procedure law.
15 (c) During the placement or any extension thereof:
16 (i) after the expiration of the period provided in [clause] SUBPARA-
17 GRAPH (iii) of paragraph (a) OF THIS SUBDIVISION, the respondent shall
18 not be released from a residential facility without the written approval
19 of the [director of the division for youth or his designated deputy
20 director] OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A
21 SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES
22 CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
23 SOCIAL SERVICES LAW.
24 (ii) the respondent shall be subject to intensive supervision whenever
25 not in a secure or residential facility.
26 (iii) the respondent shall not be discharged from the custody of the
27 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, OR, IF
28 APPLICABLE, A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE
29 JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR
30 HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
31 (iv) unless otherwise specified in the order, the [division] OFFICE OF
32 CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A SOCIAL SERVICES
33 DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME
34 INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES
35 LAW, shall report in writing to the court not less than once every six
36 months during the placement on the status, adjustment and progress of
37 the respondent.
38 (d) Upon the expiration of the initial period of placement or any
39 extension thereof, the placement may be extended in accordance with
40 section 355.3 upon petition of any party or the [division for youth]
41 OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A SOCIAL
42 SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE
43 TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL
44 SERVICES LAW, after a dispositional hearing, for an additional period
45 not to exceed twelve months, but no initial placement or extension of
46 placement under this section may continue beyond the respondent's twen-
47 ty-first birthday.
48 (e) The court may also make an order pursuant to subdivision two of
49 section 353.4.
50 S 7. Subdivision 8 of section 353.5 of the family court act, as added
51 by chapter 920 of the laws of 1982, is amended to read as follows:
52 8. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES OR,
53 IF APPLICABLE, THE SOCIAL SERVICES DISTRICT OPERATING AN APPROVED CLOSE
54 TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL
55 SERVICES LAW, shall retain the power to continue the confinement of the
S. 6257 49 A. 9057
1 youth in a secure or other residential facility, AS APPLICABLE, beyond
2 the periods specified by the court, within the term of the placement.
3 S 8. Subdivision 2 of section 355.1 of the family court act, as added
4 by chapter 920 of the laws of 1982, is amended to read as follows:
5 2. An order issued under section 353.3, may, upon a showing of a
6 substantial change of circumstances, be set aside, modified, vacated or
7 terminated upon motion of the commissioner of social services or the
8 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES with whom
9 the respondent has been placed.
10 (A)(I) FOR A SOCIAL SERVICES DISTRICT THAT ONLY HAS AN APPROVED PLAN
11 TO IMPLEMENT PROGRAMS FOR JUVENILE DELINQUENTS PLACED IN NON-SECURE
12 SETTINGS AS PART OF AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME
13 INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES
14 LAW, BEGINNING ON THE EFFECTIVE DATE OF THAT PLAN, IF THE DISTRICT
15 DETERMINES THAT A HIGHER LEVEL OF PLACEMENT IS APPROPRIATE AND CONSIST-
16 ENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY AND THE NEEDS AND BEST
17 INTERESTS OF THE RESPONDENT PLACED INTO ITS CARE, THE SOCIAL SERVICES
18 DISTRICT SHALL FILE A PETITION TO TRANSFER THE CUSTODY OF THE RESPONDENT
19 TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND SHALL PROVIDE A COPY
20 OF SUCH PETITION TO SUCH OFFICE. THE COURT SHALL RENDER A DECISION
21 WHETHER THE JUVENILE DELINQUENT SHOULD BE TRANSFERRED TO THE OFFICE
22 WITHIN SEVENTY-TWO HOURS, EXCLUDING WEEKENDS AND PUBLIC HOLIDAYS. THE
23 FAMILY COURT SHALL, AFTER ALLOWING THE OFFICE OF CHILDREN AND FAMILY
24 SERVICES AN OPPORTUNITY TO BE HEARD, GRANT SUCH A PETITION ONLY IF THE
25 COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE REASONS WHY A
26 LIMITED SECURE OR SECURE LEVEL OF PLACEMENT IS NECESSARY AND CONSISTENT
27 WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
28 PROTECTION OF THE COMMUNITY.
29 (II) FOR A SOCIAL SERVICES DISTRICT WITH AN APPROVED PLAN OR APPROVED
30 PLANS THAT COVER JUVENILE DELINQUENTS PLACED IN NON-SECURE AND IN LIMIT-
31 ED SECURE SETTINGS AS PART OF AN APPROVED JUVENILE JUSTICE SERVICES
32 CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
33 SOCIAL SERVICES LAW, BEGINNING ON THE EFFECTIVE DATE OF THE PLAN THAT
34 COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, IF THE
35 DISTRICT DETERMINES THAT A SECURE LEVEL OF PLACEMENT IS APPROPRIATE AND
36 CONSISTENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY AND THE NEEDS
37 AND BEST INTERESTS OF THE RESPONDENT PLACED INTO ITS CARE, THE SOCIAL
38 SERVICES DISTRICT SHALL FILE A PETITION TO TRANSFER THE CUSTODY OF THE
39 RESPONDENT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND SHALL
40 PROVIDE A COPY OF SUCH PETITION TO SUCH OFFICE. THE COURT SHALL RENDER A
41 DECISION WHETHER THE YOUTH SHOULD BE TRANSFERRED WITHIN SEVENTY-TWO
42 HOURS, EXCLUDING WEEKENDS AND PUBLIC HOLIDAYS. THE FAMILY COURT SHALL,
43 AFTER ALLOWING THE OFFICE OF CHILDREN AND FAMILY SERVICES AN OPPORTUNITY
44 TO BE HEARD, GRANT SUCH A PETITION ONLY IF THE COURT DETERMINES, AND
45 STATES IN ITS WRITTEN ORDER, THAT THE YOUTH NEEDS A SECURE LEVEL OF
46 PLACEMENT BECAUSE:
47 (A) THE RESPONDENT HAS BEEN SHOWN TO BE EXCEPTIONALLY DANGEROUS TO
48 HIMSELF OR HERSELF OR TO OTHER PERSONS. EXCEPTIONALLY DANGEROUS BEHAVIOR
49 MAY INCLUDE, BUT IS NOT LIMITED TO, ONE OR MORE SERIOUS INTENTIONAL
50 ASSAULTS, SEXUAL ASSAULTS OR SETTING FIRES; OR,
51 (B) THE RESPONDENT HAS DEMONSTRATED BY A PATTERN OF BEHAVIOR THAT HE
52 OR SHE NEEDS A MORE STRUCTURED SETTING AND THE SOCIAL SERVICES DISTRICT
53 HAS CONSIDERED THE APPROPRIATENESS AND AVAILABILITY OF A TRANSFER TO AN
54 ALTERNATIVE NON-SECURE OR LIMITED SECURE FACILITY. SUCH BEHAVIOR MAY
55 INCLUDE, BUT IS NOT LIMITED TO: DISRUPTIONS IN FACILITY PROGRAMS;
S. 6257 50 A. 9057
1 CONTINUOUSLY AND MALICIOUSLY DESTROYING PROPERTY; OR, REPEATEDLY COMMIT-
2 TING OR INCITING OTHER YOUTH TO COMMIT ASSAULTIVE OR DESTRUCTIVE ACTS.
3 (III) THE COURT MAY ORDER THAT THE RESPONDENT BE HOUSED IN A LOCAL
4 SECURE DETENTION FACILITY ON AN INTERIM BASIS PENDING ITS FINAL RULING
5 ON THE PETITION FILED PURSUANT TO THIS PARAGRAPH.
6 (B) THE FOLLOWING PROVISIONS SHALL APPLY IF THE OFFICE OF CHILDREN AND
7 FAMILY SERVICES FILES A PETITION WITH A FAMILY COURT IN A SOCIAL
8 SERVICES DISTRICT WITH AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO
9 HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL
10 SERVICES LAW TO TRANSFER, WITHIN THE FIRST NINETY DAYS THAT SUCH PLAN IS
11 EFFECTIVE, TO SUCH DISTRICT A RESPONDENT PLACED IN THE OFFICE'S CARE
12 PURSUANT TO EITHER SECTION 353.3 OR 353. 5 OF THIS PART:
13 (I) IF THE DISTRICT ONLY HAS AN APPROVED PLAN THAT COVERS JUVENILE
14 DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE FAMILY COURT SHALL GRANT
15 SUCH A PETITION, WITHOUT A HEARING, UNLESS THE ATTORNEY FOR THE RESPOND-
16 ENT OBJECTS TO THE TRANSFER ON THE BASIS THAT THE RESPONDENT NEEDS TO BE
17 PLACED IN A LIMITED SECURE OR SECURE SETTING OR THE FAMILY COURT DETER-
18 MINES THAT THERE IS INSUFFICIENT INFORMATION IN THE PETITION TO GRANT
19 THE TRANSFER WITHOUT A HEARING. THE FAMILY COURT SHALL GRANT THE PETI-
20 TION UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE
21 REASONS WHY A SECURE OR LIMITED SECURE PLACEMENT IS NECESSARY AND
22 CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE
23 NEED FOR PROTECTION OF THE COMMUNITY.
24 (II) IF THE DISTRICT HAS AN APPROVED PLAN OR APPROVED PLANS THAT COVER
25 JUVENILE DELINQUENTS PLACED IN NON-SECURE AND IN LIMITED SECURE
26 SETTINGS, FOR THE FIRST NINETY DAYS THAT THE PLAN THAT COVERS JUVENILE
27 DELINQUENTS IN LIMITED SECURE SETTINGS IS EFFECTIVE, THE FAMILY COURT
28 SHALL GRANT SUCH A PETITION, WITHOUT A HEARING, UNLESS THE ATTORNEY FOR
29 THE RESPONDENT OBJECTS TO THE TRANSFER ON THE BASIS THAT THE RESPONDENT
30 NEEDS TO BE PLACED IN A SECURE SETTING OR THE FAMILY COURT DETERMINES
31 THAT THERE IS INSUFFICIENT INFORMATION IN THE PETITION TO GRANT THE
32 TRANSFER WITHOUT A HEARING. THE FAMILY COURT SHALL GRANT THE PETITION
33 UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE
34 REASONS WHY A SECURE PLACEMENT IS NECESSARY AND CONSISTENT WITH THE
35 NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR PROTECTION
36 OF THE COMMUNITY.
37 (III) BEGINNING NINETY-ONE DAYS AFTER THE EFFECTIVE DATE A SOCIAL
38 SERVICES DISTRICT'S PLAN TO IMPLEMENT PROGRAMS FOR JUVENILE JUSTICE
39 SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR
40 OF THE SOCIAL SERVICES LAW, IF THE OFFICE OF CHILDREN AND FAMILY
41 SERVICES FILES A PETITION TO TRANSFER TO SUCH DISTRICT A RESPONDENT
42 PLACED IN THE OFFICE'S CARE PURSUANT TO EITHER SECTION 353.3 OR 353.5 OF
43 THIS PART FROM A FAMILY COURT IN SUCH A SOCIAL SERVICES DISTRICT, THE
44 OFFICE SHALL PROVIDE A COPY OF THE PETITION TO THE SOCIAL SERVICES
45 DISTRICT AND THE PRESENTMENT AGENCY.
46 (A) IF THE DISTRICT ONLY HAS AN APPROVED PLAN THAT COVERS JUVENILE
47 DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE FAMILY COURT SHALL, AFTER
48 ALLOWING THE SOCIAL SERVICES DISTRICT AND THE PRESENTMENT AGENCY AN
49 OPPORTUNITY TO BE HEARD, GRANT A PETITION FILED PURSUANT TO THIS SUBPAR-
50 AGRAPH UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE
51 REASONS WHY A SECURE OR LIMITED SECURE PLACEMENT IS NECESSARY AND
52 CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE
53 NEED FOR PROTECTION OF THE COMMUNITY.
54 (B) IF THE DISTRICT HAS AN APPROVED PLAN OR APPROVED PLANS THAT COVER
55 JUVENILE DELINQUENTS PLACED IN NON-SECURE AND LIMITED SECURE SETTINGS,
56 BEGINNING NINETY-ONE DAYS AFTER THE EFFECTIVE DATE OF THE PLAN THAT
S. 6257 51 A. 9057
1 COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, THE FAMI-
2 LY COURT, AFTER ALLOWING THE SOCIAL SERVICES DISTRICT AND THE PRESENT-
3 MENT AGENCY AN OPPORTUNITY TO BE HEARD, SHALL GRANT A PETITION FILED
4 PURSUANT TO THIS SUBPARAGRAPH, UNLESS THE COURT DETERMINES, AND STATES
5 IN ITS WRITTEN ORDER, THE REASONS WHY A SECURE PLACEMENT IS NECESSARY
6 AND CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
7 THE NEED FOR PROTECTION OF THE COMMUNITY.
8 S 9. Subdivision 1 of section 355.5 of the family court act, as added
9 by chapter 7 of the laws of 1999, is amended to read as follows:
10 1. For the purposes of this section the term "non-secure facility"
11 means a facility operated by an authorized agency in accordance with an
12 operating certificate issued pursuant to the social services law or a
13 facility[, not including a secure or limited secure facility,] with a
14 capacity of twenty-five beds or less operated by the office of children
15 and family services in accordance with section five hundred four of the
16 executive law. THE TERM SHALL NOT INCLUDE A LIMITED SECURE OR A SECURE
17 FACILITY OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A
18 LIMITED SECURE FACILITY WITHIN A SOCIAL SERVICES DISTRICT OPERATING AN
19 APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO
20 SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
21 S 10. Notwithstanding any other provision of law to the contrary, the
22 state shall be authorized to lease to the city of New York, for a dollar
23 a year, any real property utilized for the care, maintenance and super-
24 vision of adjudicated juvenile delinquents for use by a social services
25 district pursuant to an approved plan for a juvenile justice services
26 close to home initiative for the purpose of carrying out any powers,
27 functions or duties described in section four hundred four of the social
28 services law, or any other provision of this act. The city of New York
29 shall be responsible for the all costs associated with operating and
30 maintaining such real property other than any debt services costs for
31 such property that were in existence when the lease was executed. Appli-
32 cable state officials shall be authorized to make announced and unan-
33 nounced inspections of the property to determine whether it is being
34 maintained in an appropriate manner. The city of New York shall be
35 responsible for making any repairs to such leased property necessary to
36 maintain the property in at least as good as condition as it was when
37 the property was first leased to the city, allowing for normal wear and
38 tear, and shall return the property to the state, when the lease ends or
39 is terminated, in the same or better condition than the property was in
40 at the time the lease was first executed, aside from normal wear and
41 tear. The city of New York shall obtain prior approval from the state
42 for any major renovations to any such leased property. The leasing to
43 the social services district or the subleasing, design, construction,
44 reconstruction, improvement, rehabilitation, maintaining, furnishing,
45 repairing, equipping or use of any such facility by the social services
46 district for the care, maintenance and supervision of adjudicated juve-
47 nile delinquents shall not be subject to the provisions of any general,
48 special or local law, city charter, administrative code, ordinance or
49 resolution governing uniform land use review procedures, any other land
50 use planning review and approvals, historic preservation procedures,
51 architectural reviews, franchise approvals and other state or local
52 review and approval procedures governing the use of land and the
53 improvements thereon within the city.
54 S 11. This act shall take effect April 1, 2012 and shall expire on
55 March 31, 2018 when upon such date the provisions of this act shall be
56 deemed repealed; provided, however, that effective immediately, the
S. 6257 52 A. 9057
1 addition, amendment and/or repeal of any rule or regulation necessary
2 for the implementation of this act on its effective date are authorized
3 and directed to be made and completed on or before such effective date;
4 provided, however, upon the repeal of this act, a social services
5 district that has custody of a juvenile delinquent pursuant to an
6 approved juvenile justice services close to home initiative shall retain
7 custody of such juvenile delinquent until custody may be legally trans-
8 ferred in an orderly fashion to the office of children and family
9 services.
10 SUBPART B
11 Section 1. Section 398 of the social services law is amended by adding
12 a new subdivision 3-a to read as follows:
13 3-A. AS TO DELINQUENT CHILDREN:
14 (A)(1) CONDITIONALLY RELEASE ANY JUVENILE DELINQUENT PLACED WITH THE
15 DISTRICT TO AFTERCARE WHENEVER THE DISTRICT DETERMINES CONDITIONAL
16 RELEASE TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF SUCH JUVE-
17 NILE DELINQUENT, THAT SUITABLE CARE AND SUPERVISION CAN BE PROVIDED, AND
18 THAT THERE IS A REASONABLE PROBABILITY THAT SUCH JUVENILE DELINQUENT CAN
19 BE CONDITIONALLY RELEASED WITHOUT ENDANGERING PUBLIC SAFETY; PROVIDED,
20 HOWEVER, THAT SUCH CONDITIONAL RELEASE SHALL BE MADE IN ACCORDANCE WITH
21 THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND
22 PROVIDED FURTHER THAT NO JUVENILE DELINQUENT WHILE ABSENT FROM A FACILI-
23 TY OR PROGRAM WITHOUT THE CONSENT OF THE DIRECTOR OF SUCH FACILITY OR
24 PROGRAM SHALL BE CONDITIONALLY RELEASED BY THE DISTRICT SOLELY BY REASON
25 OF THE ABSENCE.
26 (2) IT SHALL BE A CONDITION OF SUCH RELEASE THAT A JUVENILE DELINQUENT
27 SO RELEASED SHALL CONTINUE TO BE THE RESPONSIBILITY OF THE SOCIAL
28 SERVICES DISTRICT FOR THE PERIOD PROVIDED IN THE ORDER OF PLACEMENT.
29 (3) THE SOCIAL SERVICES DISTRICT MAY PROVIDE CLOTHING, SERVICES AND
30 OTHER NECESSITIES FOR ANY CONDITIONALLY RELEASED JUVENILE DELINQUENT, AS
31 MAY BE REQUIRED, INCLUDING MEDICAL CARE AND SERVICES NOT PROVIDED TO
32 SUCH JUVENILE DELINQUENT AS MEDICAL ASSISTANCE FOR NEEDY PERSONS PURSU-
33 ANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER.
34 (4) THE SOCIAL SERVICES DISTRICT, PURSUANT TO THE REGULATIONS OF THE
35 OFFICE OF CHILDREN AND FAMILY SERVICES, MAY CAUSE A JUVENILE DELINQUENT
36 TO BE RETURNED TO A FACILITY OPERATED AND MAINTAINED BY THE DISTRICT, OR
37 AN AUTHORIZED AGENCY UNDER CONTRACT WITH THE DISTRICT, AT ANY TIME WITH-
38 IN THE PERIOD OF PLACEMENT, WHERE THERE IS A VIOLATION OF THE CONDITIONS
39 OF RELEASE OR A CHANGE OF CIRCUMSTANCES.
40 (5) JUVENILE DELINQUENTS CONDITIONALLY RELEASED BY A SOCIAL SERVICES
41 DISTRICT MAY BE PROVIDED FOR AS FOLLOWS:
42 (I) IF, IN THE OPINION OF THE SOCIAL SERVICES DISTRICT, THERE IS NO
43 SUITABLE PARENT, RELATIVE OR GUARDIAN TO WHOM A JUVENILE DELINQUENT CAN
44 BE CONDITIONALLY RELEASED, AND SUITABLE CARE CANNOT OTHERWISE BE
45 SECURED, THE DISTRICT MAY CONDITIONALLY RELEASE SUCH JUVENILE DELINQUENT
46 TO THE CARE OF ANY OTHER SUITABLE PERSON.
47 (II) IF A CONDITIONALLY RELEASED JUVENILE DELINQUENT IS SUBJECT TO
48 ARTICLE SIXTY-FIVE OF THE EDUCATION LAW OR ELECTS TO PARTICIPATE IN AN
49 EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL DIPLOMA, HE OR SHE SHALL BE
50 ENROLLED IN A SCHOOL OR EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL
51 DIPLOMA FOLLOWING RELEASE, OR, IF SUCH RELEASE OCCURS DURING THE SUMMER
52 RECESS, UPON THE COMMENCEMENT OF THE NEXT SCHOOL TERM. IF A CONDI-
53 TIONALLY RELEASED JUVENILE DELINQUENT IS NOT SUBJECT TO ARTICLE
54 SIXTY-FIVE OF THE EDUCATION LAW, AND DOES NOT ELECT TO PARTICIPATE IN AN
S. 6257 53 A. 9057
1 EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL DIPLOMA, STEPS SHALL BE
2 TAKEN, TO THE EXTENT POSSIBLE, TO FACILITATE HIS OR HER GAINFUL EMPLOY-
3 MENT OR ENROLLMENT IN A VOCATIONAL PROGRAM FOLLOWING RELEASE.
4 (B) WHEN A JUVENILE DELINQUENT PLACED WITH THE SOCIAL SERVICES
5 DISTRICT IS ABSENT FROM PLACEMENT WITHOUT CONSENT, SUCH ABSENCE SHALL
6 INTERRUPT THE CALCULATION OF TIME FOR HIS OR HER PLACEMENT. SUCH INTER-
7 RUPTION SHALL CONTINUE UNTIL SUCH JUVENILE DELINQUENT RETURNS TO THE
8 FACILITY OR AUTHORIZED AGENCY IN WHICH HE OR SHE WAS PLACED. PROVIDED,
9 HOWEVER, THAT ANY TIME SPENT BY A JUVENILE DELINQUENT IN CUSTODY FROM
10 THE DATE OF ABSENCE TO THE DATE PLACEMENT RESUMES SHALL BE CREDITED
11 AGAINST THE TIME OF SUCH PLACEMENT PROVIDED THAT SUCH CUSTODY:
12 (1) WAS DUE TO AN ARREST OR SURRENDER BASED UPON THE ABSENCE; OR
13 (2) AROSE FROM AN ARREST OR SURRENDER ON ANOTHER CHARGE WHICH DID NOT
14 CULMINATE IN A CONVICTION, ADJUDICATION OR ADJUSTMENT.
15 (C) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS SECTION, NO JUVENILE
16 DELINQUENT PLACED WITH A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED
17 JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION
18 FOUR HUNDRED FOUR OF THIS CHAPTER PURSUANT TO A RESTRICTIVE PLACEMENT
19 UNDER THE FAMILY COURT ACT SHALL BE RELEASED EXCEPT PURSUANT TO SECTION
20 353.5 OF THE FAMILY COURT ACT.
21 S 2. Section 351.1 of the family court act is amended by adding a new
22 subdivision 2-b to read as follows:
23 2-B. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP A VALI-
24 DATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESS-
25 MENT PROCESS FOR JUVENILE DELINQUENTS. THE DIVISION SHALL PERIODICALLY
26 REVALIDATE ANY APPROVED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT.
27 THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONSPICUOUSLY POST ANY
28 APPROVED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK
29 ASSESSMENT PROCESS ON ITS WEBSITE AND SHALL CONFER WITH APPROPRIATE
30 STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FOR CHILDREN,
31 PRESENTMENT AGENCIES, PROBATION AND THE FAMILY COURT, PRIOR TO REVISING
32 ANY VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT OR PROCESS.
33 ANY SUCH REVISED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL BE
34 SUBJECT TO PERIODIC EMPIRICAL VALIDATION. THE DIVISION OF CRIMINAL
35 JUSTICE SERVICES SHALL PROVIDE TRAINING ON THE INSTRUMENT AND ANY PROC-
36 ESS TO THE FAMILY COURTS, LOCAL PROBATION DEPARTMENTS, PRESENTMENT AGEN-
37 CIES AND COURT APPOINTED ATTORNEYS FOR RESPONDENTS. THE DIVISION MAY
38 DETERMINE THAT A PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY
39 PROCESS IN USE PURSUANT TO SUBDIVISION TWO-A OF SECTION 351.1 OF THIS
40 PART MAY CONTINUE TO BE USED PURSUANT TO SUCH SUBDIVISION INSTEAD OF
41 REQUIRING THE USE OF ANY INSTRUMENT OR PROCESS DEVELOPED PURSUANT TO
42 THIS SUBDIVISION.
43 (A) ONCE AN INITIAL VALIDATED RISK ASSESSMENT INSTRUMENT AND RISK
44 ASSESSMENT PROCESS HAVE BEEN DEVELOPED, THE DIVISION OF CRIMINAL JUSTICE
45 SERVICES SHALL PROVIDE THE SUPERVISING FAMILY COURT JUDGES AND LOCAL
46 PROBATION DEPARTMENTS WITH COPIES OF THE VALIDATED RISK ASSESSMENT
47 INSTRUMENT AND PROCESS AND NOTIFY THEM OF THE EFFECTIVE DATE OF THE
48 INSTRUMENT AND PROCESS, WHICH SHALL BE AT LEAST SIX MONTHS AFTER SUCH
49 NOTIFICATION.
50 (B) COMMENCING ON THE EFFECTIVE DATE OF A VALIDATED RISK ASSESSMENT
51 INSTRUMENT AND ANY RISK ASSESSMENT PROCESS AND THEREAFTER, EACH
52 PROBATION INVESTIGATION ORDERED UNDER SUBDIVISION TWO OF THIS SECTION
53 SHALL INCLUDE THE RESULTS OF THE VALIDATED RISK ASSESSMENT OF THE
54 RESPONDENT AND PROCESS, IF ANY; AND A RESPONDENT SHALL NOT BE PLACED IN
55 ACCORDANCE WITH SECTION 353.3 OR 353.5 OF THIS PART UNLESS THE COURT HAS
56 RECEIVED AND GIVEN DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED
S. 6257 54 A. 9057
1 RISK ASSESSMENT AND ANY PROCESS AND MADE THE FINDINGS REQUIRED PURSUANT
2 TO PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION 352.2 OF THIS PART.
3 (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, DATA
4 NECESSARY FOR COMPLETION OF A PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU-
5 MENT MAY BE SHARED BETWEEN LAW ENFORCEMENT, PROBATION, COURTS, DETENTION
6 ADMINISTRATIONS, DETENTION PROVIDERS, PRESENTMENT AGENCIES AND THE
7 ATTORNEY FOR THE CHILD UPON RETENTION OR APPOINTMENT SOLELY FOR THE
8 PURPOSE OF ACCURATE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT, AND A
9 COPY OF THE COMPLETED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL
10 BE MADE AVAILABLE TO THE APPLICABLE COURT.
11 (D) LOCAL PROBATION DEPARTMENTS SHALL PROVIDE THE DIVISION OF CRIMINAL
12 JUSTICE SERVICES WITH INFORMATION REGARDING USE OF THE PRE-DISPOSITIONAL
13 RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESSMENT PROCESS IN THE TIME
14 AND MANNER REQUIRED BY THE DIVISION. THE DIVISION MAY REQUIRE THAT SUCH
15 DATA BE SUBMITTED TO THE DIVISION ELECTRONICALLY. THE DIVISION SHALL
16 SHARE SUCH INFORMATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES.
17 S 3. Subdivision 2 of section 352.2 of the family court act is amended
18 by adding a new paragraph (g) to read as follows:
19 (G)(I) ONCE A VALIDATED RISK ASSESSMENT INSTRUMENT AND ANY RISK
20 ASSESSMENT PROCESS IS A REQUIRED PART OF EACH PROBATION INVESTIGATION
21 ORDERED UNDER SUBDIVISION TWO OF SECTION 351.1 OF THIS PART AND PROVIDED
22 TO THE COURT IN ACCORDANCE WITH SUBDIVISION TWO-B OF SUCH SECTION, THE
23 COURT SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED RISK
24 ASSESSMENT AND ANY SUCH PROCESS WHEN DETERMINING THE APPROPRIATE DISPO-
25 SITION FOR THE RESPONDENT.
26 (II) ANY ORDER OF THE COURT DIRECTING THE PLACEMENT OF A RESPONDENT
27 INTO A RESIDENTIAL PROGRAM SHALL STATE:
28 (A) THE LEVEL OF RISK THE YOUTH WAS ASSESSED PURSUANT TO THE VALIDATED
29 RISK ASSESSMENT INSTRUMENT; AND
30 (B) IF A DETERMINATION IS MADE TO PLACE A YOUTH IN A HIGHER LEVEL OF
31 PLACEMENT THAN APPEARS WARRANTED BASED ON SUCH RISK ASSESSMENT INSTRU-
32 MENT AND ANY RISK ASSESSMENT PROCESS, THE PARTICULAR REASONS WHY SUCH
33 PLACEMENT WAS DETERMINED TO BE NECESSARY FOR THE PROTECTION OF THE
34 COMMUNITY AND TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE
35 RESPONDENT; AND
36 (C) THAT A LESS RESTRICTIVE ALTERNATIVE THAT WOULD BE CONSISTENT WITH
37 THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR
38 PROTECTION OF THE COMMUNITY IS NOT AVAILABLE.
39 S 4. The opening paragraph of subdivision 2 of section 353.3 of the
40 family court act, as amended by section 6 of part G of chapter 58 of the
41 laws of 2010, is amended to read as follows:
42 Where the respondent is placed with the commissioner of the local
43 social services district[, the court may direct the commissioner to
44 place him or her with an authorized agency or class of authorized agen-
45 cies, including, if] AND the court finds that the respondent is a sexu-
46 ally exploited child as defined in subdivision one of section four
47 hundred forty-seven-a of the social services law[,] AND PLACES SUCH
48 RESPONDENT IN an available long-term safe house. Unless the disposi-
49 tional order provides otherwise, the court so directing shall include
50 one of the following alternatives to apply in the event that the commis-
51 sioner is unable to so place the respondent:
52 S 5. The opening paragraph of subdivision 3 of section 353.3 of the
53 family court act, as amended by section 6 of part G of chapter 58 of the
54 laws of 2010, is amended to read as follows:
55 Where the respondent is placed with the office of children and family
56 services, the court shall, unless [it directs the office to place him or
S. 6257 55 A. 9057
1 her with an authorized agency or class of authorized agencies, including
2 if] the court finds that the respondent is a sexually exploited child as
3 defined in subdivision one of section four hundred forty-seven-a of the
4 social services law[,] AND PLACES SUCH RESPONDENT IN an available long-
5 term safe house pursuant to subdivision four of this section, authorize
6 the office to do one of the following:
7 S 6. Subdivision 4 of section 353.3 of the family court act, as
8 amended by section 6 of part G of chapter 58 of the laws of 2010, is
9 amended to read as follows:
10 4. Where the respondent is placed with the office of children and
11 family services, AND IF THE COURT FINDS THAT THE RESPONDENT IS A SEXUAL-
12 LY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED
13 FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, the court may direct the
14 office to place the respondent [with an authorized agency or class of
15 authorized agencies, including, if the court finds that the respondent
16 is a sexually exploited child as defined in subdivision one of section
17 four hundred forty-seven-a of the social services law,] IN an available
18 long-term safe house, and in the event the office is unable to so place
19 the respondent [or, discontinues the placement with the authorized agen-
20 cy], the respondent shall be deemed to have been placed with the office
21 pursuant to paragraph (b) or (c) of subdivision three of this section.
22 [In such cases, the office shall notify the court, presentment agency,
23 respondent's attorney and parent or other person responsible for the
24 respondent's care, of the reason for discontinuing the placement with
25 the authorized agency and the level and location of the youth's place-
26 ment.]
27 S 7. Subdivisions 1 and 2 of section 355.4 of the family court act, as
28 added by chapter 479 of the laws of 1992, are amended to read as
29 follows:
30 1. At the conclusion of the dispositional hearing pursuant to this
31 article, where the respondent is to be placed with the [division for
32 youth] OFFICE OF CHILDREN AND FAMILY SERVICES OR A SOCIAL SERVICES
33 DISTRICT, the court shall inquire as to whether the parents or legal
34 guardian of the youth, if present, will consent for the [division]
35 OFFICE OR THE DISTRICT to provide routine medical, dental and mental
36 health services and treatment.
37 2. Notwithstanding subdivision one of this section, where the court
38 places a youth with the [division] OFFICE OF CHILDREN AND FAMILY
39 SERVICES OR A SOCIAL SERVICES DISTRICT pursuant to this article and no
40 medical consent has been obtained prior to an order of disposition, the
41 placement order shall be deemed to grant consent for the [division for
42 youth] OFFICE OR THE DISTRICT to provide for routine medical, dental and
43 mental health services and treatment to such youth so placed.
44 S 8. This act shall take effect April 1, 2012; provided, however, that
45 effective immediately, the addition, amendment and/or repeal of any rule
46 or regulation necessary for the implementation of this act on its effec-
47 tive date are authorized and directed to be made and completed on or
48 before such effective date.
49 S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
50 sion, section or part of this act shall be adjudged by any court of
51 competent jurisdiction to be invalid, such judgment shall not affect,
52 impair, or invalidate the remainder thereof, but shall be confined in
53 its operation to the clause, sentence, paragraph, subdivision, section
54 or part thereof directly involved in the controversy in which such judg-
55 ment shall have been rendered. It is hereby declared to be the intent of
S. 6257 56 A. 9057
1 the legislature that this act would have been enacted even if such
2 invalid provisions had not been included herein.
3 S 4. This act shall take effect immediately; provided, however, that
4 the applicable effective date of subparts A and B of this act shall be
5 as specifically set forth in the last section of such subparts.
6 PART H
7 Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of
8 chapter 57 of the laws of 2005 amending the labor law and other laws
9 implementing the state fiscal plan for the 2005-2006 state fiscal year,
10 relating to the New York state higher education capital matching grant
11 program for independent colleges, as amended by section 1 of part I of
12 chapter 60 of the laws of 2011, is amended to read as follows:
13 (a) The New York state higher education capital matching grant board
14 is hereby created to have and exercise the powers, duties and preroga-
15 tives provided by the provisions of this section and any other provision
16 of law. The board shall remain in existence during the period of the New
17 York state higher education capital matching grant program from the
18 effective date of this section through March 31, [2012] 2013, or the
19 date on which the last of the funds available for grants under this
20 section shall have been disbursed, whichever is earlier; provided,
21 however, that the termination of the existence of the board shall not
22 affect the power and authority of the dormitory authority to perform its
23 obligations with respect to any bonds, notes, or other indebtedness
24 issued or incurred pursuant to authority granted in this section.
25 S 2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter
26 57 of the laws of 2005 amending the labor law and other laws implement-
27 ing the state fiscal plan for the 2005-2006 state fiscal year, relating
28 to the New York state higher education matching grant program for inde-
29 pendent colleges, as amended by section 2 of part M of chapter 59 of the
30 laws of 2010, is amended to read as follows:
31 (h) If a college did not apply for a potential grant by March 31,
32 2009, funds associated with such potential grant shall be awarded, on a
33 competitive basis, to other colleges, according to the priorities set
34 forth below. Colleges shall be eligible to apply for unutilized grants.
35 In such cases, the following priorities shall apply: first, priority
36 shall be given to otherwise eligible colleges that either were, or would
37 have been, deemed ineligible for the program prior to March 31, 2009,
38 due to missed deadlines, insufficient matching funds, lack of accredi-
39 tation or other disqualifying reasons; and second, after the board has
40 acted upon all such first-priority applications for unused funds, if any
41 such funds remain, those funds shall be available for distribution to
42 eligible colleges that are located within the same Regents of the State
43 of New York region for which such funds were originally allocated. The
44 dormitory authority shall develop a request for proposals and applica-
45 tion process, in consultation with the board, for such grants and shall
46 develop criteria, subject to review by the board, for the awarding of
47 such grants. Such criteria shall incorporate the matching criteria
48 contained in paragraph (c) of this subdivision, and the application
49 criteria set forth in paragraph (e) of this subdivision. The dormitory
50 authority shall require all applications in response to the request for
51 proposals to be submitted by September 1, [2010] 2012, and the board
52 shall act on each application for such matching grants by November 1,
53 [2010] 2012.
S. 6257 57 A. 9057
1 S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
2 section 1 of part U of chapter 57 of the laws of 2005 amending the labor
3 law and other laws implementing the state fiscal plan for the 2005-2006
4 state fiscal year, relating to the New York state higher education
5 matching grant program for independent colleges, as amended by section 2
6 of part I of chapter 60 of the laws of 2011, is amended to read as
7 follows:
8 (A) Notwithstanding the provision of any general or special law to the
9 contrary, and subject to the provisions of chapter 59 of the laws of
10 2000 and to the making of annual appropriations therefor by the legisla-
11 ture, in order to assist the dormitory authority in providing such high-
12 er education capital matching grants, the director of the budget is
13 authorized in any state fiscal year commencing April 1, 2005 or any
14 state fiscal year thereafter for a period ending on March 31, [2012]
15 2014, to enter into one or more service contracts, none of which shall
16 exceed 30 years in duration, with the dormitory authority, upon such
17 terms as the director of the budget and the dormitory authority agree.
18 S 4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
19 57 of the laws of 2005 amending the labor law and other laws implement-
20 ing the state fiscal plan for the 2005-2006 state fiscal year, relating
21 to the New York state higher education matching grant program for inde-
22 pendent colleges, as amended by section 3 of part I of chapter 60 of the
23 laws of 2011, is amended to read as follows:
24 (b) Any eligible institution receiving a grant pursuant to this arti-
25 cle shall report to the dormitory authority no later than June 1, [2012]
26 2013, on the use of funding received and its programmatic and economic
27 impact. The dormitory authority shall submit a report no later than
28 November 1, [2012] 2013 to the board, the governor, the director of the
29 budget, the temporary president of the senate, and the speaker of the
30 assembly on the aggregate impact of the higher education capital match-
31 ing grant program. Such report shall provide information on the progress
32 and economic impact of such project.
33 S 5. This act shall take effect immediately and shall be deemed to
34 have been in full force and effect on and after April 1, 2012.
35 PART I
36 Section 1. Section 5704 of the education law is amended to read as
37 follows:
38 S 5704. Trustees shall make reports; university subject to visitation
39 of regents; SERVICES FOR STATE AGENCIES. 1. The trustees of said
40 university shall make all the reports and perform such other acts as may
41 be necessary to conform to the act of congress, entitled "An act donat-
42 ing public lands to the several states and territories which may provide
43 colleges for the benefit of agriculture and the mechanic arts," approved
44 July second, eighteen hundred sixty-two. The said university shall be
45 subject to visitation of the regents of the university.
46 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
47 SUBJECT TO THE REVIEW OF THE STATE COMPTROLLER, THE STATE MAY ENTER INTO
48 AN AGREEMENT WITH THE UNIVERSITY PRESCRIBING THE GENERAL TERMS AND
49 CONDITIONS FOR PROVIDING SERVICES OR TECHNICAL ASSISTANCE PURSUANT TO
50 ARTICLE ELEVEN OF THE STATE FINANCE LAW OR PROGRAM ACTIVITIES PURSUANT
51 TO ARTICLE ELEVEN-B OF THE STATE FINANCE LAW. SUBJECT TO SUCH TERMS AND
52 CONDITIONS, STATE AGENCIES MAY ENTER INTO AGREEMENTS WITH SAID UNIVERSI-
53 TY FOR THE PROVISION OF SUCH SERVICES, ASSISTANCE OR ACTIVITIES RELATED
S. 6257 58 A. 9057
1 TO THE UNIVERSITY'S LAND GRANT MISSION, WHICH AGREEMENTS SHALL NOT BE
2 SUBJECT TO THE REQUIREMENTS OF THE STATE FINANCE LAW.
3 S 2. This act shall take effect immediately.
4 PART J
5 Section 1. Subdivision 4 of section 4410 of the education law, as
6 added by chapter 243 of the laws of 1989, paragraph a as amended by
7 chapter 705 of the laws of 1992, paragraph c as amended by chapter 474
8 of the laws of 1996 and paragraphs d and e as amended by chapter 520 of
9 the laws of 1993, is amended to read as follows:
10 4. Evaluations. a. The board shall identify each preschool child
11 suspected of having a [handicapping condition] DISABILITY who resides
12 within the district and, upon referral to the committee shall, with the
13 consent of the parent, provide for an evaluation related to the
14 suspected disability of the child. The board shall make such identifica-
15 tion in accordance with regulations of the commissioner.
16 b. Each board shall, within time limits established by the commission-
17 er, be responsible for providing the parent of a preschool child
18 suspected of having a [handicapping condition] DISABILITY with a list of
19 approved evaluators in the geographic area. The parent may select the
20 evaluator from such list. PROVIDED HOWEVER THAT, FOR THE TWO THOUSAND
21 TWELVE -- TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER, A
22 LESS-THAN-ARM'S-LENGTH RELATIONSHIP SHALL NOT EXIST BETWEEN THE EVALU-
23 ATOR SELECTED BY THE PARENT FROM SUCH LIST AND THE PROVIDER RECOMMENDED
24 BY THE BOARD TO DELIVER SERVICES TO THE PRESCHOOL CHILD WITH A DISABILI-
25 TY, UNLESS APPROVAL OF THE COMMISSIONER IS OBTAINED OR FOR THE TWO THOU-
26 SAND TWELVE -- TWO THOUSAND THIRTEEN SCHOOL YEAR THE PRESCHOOL CHILD WAS
27 ENROLLED IN SUCH PROGRAM IN THE PRIOR YEAR. PROVIDED FURTHER THAT,
28 UNLESS AUTHORIZED BY THE COMMISSIONER UPON A FINDING THAT THE BOARD HAS
29 DEMONSTRATED THAT THE PROGRAM OFFERED BY THE PROVIDER IS THE ONLY APPRO-
30 PRIATE PROGRAM AVAILABLE TO PROVIDE THE PROGRAMS AND SERVICES RECOM-
31 MENDED IN THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM, THE EVALUATOR
32 SELECTED BY THE PARENT FROM SUCH LIST AND THE PROVIDER RECOMMENDED BY
33 THE BOARD TO DELIVER SERVICES TO SUCH PRESCHOOL CHILD WITH A DISABILITY
34 SHALL NOT BE THE SAME ENTITY. Each board shall provide for dissemination
35 of the list and other information to parents at appropriate sites
36 including but not limited to pre-kindergarten, day care, head start
37 programs and early childhood direction centers, pursuant to regulations
38 of the commissioner.
39 c. The documentation of the evaluation shall include all assessment
40 reports and a summary report of the findings of the evaluation on a form
41 prescribed by the commissioner including a detailed statement of the
42 preschool child's individual needs. The summary report shall not make
43 reference to any specific provider of special services or programs. In
44 addition, with the consent of the parents, approved evaluators THAT
45 CONDUCT AN EVALUATION PURSUANT TO THIS SUBDIVISION and committees shall
46 be provided with the most recent evaluation report for a child in tran-
47 sition from programs and services provided pursuant to title [two-a]
48 TWO-A of article twenty-five of the public health law. Nothing shall
49 prohibit an approved evaluator THAT CONDUCTS AN EVALUATION PURSUANT TO
50 THIS SUBDIVISION or the committee from reviewing other assessments or
51 evaluations to determine if such assessments or evaluations fulfill the
52 requirements of the regulations of the commissioner. Notwithstanding any
53 inconsistent provisions of this section, the committee, in its
54 discretion, may obtain an evaluation of the child from another approved
S. 6257 59 A. 9057
1 evaluator prior to making any recommendation that would place a child in
2 the approved program that conducted the initial evaluation of the child.
3 d. The approved evaluator shall, following completion of the evalu-
4 ation, transmit the documentation of the evaluation to all members of
5 the committee and to a person designated by the municipality in which
6 the preschool child resides. Each municipality shall notify the
7 [approved evaluators in the geographic area] COMMITTEE of the person so
8 designated. The summary report of the evaluation shall be transmitted in
9 English and when necessary, also in the dominant language or other mode
10 of communication of the parent; the documentation of the evaluation
11 shall be transmitted in English and, upon the request of the parent,
12 also in the dominant language or other mode of communication of the
13 parent, unless not clearly feasible to do so pursuant to regulations
14 promulgated by the commissioner. Costs of translating the summary report
15 and documentation of the evaluation shall be separately reimbursed. If,
16 based on the evaluation, the committee finds that a child has a [handi-
17 capping condition] DISABILITY, the committee shall use the documentation
18 of the evaluation to develop an individualized education program for the
19 preschool child. Nothing herein shall prohibit an approved evaluator
20 from at any time providing the parent with a copy of the documentation
21 of the evaluation provided to the committee.
22 e. Prior to the committee meeting at which eligibility will be deter-
23 mined, the committee shall provide the parent with a copy of the summary
24 report of the findings of the evaluation, and shall provide the parent
25 with written notice of the opportunity to address the committee in
26 person or in writing. Upon timely request of the parent, the committee
27 shall, prior to meeting, provide a copy of all written documentation to
28 be considered by the committee; provided, however, that such material
29 shall be provided to the parent at any time upon request.
30 f. If the parent disagrees with the evaluation, the parent may obtain
31 an additional evaluation at public expense to the extent authorized by
32 federal law or regulation.
33 S 2. Subparagraph (i) of paragraph b of subdivision 5 of section 4410
34 of the education law, as amended by chapter 474 of the laws of 1996, is
35 amended to read as follows:
36 (i) If the committee determines that the child has a disability, the
37 committee shall recommend approved appropriate services or special
38 programs and the frequency, duration and intensity of such services,
39 including but not limited to the appropriateness of single services or
40 half-day programs based on the individual needs of the preschool child.
41 The committee shall first consider the appropriateness of providing: (i)
42 related services only; (ii) special education itinerant services only;
43 (iii) related services in combination with special education itinerant
44 services; (iv) a half-day program, as defined in the regulations of the
45 commissioner; (v) a full day program; in meeting the child's needs. If
46 the committee determines that the child demonstrates the need for a
47 single related service, such service shall be provided as a related
48 service only or, where appropriate, as a special education itinerant
49 service. Prior to recommending the provision of special education
50 services in a setting which includes only preschool children with disa-
51 bilities, the committee shall first consider providing special education
52 services in a setting which includes age-appropriate peers without disa-
53 bilities. Provision of special education services in a setting with no
54 regular contact with such age-appropriate peers shall be considered only
55 when the nature or severity of the child's disability is such that
56 education in a less restrictive environment with the use of supplementa-
S. 6257 60 A. 9057
1 ry aids and services cannot be achieved satisfactorily. IN ADDITION,
2 PRIOR TO RECOMMENDING PLACEMENT OF A PRESCHOOL CHILD IN AN APPROVED
3 PROGRAM, THE COMMITTEE SHALL DETERMINE WHETHER SUCH PLACEMENT IS AS
4 CLOSE AS POSSIBLE TO THE CHILD'S HOME AND, IN MAKING SUCH DETERMINATION,
5 SHALL CONSIDER WHETHER ANOTHER APPROPRIATE APPROVED PROGRAM LOCATED
6 CLOSER TO THE CHILD'S HOME IS AVAILABLE. The committee's recommendation
7 shall include a statement of the reasons why less restrictive placements
8 were not recommended, INCLUDING, WHERE THE COMMITTEE RECOMMENDS PLACE-
9 MENT IN AN APPROVED PROGRAM THAT IS MORE DISTANT FROM THE CHILD'S HOME
10 THAN ANOTHER APPROVED PROGRAM OFFERING COMPARABLE SERVICES APPROPRIATE
11 TO THE NEEDS OF THE PRESCHOOL CHILD, AN EXPLANATION OF WHY THE MORE
12 DISTANT PROGRAM WAS RECOMMENDED. The committee may recommend placement
13 in a program that uses psychotropic drugs only if the program has a
14 written policy pertaining to such use and the parent is given a copy of
15 such written policy at the time such recommendation is made.
16 S 3. Paragraph b of subdivision 11 of section 4410 of the education
17 law, as amended by chapter 170 of the laws of 1994, subparagraph (ii) as
18 amended by section 54 of part C of chapter 57 of the laws of 2004,
19 subparagraph (iii) as amended by chapter 205 of the laws of 2009, clause
20 (b) of subparagraph (iii) as amended by section 63 of part A of chapter
21 58 of the laws of 2011, subparagraphs (iv) and (v) as added by chapter
22 474 of the laws of 1996 and subparagraph (vi) as added by section 1 of
23 part Q1 of chapter 109 of the laws of 2006, is amended to read as
24 follows:
25 b. (i) Commencing with the reimbursement of municipalities for
26 services provided pursuant to this section on or after July first, nine-
27 teen hundred ninety-three, AND EXCEPT AS OTHERWISE PROVIDED IN THIS
28 SUBPARAGRAPH, the state shall reimburse fifty-nine and [one half]
29 ONE-HALF percent of the approved costs paid by a municipality for the
30 purposes of this section. Commencing with the reimbursement of munici-
31 palities [for services provided pursuant to this section on or after
32 July first, nineteen hundred ninety-four, the state shall reimburse
33 sixty-nine and one-half percent of the approved costs paid by a munici-
34 pality for the purposes of this section. The state shall reimburse fifty
35 percent of the approved costs paid by a municipality for the purposes of
36 this section for services provided prior to July first, nineteen hundred
37 ninety-three] OTHER THAN THE CITY OF NEW YORK FOR SERVICES PROVIDED
38 PURSUANT TO THIS SECTION ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE,
39 THE STATE SHALL REIMBURSE FIFTY-NINE AND ONE-HALF PERCENT OF THE
40 APPROVED COSTS PAID BY A MUNICIPALITY OTHER THAN THE CITY OF NEW YORK
41 FOR THE PURPOSES OF THIS SECTION, UP TO THE LOCAL SHARE CEILING AMOUNT
42 ESTABLISHED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH AND
43 SIXTY-SIX AND SIX TENTHS PERCENT OF SUCH APPROVED COSTS FOR SERVICES
44 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE IN EXCESS OF SUCH
45 LOCAL SHARE CEILING AMOUNT. Such state reimbursement to the munici-
46 pality shall BE NET OF ANY DEDUCTIONS PURSUANT TO SUBPARAGRAPH (IV) OF
47 THIS PARAGRAPH AND SHALL not be paid prior to April first of the school
48 year in which such approved costs are paid by the municipality.
49 (ii) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
50 COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
51 SHALL COMPUTE AND ESTABLISH A LOCAL SHARE CEILING AMOUNT FOR CLAIMS BY
52 MUNICIPALITIES OTHER THAN THE CITY OF NEW YORK OF THE APPROVED COSTS
53 SUBJECT TO STATE REIMBURSEMENT FOR SERVICES PROVIDED PURSUANT TO THIS
54 SECTION IN EACH SCHOOL YEAR STARTING WITH THE TWO THOUSAND TWELVE--TWO
55 THOUSAND THIRTEEN SCHOOL YEAR. FOR PURPOSES OF THIS PARAGRAPH, THE
56 "LOCAL SHARE CEILING AMOUNT" MEANS THE SUM OF THE SCHOOL DISTRICT SHARE
S. 6257 61 A. 9057
1 BASE FOR EACH SCHOOL DISTRICT OF RESIDENCE OF PRESCHOOL CHILDREN WHO
2 RESIDE WITHIN THE MUNICIPALITY, AND FOR A PRESCHOOL CHILD WHO IS HOME-
3 LESS OR A FOSTER CARE CHILD IN EACH SCHOOL DISTRICT OF LOCATION AS
4 DEFINED IN SECTION FORTY-FOUR HUNDRED TEN-A OF THIS ARTICLE. THE "SCHOOL
5 DISTRICT SHARE BASE" MEANS THE PRODUCT OF: (A) FORTY AND ONE-HALF
6 PERCENT AND (B) THE APPROVED COSTS INCURRED PURSUANT TO THIS SECTION IN
7 THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR ATTRIBUTABLE TO
8 SUCH SCHOOL DISTRICT OF RESIDENCE OR SCHOOL DISTRICT OF CURRENT
9 LOCATION, AS APPLICABLE. THIRTY-THREE AND ONE THIRD PERCENT OF APPROVED
10 COSTS ATTRIBUTABLE TO A SPECIFIC SCHOOL DISTRICT IN EXCESS OF THE SCHOOL
11 DISTRICT SHARE BASE SHALL BE A CHARGE UPON THE SCHOOL DISTRICT. THE
12 COMMISSIONER SHALL DEDUCT AN AMOUNT EQUAL TO SUCH UNPAID OBLIGATION FROM
13 ANY GENERAL AID FOR PUBLIC SCHOOLS PAYMENTS WHICH BECOME DUE TO SUCH
14 SCHOOL DISTRICT PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS
15 CHAPTER, EXCLUDING PAYMENTS PURSUANT TO CLAUSE (III) OF SUBPARAGRAPH
16 THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SUCH SECTION THIRTY-SIX
17 HUNDRED NINE-A. WHERE SUCH SCHOOL DISTRICT IS NOT ELIGIBLE FOR PAYMENTS
18 PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A, OR THE AMOUNT OF
19 SUCH UNPAID OBLIGATIONS EXCEEDS THE AMOUNT DUE TO SUCH SCHOOL DISTRICT
20 PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A IN THE CURRENT SCHOOL
21 YEAR, THE COMMISSIONER SHALL BILL AND RECOVER FROM SUCH SCHOOL DISTRICT
22 ANY EXCESS UNPAID OBLIGATION AND THE AMOUNT RECOVERED FROM SUCH SCHOOL
23 DISTRICT SHALL BE CREDITED TO THE APPROPRIATION FOR PURPOSES OF THIS
24 SECTION IN THE LOCAL ASSISTANCE ACCOUNT OF THE DEPARTMENT. PROVIDED
25 HOWEVER, THAT NO SUCH DEDUCTION OR RECOVERY SHALL BE MADE PRIOR TO JULY
26 FIRST, TWO THOUSAND THIRTEEN AND THE AMOUNT SO DEDUCTED FROM PAYMENTS
27 PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A SHALL BE TRANSFERRED
28 TO THE APPROPRIATION MADE FOR PURPOSES OF THIS SECTION FROM GENERAL
29 SUPPORT FROM PUBLIC SCHOOLS APPROPRIATION.
30 (III) In accordance with a schedule adopted by the commissioner, each
31 municipality which has been notified by a board of its obligation to
32 contract for the provision of approved special services or programs for
33 a preschool child shall be provided with a listing of all such children
34 by the commissioner. Such list shall include approved services and costs
35 as prescribed by the commissioner for each such child for whom the muni-
36 cipality shall certify, on such list, the amount expended for such
37 purposes and the date of expenditure. Upon the receipt of such certified
38 statement, the commissioner shall examine the same, and if such expendi-
39 tures were made as required by this section, the commissioner shall
40 approve it and transmit it to the comptroller for audit. The comptroller
41 shall thereupon issue his warrant, in the amount specified in such
42 approved statement for the payment thereof out of moneys appropriated
43 therefor, to the municipal treasurer or chief fiscal officer as the case
44 may be.
45 [(iii)] (IV) (a) Notwithstanding the provisions of this paragraph, any
46 monies due municipalities pursuant to this paragraph for services
47 provided during the two thousand eight--two thousand nine and prior
48 school years shall be reduced by an amount equal to the product of the
49 percentage of the approved costs reimbursed by the state pursuant to
50 subparagraph (i) of this paragraph and any federal participation, pursu-
51 ant to title XIX of the social security act, in special education
52 programs provided pursuant to this section. The commissioner shall
53 deduct such amount, as certified by the commissioner of health as the
54 authorized fiscal agent of the state education department. Such
55 deductions shall be made in accordance with a plan developed by the
56 commissioner and approved by the director of the budget. To the extent
S. 6257 62 A. 9057
1 that such deductions exceed moneys owed to the municipality pursuant to
2 this paragraph, such excess shall be deducted from any other payments
3 due the municipality.
4 (b) Any moneys due municipalities pursuant to this paragraph for
5 services provided during the two thousand nine--two thousand ten school
6 year and thereafter, or for services provided in a prior school year
7 that were not reimbursed by the state on or before April first, two
8 thousand eleven, shall, in the first instance, be designated as the
9 state share of moneys due a municipality pursuant to title XIX of the
10 social security act, on account of school supportive health services
11 provided to preschool students with disabilities pursuant to this
12 section. Such state share shall be assigned on behalf of municipalities
13 to the department of health, as provided herein; the amount designated
14 as such nonfederal share shall be transferred by the commissioner to the
15 department of health based on the monthly report of the commissioner of
16 health to the commissioner; and any remaining moneys to be apportioned
17 to a municipality pursuant to this section shall be paid in accordance
18 with this section. The amount to be assigned to the department of
19 health, as determined by the commissioner of health, for any munici-
20 pality shall not exceed the federal share of any moneys due such munici-
21 pality pursuant to title XIX of the social security act. Moneys desig-
22 nated as state share moneys shall be paid to such municipality by the
23 department of health based on the submission and approval of claims
24 related to such school supportive health services, in the manner
25 provided by law.
26 [(iv)] (V) Notwithstanding any other provision of law to the contrary,
27 no payments shall be made by the commissioner pursuant to this section
28 on or after July first, nineteen hundred ninety-six based on a claim for
29 services provided during school years nineteen hundred eighty-nine--ni-
30 nety, nineteen hundred ninety--ninety-one, nineteen hundred ninety-one-
31 ninety-two, nineteen hundred ninety-two--ninety-three, nineteen hundred
32 ninety-three--ninety-four, and nineteen hundred ninety-four--ninety-five
33 which is submitted later than two years after the end of the nineteen
34 hundred ninety-five--ninety-six school year; provided, however, that no
35 payment shall be barred or reduced where such payment is required as a
36 result of a court order or judgment or a final audit, and provided
37 further that the commissioner may grant a waiver to a municipality
38 excusing the late filing of such a claim upon a finding that the delay
39 was caused by a party other than the municipality or a board to which
40 the municipality delegated authority pursuant to paragraph f of subdivi-
41 sion five or subdivision eight of this section.
42 [(v)] (VI) Notwithstanding any other provision of law to the contrary,
43 no payments shall be made by the commissioner pursuant to this section
44 on or after July first, nineteen hundred ninety-six based on a claim for
45 services provided in the nineteen hundred ninety-five--ninety-six school
46 year or thereafter which is submitted later than three years after the
47 end of the school year in which services were rendered, provided, howev-
48 er, that no payment shall be barred or reduced where such payment is
49 required as a result of a court order or judgment or a final audit, and
50 provided further that the commissioner may grant a waiver to a munici-
51 pality excusing the late filing of such a claim upon a finding that the
52 delay was caused by a party other than the municipality or a board to
53 which the municipality delegates authority pursuant to paragraph f of
54 subdivision five or subdivision eight of this section.
55 [(vi)] (VII) Notwithstanding any other provision of law to the contra-
56 ry, beginning with state reimbursement otherwise payable in the two
S. 6257 63 A. 9057
1 thousand six--two thousand seven state fiscal year and in each year
2 thereafter, payments pursuant to this section, subject to county agree-
3 ment and in the amounts specified in such agreement, shall be paid no
4 later than June thirtieth of the state fiscal year next following the
5 state fiscal year in which such reimbursement was otherwise eligible for
6 payment and in which the liability to the county for such state
7 reimbursement accrued, provided that such payments in a subsequent state
8 fiscal year shall be recognized by the state and the applicable county
9 as satisfying the state reimbursement obligation for the prior state
10 fiscal year. Any unspent amount associated with such county agreements
11 shall not be available for payments to other counties or municipalities.
12 S 4. This act shall take effect July 1, 2012.
13 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
14 sion, section or part of this act shall be adjudged by any court of
15 competent jurisdiction to be invalid, such judgment shall not affect,
16 impair, or invalidate the remainder thereof, but shall be confined in
17 its operation to the clause, sentence, paragraph, subdivision, section
18 or part thereof directly involved in the controversy in which such judg-
19 ment shall have been rendered. It is hereby declared to be the intent of
20 the legislature that this act would have been enacted even if such
21 invalid provisions had not been included herein.
22 S 3. This act shall take effect immediately provided, however, that
23 the applicable effective date of Parts A through J of this act shall be
24 as specifically set forth in the last section of such Parts.
