S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6257--A A. 9057--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12672-02-2 S. 6257--A 2 A. 9057--A 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 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); to amend the education law, in relation to special education programs for preschool children with a disability (Part J); to amend the education law, in relation to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services (Part K); to repeal section 527-l of the executive law, relating to annual reports of the youth center facility program (Part L); and to amend the executive law, in relation to the creation of a validated risk assessment instrument (Part M) 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 M. 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 S. 6257--A 3 A. 9057--A 1 "of this act", when used in connection with that particular component, 2 shall be deemed to mean and refer to the corresponding section of the 3 Part in which it is found. Section three of this act sets forth the 4 general effective date of this act. 5 PART A 6 Section 1. Notwithstanding any inconsistent provision of law, no 7 school district shall be eligible for an apportionment of general 8 support for public schools from the funds appropriated for the 2012-13 9 school year and thereafter in excess of the amount apportioned to such 10 district for the same time period during the base year unless such 11 school district has submitted documentation that has been approved by 12 the commissioner of education by January 17, 2013 demonstrating that it 13 has fully implemented new standards and procedures for conducting annual 14 professional performance reviews of classroom teachers and building 15 principals to determine teacher and principal effectiveness; provided 16 however that if any such payments in excess of the amount apportioned to 17 such district for the same time period during the base year were made, 18 and the school district has not submitted documentation that it has 19 fully implemented new standards and procedures as set forth above by 20 January 17, 2013, the total amount of such payments shall be deducted by 21 the commissioner from future payments to the school district; and 22 provided further that, for the 2012-13 school year if such deduction is 23 greater than the sum of the amounts available for such deductions, the 24 remainder of the deduction shall be withheld from payments scheduled to 25 be made to the school district pursuant to section 3609-a of the educa- 26 tion law for the 2013-14 school year. 27 S 2. Paragraph e of subdivision 1 of section 211-d of the education 28 law, as amended by section 1 of part A of chapter 58 of the laws of 29 2011, is amended to read as follows: 30 e. Notwithstanding paragraphs a and b of this subdivision, a school 31 district that submitted a contract for excellence for the two thousand 32 eight--two thousand nine school year shall submit a contract for excel- 33 lence for the two thousand nine--two thousand ten school year in 34 conformity with the requirements of subparagraph (vi) of paragraph a of 35 subdivision two of this section unless all schools in the district are 36 identified as in good standing and provided further that, a school 37 district that submitted a contract for excellence for the two thousand 38 nine--two thousand ten school year, unless all schools in the district 39 are identified as in good standing, shall submit a contract for excel- 40 lence for the two thousand eleven--two thousand twelve school year which 41 shall, notwithstanding the requirements of subparagraph (vi) of para- 42 graph a of subdivision two of this section, provide for the expenditure 43 of an amount which shall be not less than the product of the amount 44 approved by the commissioner in the contract for excellence for the two 45 thousand nine--two thousand ten school year, multiplied by the 46 district's gap elimination adjustment percentage AND PROVIDED FURTHER 47 THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE 48 TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, UNLESS ALL SCHOOLS 49 IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A 50 CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIR- 51 TEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF 52 SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, 53 PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN 54 THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE S. 6257--A 4 A. 9057--A 1 FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR. For 2 purposes of this paragraph, the "gap elimination adjustment percentage" 3 shall be calculated as the sum of one minus the quotient of the sum of 4 the school district's net gap elimination adjustment for two thousand 5 ten--two thousand eleven computed pursuant to chapter fifty-three of the 6 laws of two thousand ten, making appropriations for the support of 7 government, plus the school district's gap elimination adjustment for 8 two thousand eleven--two thousand twelve as computed pursuant to [a] 9 chapter FIFTY-THREE of the laws of two thousand eleven, making appropri- 10 ations for the support of the local assistance budget, including support 11 for general support for public schools, divided by the total aid for 12 adjustment computed pursuant to [a] chapter FIFTY-THREE of the laws of 13 two thousand eleven, making appropriations for the local assistance 14 budget, including support for general support for public schools. 15 Provided, further, that such amount shall be expended to support and 16 maintain allowable programs and activities approved in the two thousand 17 nine--two thousand ten school year or to support new or expanded allow- 18 able programs and activities in the current year. 19 S 3. Subdivision 1 of section 1104 of the education law, as amended by 20 chapter 53 of the laws of 1990, is amended to read as follows: 21 1. The commissioner [of education] in the annual apportionment of 22 public moneys shall apportion therefrom to each county maintaining 23 approved vocational education and extension work, a quota amounting to 24 one-half of the salary paid each teacher, director, assistant, and 25 supervisor, WHERE SUCH SALARY IS ATTRIBUTABLE TO A COURSE OF STUDY FIRST 26 SUBMITTED TO THE COMMISSIONER FOR APPROVAL PURSUANT TO SECTION ELEVEN 27 HUNDRED THREE OF THIS PART ON OR BEFORE JULY FIRST, TWO THOUSAND TEN, 28 but not to exceed THE AMOUNT COMPUTED BY THE COMMISSIONER BASED UPON AN 29 ASSUMED ANNUALIZED SALARY EQUAL TO ten thousand five hundred dollars PER 30 SCHOOL YEAR on account of the employment of such teacher, director, 31 assistant or supervisor. 32 S 4. Section 1104 of the education law is amended by adding a new 33 subdivision 3 to read as follows: 34 3. FOR THE APPORTIONMENT PAYABLE PURSUANT TO THIS SECTION FOR SCHOOL 35 YEARS COMMENCING PRIOR TO JULY FIRST, TWO THOUSAND NINE, THE COMMISSION- 36 ER SHALL CERTIFY NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION 37 BOARD BASED ON A CLAIM SUBMITTED LATER THAN THREE YEARS AFTER THE CLOSE 38 OF THE SCHOOL YEAR IN WHICH SUCH PAYMENT WAS FIRST TO BE MADE. FOR 39 CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND 40 NINE--TWO THOUSAND TEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER 41 SHALL CERTIFY NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION BOARD 42 BASED ON A CLAIM SUBMITTED LATER THAN ONE YEAR AFTER THE CLOSE OF SUCH 43 SCHOOL YEAR. PROVIDED, HOWEVER, NO PAYMENTS SHALL BE BARRED OR REDUCED 44 WHERE SUCH PAYMENT IS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE 45 STATE. 46 S 5. Paragraphs dd and ee of subdivision 1 of section 3602 of the 47 education law, as added by section 25 of part A of chapter 58 of the 48 laws of 2011, are amended to read as follows: 49 dd. "Allowable growth amount" shall mean the product of the positive 50 difference of the personal income growth index minus one, multiplied by 51 the statewide total of the SUM OF (1) THE apportionments, including the 52 gap elimination adjustment, due and owing during the base year, commenc- 53 ing with the base year computed for the two thousand twelve--two thou- 54 sand thirteen school year, to school districts and boards of cooperative 55 educational services from the general support for public schools as 56 computed based on an electronic data file used to produce the school aid S. 6257--A 5 A. 9057--A 1 computer listing produced by the commissioner in support of the enacted 2 budget for the base year PLUS (2) THE COMPETITIVE AWARDS AMOUNT FOR THE 3 BASE YEAR. 4 ee. "Competitive awards amount" shall mean, for two thousand twelve-- 5 two thousand thirteen state fiscal year, fifty million dollars, and for 6 two thousand thirteen--two thousand fourteen and thereafter, [the prod- 7 uct of the personal income growth index multiplied by the base year 8 competitive awards amount] ONE HUNDRED MILLION DOLLARS. 9 S 6. Paragraph c of subdivision 17 of section 3602 of the education 10 law, as added by section 37 of part A of chapter 58 of the laws of 2011, 11 is amended and a new paragraph d is added to read as follows: 12 c. The gap elimination adjustment for the two thousand twelve--two 13 thousand thirteen school year and thereafter shall be equal to the gap 14 elimination adjustment for the base year, plus, in any year in which the 15 preliminary growth amount exceeds the allowable growth amount, the prod- 16 uct of the gap elimination adjustment percentage for such district and 17 the positive difference, if any, between the preliminary growth amount 18 less the allowable growth amount, as computed pursuant to subdivision 19 one of this section, and less the [product of the gap elimination 20 adjustment percentage for such district and the] gap elimination adjust- 21 ment restoration amount, if any, allocated pursuant to [subdivision 22 eighteen of] this section. 23 D. (I) THE GAP ELIMINATION RESTORATION AMOUNT FOR THE TWO THOUSAND 24 TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR FOR A SCHOOL DISTRICT SHALL 25 EQUAL THE GREATER OF: 26 (A) THE PRODUCT OF (1) THE PRODUCT OF THE EXTRAORDINARY NEEDS INDEX 27 MULTIPLIED BY TWO HUNDRED FOURTEEN DOLLARS AND FIFTY CENTS, COMPUTED TO 28 TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED BY (2) THE STATE SHARING 29 RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS 30 SECTION MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE 31 BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF 32 SUBDIVISION ONE OF THIS SECTION, WHERE THE EXTRAORDINARY NEEDS INDEX 33 SHALL BE THE QUOTIENT OF THE EXTRAORDINARY NEEDS PERCENT FOR THE 34 DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS 35 SECTION DIVIDED BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT; OR 36 (B) FOR ANY DISTRICT WITH A GEA/TGFE RATIO GREATER THAN ONE, WHERE THE 37 GEA/TGFE RATIO SHALL BE THE QUOTIENT OF (1) THE GAP ELIMINATION ADJUST- 38 MENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR FOR 39 THE DISTRICT DIVIDED BY THE TOTAL GENERAL FUND EXPENDITURES OF SUCH 40 DISTRICT IN THE BASE YEAR, DIVIDED BY (2) THE STATEWIDE TOTAL GAP ELIMI- 41 NATION ADJUSTMENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE 42 SCHOOL YEAR DIVIDED BY TOTAL GENERAL FUND EXPENDITURES IN THE BASE YEAR, 43 THE PRODUCT OF (A) THE PRODUCT OF THE GEA/TGFE RATIO MULTIPLIED BY NINE- 44 TY DOLLARS, COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED 45 BY (B) THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF 46 SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY (C) THE PUBLIC SCHOOL 47 DISTRICT ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARA- 48 GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; OR 49 (C) ONE PERCENT OF THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND 50 ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, 51 BUT SHALL BE NO GREATER THAN THE PRODUCT OF TWENTY-FIVE PERCENT AND 52 THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND 53 TWELVE SCHOOL YEAR FOR THE DISTRICT. 54 (II) THE GAP ELIMINATION RESTORATION AMOUNT FOR THE TWO THOUSAND THIR- 55 TEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THEREAFTER SHALL EQUAL THE 56 PRODUCT OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT AND THE GAP S. 6257--A 6 A. 9057--A 1 ELIMINATION ADJUSTMENT RESTORATION ALLOCATION ESTABLISHED PURSUANT TO 2 SUBDIVISION EIGHTEEN OF THIS SECTION. 3 S 7. Paragraph c of subdivision 7 of section 3602 of the education 4 law, as amended by section 1 of part A-4 of chapter 58 of the laws of 5 2006, is amended to read as follows: 6 c. For the purposes of computing this apportionment for the two thou- 7 sand five--two thousand six school year and thereafter, approved trans- 8 portation capital, debt service, and lease expense shall be the amount 9 computed based upon an assumed amortization determined pursuant to para- 10 graph e of this subdivision for an expenditure incurred by a school 11 district and approved by the commissioner for those items of transporta- 12 tion capital, debt service and lease expense allowable under subdivision 13 two of section thirty-six hundred twenty-three-a of this article for: 14 (i) the regular aidable transportation of pupils, as such terms are 15 defined in sections thirty-six hundred twenty-one and thirty-six hundred 16 twenty-two-a of this article, (ii) the transportation of children with 17 disabilities pursuant to article eighty-nine of this chapter, and (iii) 18 the transportation of homeless children pursuant to paragraph c of 19 subdivision four of section thirty-two hundred nine of this chapter, 20 provided that the total approved cost of such transportation shall not 21 exceed the amount of the total cost of the most cost-effective mode of 22 transportation. Approvable expenses for the purchase of school buses ON 23 OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWELVE shall be limited to the 24 actual purchase price, or the expense as if the bus were purchased under 25 state contract, whichever is less. If the commissioner determines that 26 no comparable bus was available under state contract at the time of 27 purchase, the approvable expenses shall be the actual purchase price or 28 the state wide median price of such bus in the most recent base year in 29 which such median price was established with an allowable year to year 30 CPI increase as defined in subdivision fourteen of section three hundred 31 five of this chapter; whichever is less. Such median shall be computed 32 by the commissioner for the purposes of this subdivision. APPROVABLE 33 EXPENSES FOR THE PURCHASE OF VEHICLES FOR TRANSPORTING STUDENTS AND FOR 34 EQUIPMENT DEEMED A PROPER SCHOOL DISTRICT EXPENSE PURSUANT TO PARAGRAPH 35 C OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF 36 THIS ARTICLE, AFTER JUNE THIRTIETH, TWO THOUSAND TWELVE, SHALL BE LIMIT- 37 ED TO THE ACTUAL PURCHASE PRICE OF ANY VEHICLE FOR TRANSPORTING STUDENTS 38 AND/OR EQUIPMENT PURCHASED UNDER SUCH CENTRALIZED STATE CONTRACT, 39 PROVIDED, HOWEVER THAT IF THE COMMISSIONER DETERMINES THAT THE DISTRICT 40 IS UNABLE TO PROVIDE APPROPRIATE TRANSPORTATION WITH THE VEHICLE FOR 41 TRANSPORTING STUDENTS AND/OR EQUIPMENT AVAILABLE UNDER SUCH CENTRALIZED 42 STATE CONTRACT, THE APPROVABLE EXPENSES SHALL BE THE ACTUAL PURCHASE 43 PRICE OR THE STATEWIDE MEDIAN PRICE OF SUCH VEHICLE FOR TRANSPORTING 44 STUDENTS IN THE MOST RECENT BASE YEAR IN WHICH SUCH MEDIAN PRICE WAS 45 ESTABLISHED WITH AN ALLOWABLE YEAR TO YEAR CPI INCREASE AS DEFINED IN 46 SUBDIVISION FOURTEEN OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER; 47 WHICHEVER IS LESS. 48 S 8. Paragraphs a and b of subdivision 5 of section 3604 of the educa- 49 tion law, paragraph a as amended by chapter 161 of the laws of 2005 and 50 paragraph b as amended by section 59 of part A of chapter 436 of the 51 laws of 1997, are amended to read as follows: 52 a. State aid adjustments. All errors or omissions in the apportionment 53 shall be corrected by the commissioner. Whenever a school district has 54 been apportioned less money than that to which it is entitled, the 55 commissioner may allot to such district the balance to which it is enti- 56 tled. Whenever a school district has been apportioned more money than S. 6257--A 7 A. 9057--A 1 that to which it is entitled, the commissioner may, by an order, direct 2 such moneys to be paid back to the state to be credited to the general 3 fund local assistance account for state aid to the schools, or may 4 deduct such amount from the next apportionment to be made to said 5 district, provided, however, that, upon notification of excess payments 6 of aid for which a recovery must be made by the state through deduction 7 of future aid payments, a school district may request that such excess 8 payments be recovered by deducting such excess payments from the 9 payments due to such school district and payable in the month of June in 10 (i) the school year in which such notification was received and (ii) the 11 two succeeding school years, provided further that there shall be no 12 interest penalty assessed against such district or collected by the 13 state. Such request shall be made to the commissioner in such form as 14 the commissioner shall prescribe, and shall be based on documentation 15 that the total amount to be recovered is in excess of one percent of the 16 district's total general fund expenditures for the preceding school 17 year. The amount to be deducted in the first year shall be the greater 18 of (i) the sum of the amount of such excess payments that is recognized 19 as a liability due to other governments by the district for the preced- 20 ing school year and the positive remainder of the district's unreserved 21 fund balance at the close of the preceding school year less the product 22 of the district's total general fund expenditures for the preceding 23 school year multiplied by five percent, or (ii) one-third of such excess 24 payments. The amount to be recovered in the second year shall equal the 25 lesser of the remaining amount of such excess payments to be recovered 26 or one-third of such excess payments, and the remaining amount of such 27 excess payments shall be recovered in the third year. Provided further 28 that, notwithstanding any other provisions of this subdivision, any 29 pending payment of moneys due to such district as a prior year adjust- 30 ment payable pursuant to paragraph c of this subdivision for aid claims 31 that had been previously paid as current year aid payments in excess of 32 the amount to which the district is entitled and for which recovery of 33 excess payments is to be made pursuant to this paragraph, shall be 34 reduced at the time of actual payment by any remaining unrecovered 35 balance of such excess payments, and the remaining scheduled deductions 36 of such excess payments pursuant to this paragraph shall be reduced by 37 the commissioner to reflect the amount so recovered. [The commissioner 38 shall certify no payment to a school district based on a claim submitted 39 later than three years after the close of the school year in which such 40 payment was first to be made. For claims for which payment is first to 41 be made in the nineteen hundred ninety-six--ninety-seven school year, 42 the commissioner shall certify no payment to a school district based on 43 a claim submitted later than two years after the close of such school 44 year.] For claims for which payment is first to be made [in the nineteen 45 hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND 46 ELEVEN--TWO THOUSAND TWELVE school year [and thereafter], the commis- 47 sioner shall certify no payment to a school district based on a claim 48 submitted later than one year after the close of such school year. 49 Provided, however, no payments shall be barred or reduced where such 50 payment is required as a result of a final audit of the state. [It is 51 further provided that, until June thirtieth, nineteen hundred ninety- 52 six, the commissioner may grant a waiver from the provisions of this 53 section for any school district if it is in the best educational inter- 54 ests of the district pursuant to guidelines developed by the commission- 55 er and approved by the director of the budget.] FURTHER PROVIDED THAT 56 FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, S. 6257--A 8 A. 9057--A 1 SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED 2 FIFTY-THREE, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, 3 THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E, THIRTY-SIX HUNDRED 4 TWELVE, AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND 5 TWELVE--TWO THOUSAND THIRTEEN AND PRIOR SCHOOL YEARS, THE COMMISSIONER 6 SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS 7 PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION 8 THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED 9 BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER 10 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET 11 REQUEST SUBMITTED FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN 12 STATE FISCAL YEAR AND ENTITLED "BT121-3", AND FURTHER PROVIDED THAT FOR 13 ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, 14 SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED 15 FIFTY-THREE, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, 16 THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E, THIRTY-SIX HUNDRED 17 TWELVE, AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND 18 THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THEREAFTER, THE COMMIS- 19 SIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN 20 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF 21 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT 22 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID 23 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- 24 TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE 25 SCHOOL YEAR COMMENCES. 26 b. Claims resulting from court orders or judgments. [Any] FOR CLAIMS 27 FOR WHICH PAYMENT IS FIRST TO BE MADE PRIOR TO THE TWO THOUSAND TWELVE- 28 -TWO THOUSAND THIRTEEN SCHOOL YEAR, ANY payment which would be due as 29 the result of a court order or judgment shall not be barred, provided 30 that, commencing January first, nineteen hundred ninety-six, such court 31 order or judgment and any other data required shall be filed with the 32 comptroller within one year from the date of the court order or judg- 33 ment, and provided further that the commissioner shall certify no 34 payment to a school district for a specific school year that is based on 35 a claim that results from a court order or judgement so filed with the 36 comptroller unless the total value of such claim, as determined by the 37 commissioner, is greater than one percent of the school district's total 38 revenues from state sources as previously recorded in the general fund 39 and reported to the comptroller in the annual financial report of the 40 school district for such school year. 41 S 9. The opening paragraph of section 3609-a of the education law, as 42 amended by section 40 of part A of chapter 58 of the laws of 2011, is 43 amended to read as follows: 44 For aid payable in the two thousand seven--two thousand eight school 45 year [and thereafter] THROUGH THE TWO THOUSAND ELEVEN--TWO THOUSAND 46 TWELVE SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i) 47 the sum of one hundred percent of the respective amount set forth for 48 each school district as payable pursuant to this section in the school 49 aid computer listing for the current year produced by the commissioner 50 in support of the budget which includes the appropriation for the gener- 51 al support for public schools for the prescribed payments and individ- 52 ualized payments due prior to April first for the current year plus the 53 apportionment payable during the current school year pursuant to subdi- 54 vision six-a and subdivision fifteen of section thirty-six hundred two 55 of this part minus any reductions to current year aids pursuant to 56 subdivision seven of section thirty-six hundred four of this part or any S. 6257--A 9 A. 9057--A 1 deduction from apportionment payable pursuant to this chapter for 2 collection of a school district basic contribution as defined in subdi- 3 vision eight of section forty-four hundred one of this chapter, less any 4 grants provided pursuant to subparagraph two-a of paragraph b of subdi- 5 vision four of section ninety-two-c of the state finance law, less any 6 grants provided pursuant to subdivision twelve of section thirty-six 7 hundred forty-one of this article, or (ii) the apportionment calculated 8 by the commissioner based on data on file at the time the payment is 9 processed; provided however, that for the purposes of any payments made 10 pursuant to this section prior to the first business day of June of the 11 current year, moneys apportioned shall not include any aids payable 12 pursuant to subdivisions six and fourteen, if applicable, of section 13 thirty-six hundred two of this part as current year aid for debt service 14 on bond anticipation notes and/or bonds first issued in the current year 15 or any aids payable for full-day kindergarten for the current year 16 pursuant to subdivision nine of section thirty-six hundred two of this 17 part. The definitions of "base year" and "current year" as set forth in 18 subdivision one of section thirty-six hundred two of this part shall 19 apply to this section. For aid payable in the two thousand eleven--two 20 thousand twelve school year, reference to such "school aid computer 21 listing for the current year" shall mean the printouts entitled 22 "SA111-2". FOR AID PAYABLE IN THE TWO THOUSAND TWELVE--TWO THOUSAND 23 THIRTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE 24 LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT 25 SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION 26 IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE 27 COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES 28 THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE 29 PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST 30 FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT 31 SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR- 32 TY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR 33 AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF 34 THIS PART OR ANY DEDUCTION FROM THE APPORTIONMENT PAYABLE PURSUANT TO 35 THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS 36 DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS 37 CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF 38 PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE 39 FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF 40 SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR- 41 TIONMENT CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE AT THE 42 TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES 43 OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSI- 44 NESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT 45 INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF 46 APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT 47 YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST 48 ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN 49 FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX 50 HUNDRED TWO OF THIS PART. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT 51 YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO 52 OF THIS PART SHALL APPLY TO THIS SECTION. 53 S 10. Paragraph b of subdivision 2 of section 3612 of the education 54 law, as amended by section 46 of part A of chapter 58 of the laws of 55 2011, is amended to read as follows: S. 6257--A 10 A. 9057--A 1 b. Such grants shall be awarded to school districts, within the limits 2 of funds appropriated therefor, through a competitive process that takes 3 into consideration the magnitude of any shortage of teachers in the 4 school district, the number of teachers employed in the school district 5 who hold temporary licenses to teach in the public schools of the state, 6 the number of provisionally certified teachers, the fiscal capacity and 7 geographic sparsity of the district, the number of new teachers the 8 school district intends to hire in the coming school year and the number 9 of summer in the city student internships proposed by an eligible school 10 district, if applicable. Grants provided pursuant to this section shall 11 be used only for the purposes enumerated in this section. Notwithstand- 12 ing any other provision of law to the contrary, a city school district 13 in a city having a population of one million or more inhabitants receiv- 14 ing a grant pursuant to this section may use no more than eighty percent 15 of such grant funds for any recruitment, retention and certification 16 costs associated with transitional certification of teacher candidates 17 for the school years two thousand one--two thousand two through [two 18 thousand eleven--two thousand twelve] TWO THOUSAND TWELVE--TWO THOUSAND 19 THIRTEEN. 20 S 11. Paragraph c of subdivision 2 of section 3623-a of the education 21 law, as amended by chapter 453 of the laws of 2005, is amended to read 22 as follows: 23 c. The purchase of equipment deemed a proper school district expense, 24 PROVIDED, HOWEVER THAT SUCH PURCHASE SHALL BE SUBJECT TO THE APPROVAL OF 25 THE COMMISSIONER AFTER JUNE THIRTIETH, TWO THOUSAND TWELVE, including: 26 (i) the purchase of two-way radios to be used on old and new school 27 buses, (ii) the purchase of stop-arms, to be used on old and new school 28 buses, (iii) the purchase and installation of seat safety belts on 29 school buses in accordance with the provisions of section thirty-six 30 hundred thirty-five-a of this article, (iv) the purchase of school bus 31 back up beepers, (v) the purchase of school bus front crossing arms, 32 (vi) the purchase of school bus safety sensor devices, (vii) the 33 purchase and installation of exterior reflective marking on school 34 buses, (viii) the purchase of automatic engine fire extinguishing 35 systems for school buses used to transport students who use wheelchairs 36 or other assistive mobility devices, and (ix) the purchase of other 37 equipment as prescribed in the regulations of the commissioner; and 38 S 12. Subdivision 6 of section 4402 of the education law, as amended 39 by section 58 of part A of chapter 58 of the laws of 2011, is amended to 40 read as follows: 41 6. Notwithstanding any other law, rule or regulation to the contrary, 42 the board of education of a city school district with a population of 43 one hundred twenty-five thousand or more inhabitants shall be permitted 44 to establish maximum class sizes for special classes for certain 45 students with disabilities in accordance with the provisions of this 46 subdivision. For the purpose of obtaining relief from any adverse fiscal 47 impact from under-utilization of special education resources due to low 48 student attendance in special education classes at the middle and 49 secondary level as determined by the commissioner, such boards of educa- 50 tion shall, during the school years nineteen hundred ninety-five--nine- 51 ty-six through June thirtieth, two thousand [twelve] THIRTEEN of the 52 [two thousand eleven--two thousand twelve] TWO THOUSAND TWELVE--TWO 53 THOUSAND THIRTEEN school year, be authorized to increase class sizes in 54 special classes containing students with disabilities whose age ranges 55 are equivalent to those of students in middle and secondary schools as 56 defined by the commissioner for purposes of this section by up to but S. 6257--A 11 A. 9057--A 1 not to exceed one and two tenths times the applicable maximum class size 2 specified in regulations of the commissioner rounded up to the nearest 3 whole number, provided that in a city school district having a popu- 4 lation of one million or more, classes that have a maximum class size of 5 fifteen may be increased by no more than one student and provided that 6 the projected average class size shall not exceed the maximum specified 7 in the applicable regulation, provided that such authorization shall 8 terminate on June thirtieth, two thousand. Such authorization shall be 9 granted upon filing of a notice by such a board of education with the 10 commissioner stating the board's intention to increase such class sizes 11 and a certification that the board will conduct a study of attendance 12 problems at the secondary level and will implement a corrective action 13 plan to increase the rate of attendance of students in such classes to 14 at least the rate for students attending regular education classes in 15 secondary schools of the district. Such corrective action plan shall be 16 submitted for approval by the commissioner by a date during the school 17 year in which such board increases class sizes as provided pursuant to 18 this subdivision to be prescribed by the commissioner. Upon at least 19 thirty days notice to the board of education, after conclusion of the 20 school year in which such board increases class sizes as provided pursu- 21 ant to this subdivision, the commissioner shall be authorized to termi- 22 nate such authorization upon a finding that the board has failed to 23 develop or implement an approved corrective action plan. 24 S 13. Subdivision b of section 2 of chapter 756 of the laws of 1992, 25 relating to funding a program for work force education conducted by the 26 consortium for worker education in New York city, as amended by section 27 65 of part A of chapter 58 of the laws of 2011, is amended to read as 28 follows: 29 b. Reimbursement for programs approved in accordance with subdivision 30 a of this section [for the 2008-09 school year shall not exceed 62.8 31 percent of the lesser of such approvable costs per contact hour or ten 32 dollars and sixty-five cents per contact hour, reimbursement] for the 33 2009-10 school year shall not exceed 64.1 percent of the lesser of such 34 approvable costs per contact hour or eleven dollars and fifty cents per 35 contact hour, reimbursement for the 2010--2011 school year shall not 36 exceed 62.6 percent of the lesser of such approvable costs per contact 37 hour or twelve dollars and five cents per contact hour [and], reimburse- 38 ment for the 2011--2012 school year shall not exceed 62.9 percent of the 39 lesser of such approvable costs per contact hour or twelve dollars and 40 fifteen cents per contact hour, AND REIMBURSEMENT FOR THE 2012--2013 41 SCHOOL YEAR SHALL NOT EXCEED 63.2 PERCENT OF THE LESSER OF SUCH APPROVA- 42 BLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND FORTY CENTS PER CONTACT 43 HOUR, where a contact hour represents sixty minutes of instruction 44 services provided to an eligible adult. Notwithstanding any other 45 provision of law to the contrary, [for the 2008-09 school year such 46 contact hours shall not exceed one million nine hundred forty-six thou- 47 sand one hundred seven (1,946,107) hours; whereas] for the 2009-10 48 school year such contact hours shall not exceed one million seven 49 hundred sixty-three thousand nine hundred seven (1,763,907) hours; wher- 50 eas for the 2010--2011 school year such contact hours shall not exceed 51 one million five hundred twenty-five thousand one hundred ninety-eight 52 (1,525,198) hours; whereas for the 2011--2012 school year such contact 53 hours shall not exceed one million seven hundred one thousand five 54 hundred seventy (1,701,570) hours; WHEREAS FOR THE 2012--2013 SCHOOL 55 YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED 56 SIXTY-EIGHT THOUSAND SEVEN HUNDRED TEN (1,468,710) HOURS. Notwithstand- S. 6257--A 12 A. 9057--A 1 ing any other provision of law to the contrary, the apportionment calcu- 2 lated for the city school district of the city of New York pursuant to 3 subdivision 11 of section 3602 of the education law shall be computed as 4 if such contact hours provided by the consortium for worker education, 5 not to exceed the contact hours set forth herein, were eligible for aid 6 in accordance with the provisions of such subdivision 11 of section 3602 7 of the education law. 8 S 14. Section 4 of chapter 756 of the laws of 1992, relating to fund- 9 ing a program for work force education conducted by the consortium for 10 worker education in New York city, is amended by adding a new subdivi- 11 sion q to read as follows: 12 Q. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE 13 COMPLETION OF PAYMENTS FOR THE 2012--2013 SCHOOL YEAR. NOTWITHSTANDING 14 ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL 15 WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE 16 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE 17 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED 18 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT 19 AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS 20 ($11,500,000). 21 S 15. Section 6 of chapter 756 of the laws of 1992, relating to fund- 22 ing a program for work force education conducted by the consortium for 23 worker education in New York city, as amended by section 67 of part A of 24 chapter 58 of the laws of 2011, is amended to read as follows: 25 S 6. This act shall take effect July 1, 1992, and shall be deemed 26 repealed on June 30, [2012] 2013. 27 S 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, 28 relating to certain provisions related to the 1994-95 state operations, 29 aid to localities, capital projects and debt service budgets, as amended 30 by section 68 of part A of chapter 58 of the laws of 2011, is amended to 31 read as follows: 32 1. Sections one through seventy of this act shall be deemed to have 33 been in full force and effect as of April 1, 1994 provided, however, 34 that sections one, two, twenty-four, twenty-five and twenty-seven 35 through seventy of this act shall expire and be deemed repealed on March 36 31, 2000; provided, however, that section twenty of this act shall apply 37 only to hearings commenced prior to September 1, 1994, and provided 38 further that section twenty-six of this act shall expire and be deemed 39 repealed on March 31, 1997; and provided further that sections four 40 through fourteen, sixteen, and eighteen, nineteen and twenty-one through 41 twenty-one-a of this act shall expire and be deemed repealed on March 42 31, 1997; and provided further that sections three, fifteen, seventeen, 43 twenty, twenty-two and twenty-three of this act shall expire and be 44 deemed repealed on March 31, [2013] 2014. 45 S 17. Subdivision 6-a of section 140 of chapter 82 of the laws of 46 1995, amending the education law and certain other laws relating to 47 state aid to school districts and the appropriation of funds for the 48 support of government, as amended by section 51 of part B of chapter 57 49 of the laws of 2007, is amended to read as follows: 50 (6-a) Section seventy-three of this act shall take effect July 1, 1995 51 and shall be deemed repealed June 30, [2012] 2017; 52 S 18. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws 53 of 1995, amending the education law and certain other laws relating to 54 state aid to school districts and the appropriation of funds for the 55 support of government, as amended by section 69 of part A of chapter 58 56 of the laws of 2011, are amended to read as follows: S. 6257--A 13 A. 9057--A 1 (22) sections one hundred twelve, one hundred thirteen, one hundred 2 fourteen, one hundred fifteen and one hundred sixteen of this act shall 3 take effect on July 1, 1995; provided, however, that section one hundred 4 thirteen of this act shall remain in full force and effect until July 1, 5 [2012] 2013 at which time it shall be deemed repealed; 6 (24) sections one hundred eighteen through one hundred thirty of this 7 act shall be deemed to have been in full force and effect on and after 8 July 1, 1995; provided further, however, that the amendments made pursu- 9 ant to section one hundred nineteen of this act shall be deemed to be 10 repealed on and after July 1, [2012] 2013; 11 S 19. Section 4 of chapter 698 of the laws of 1996, amending the 12 education law relating to transportation contracts, as amended by chap- 13 ter 165 of the laws of 2007, is amended to read as follows: 14 S 4. This act shall take effect immediately, and shall expire and be 15 deemed repealed on and after June 30, [2012] 2017. 16 S 20. Section 12 of chapter 147 of the laws of 2001, amending the 17 education law relating to conditional appointment of school district, 18 charter school or BOCES employees, as amended by section 72 of part A of 19 chapter 58 of the laws of 2011, is amended to read as follows: 20 S 12. This act shall take effect on the same date as chapter 180 of 21 the laws of 2000 takes effect, and shall expire July 1, [2012] 2013 when 22 upon such date the provisions of this act shall be deemed repealed. 23 S 21. Section 4 of chapter 425 of the laws of 2002, amending the 24 education law relating to the provision of supplemental educational 25 services, attendance at a safe public school and the suspension of 26 pupils who bring a firearm to or possess a firearm at a school, as 27 amended by section 73 of part A of chapter 58 of the laws of 2011, is 28 amended to read as follows: 29 S 4. This act shall take effect July 1, 2002 and shall expire and be 30 deemed repealed June 30, [2012] 2013. 31 S 22. Section 5 of chapter 101 of the laws of 2003, amending the 32 education law relating to implementation of the No Child Left Behind Act 33 of 2001, as amended by section 74 of part A of chapter 58 of the laws of 34 2011, is amended to read as follows: 35 S 5. This act shall take effect immediately; provided that sections 36 one, two and three of this act shall expire and be deemed repealed on 37 June 30, [2012] 2013. 38 S 23. Subdivision 4 of section 51 of part B of chapter 57 of the laws 39 of 2008, amending the education law relating to the universal pre-kin- 40 dergarten program, as amended by chapter 2 of the laws of 2011, is 41 amended to read as follows: 42 4. section 23 of this act shall take effect July 1, 2008 and shall 43 expire and be deemed repealed June 30, [2012] 2013; 44 S 24. School bus driver training. In addition to apportionments other- 45 wise provided by section 3602 of the education law, for aid payable in 46 the 2012--13 school year, the commissioner of education shall allocate 47 school bus driver training grants to school districts and boards of 48 cooperative education services pursuant to sections 3650-a, 3650-b and 49 3650-c of the education law, or for contracts directly with not-for-pro- 50 fit educational organizations for the purposes of this section. Such 51 payments shall not exceed four hundred thousand dollars ($400,000) per 52 school year. 53 S 25. Support of public libraries. The moneys appropriated for the 54 support of public libraries by the chapter of the laws of 2012 enacting 55 the aid to localities budget shall be apportioned for the 2012--13 state 56 fiscal year in accordance with the provisions of sections 271, 272, 273, S. 6257--A 14 A. 9057--A 1 282, 284, and 285 of the education law as amended by the provisions of 2 this act, provided that library construction aid pursuant to section 3 273-a of the education law shall not be payable from the appropriations 4 for the support of public libraries and provided further that no 5 library, library system or program, as defined by the commissioner of 6 education, shall receive less total system or program aid than it 7 received for the year 2001--2002 except as a result of a reduction 8 adjustment necessary to conform to the appropriations for support of 9 public libraries. 10 Notwithstanding any other provision of law to the contrary the moneys 11 appropriated for the support of public libraries for the year 2012--2013 12 by a chapter of the laws of 2012 enacting the aid to localities budget 13 shall fulfill the state's obligation to provide such aid and, pursuant 14 to a plan developed by the commissioner of education and approved by the 15 director of the budget, the aid payable to libraries and library systems 16 pursuant to such appropriations shall be reduced proportionately to 17 assure that the total amount of aid payable does not exceed the total 18 appropriations for such purpose. 19 S 26. Special apportionment for salary expenses. a. Notwithstanding 20 any other provision of law, upon application to the commissioner of 21 education, not sooner than the first day of the second full business 22 week of June, 2013 and not later than the last day of the third full 23 business week of June, 2013, a school district eligible for an appor- 24 tionment pursuant to section 3602 of the education law shall be eligible 25 to receive an apportionment pursuant to this section, for the school 26 year ending June 30, 2013, for salary expenses incurred between April 1 27 and June 30, 2013 and such apportionment shall not exceed the sum of (i) 28 the deficit reduction assessment of 1990--91 as determined by the 29 commissioner of education, pursuant to paragraph f of subdivision 1 of 30 section 3602 of the education law, as in effect through June 30, 1993, 31 plus (ii) 186 percent of such amount for a city school district in a 32 city with a population in excess of 1,000,000 inhabitants, plus (iii) 33 209 percent of such amount for a city school district in a city with a 34 population of more than 195,000 inhabitants and less than 219,000 inhab- 35 itants according to the latest federal census plus (iv) the net gap 36 elimination adjustment for 2010--2011, as determined by the commissioner 37 of education pursuant to chapter 53 of the laws of 2010, plus (v) the 38 gap elimination adjustment for 2011--12 as determined by the commission- 39 er of education pursuant to subdivision 17 of section 3602 of the educa- 40 tion law, and provided further that such apportionment shall not exceed 41 such salary expenses. Such application shall be made by a school 42 district, after the board of education or trustees have adopted a resol- 43 ution to do so and in the case of a city school district in a city with 44 a population in excess of 125,000 inhabitants, with the approval of the 45 mayor of such city. 46 b. The claim for an apportionment to be paid to a school district 47 pursuant to subdivision a of this section shall be submitted to the 48 commissioner of education on a form prescribed for such purpose, and 49 shall be payable upon determination by such commissioner that the form 50 has been submitted as prescribed. Such approved amounts shall be payable 51 on the same day in September of the school year following the year in 52 which application was made as funds provided pursuant to subparagraph 53 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 54 law, on the audit and warrant of the state comptroller on vouchers 55 certified or approved by the commissioner of education in the manner 56 prescribed by law from moneys in the state lottery fund and from the S. 6257--A 15 A. 9057--A 1 general fund to the extent that the amount paid to a school district 2 pursuant to this section exceeds the amount, if any, due such school 3 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 4 section 3609-a of the education law in the school year following the 5 year in which application was made. 6 c. Notwithstanding the provisions of section 3609-a of the education 7 law, an amount equal to the amount paid to a school district pursuant to 8 subdivisions a and b of this section shall first be deducted from the 9 following payments due the school district during the school year 10 following the year in which application was made pursuant to subpara- 11 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 12 section 3609-a of the education law in the following order: the lottery 13 apportionment payable pursuant to subparagraph (2) of such paragraph 14 followed by the fixed fall payments payable pursuant to subparagraph (4) 15 of such paragraph and then followed by the district's payments to the 16 teachers' retirement system pursuant to subparagraph (1) of such para- 17 graph, and any remainder to be deducted from the individualized payments 18 due the district pursuant to paragraph b of such subdivision shall be 19 deducted on a chronological basis starting with the earliest payment due 20 the district. 21 S 27. Special apportionment for public pension accruals. a. Notwith- 22 standing any other provision of law, upon application to the commission- 23 er of education, not later than June 30, 2013, a school district eligi- 24 ble for an apportionment pursuant to section 3602 of the education law 25 shall be eligible to receive an apportionment pursuant to this section, 26 for the school year ending June 30, 2013 and such apportionment shall 27 not exceed the additional accruals required to be made by school 28 districts in the 2004--05 and 2005--06 school years associated with 29 changes for such public pension liabilities. The amount of such addi- 30 tional accrual shall be certified to the commissioner of education by 31 the president of the board of education or the trustees or, in the case 32 of a city school district in a city with a population in excess of 33 125,000 inhabitants, the mayor of such city. Such application shall be 34 made by a school district, after the board of education or trustees have 35 adopted a resolution to do so and in the case of a city school district 36 in a city with a population in excess of 125,000 inhabitants, with the 37 approval of the mayor of such city. 38 b. The claim for an apportionment to be paid to a school district 39 pursuant to subdivision a of this section shall be submitted to the 40 commissioner of education on a form prescribed for such purpose, and 41 shall be payable upon determination by such commissioner that the form 42 has been submitted as prescribed. Such approved amounts shall be payable 43 on the same day in September of the school year following the year in 44 which application was made as funds provided pursuant to subparagraph 45 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 46 law, on the audit and warrant of the state comptroller on vouchers 47 certified or approved by the commissioner of education in the manner 48 prescribed by law from moneys in the state lottery fund and from the 49 general fund to the extent that the amount paid to a school district 50 pursuant to this section exceeds the amount, if any, due such school 51 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 52 section 3609-a of the education law in the school year following the 53 year in which application was made. 54 c. Notwithstanding the provisions of section 3609-a of the education 55 law, an amount equal to the amount paid to a school district pursuant to 56 subdivisions a and b of this section shall first be deducted from the S. 6257--A 16 A. 9057--A 1 following payments due the school district during the school year 2 following the year in which application was made pursuant to subpara- 3 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 4 section 3609-a of the education law in the following order: the lottery 5 apportionment payable pursuant to subparagraph (2) of such paragraph 6 followed by the fixed fall payments payable pursuant to subparagraph (4) 7 of such paragraph and then followed by the district's payments to the 8 teachers' retirement system pursuant to subparagraph (1) of such para- 9 graph, and any remainder to be deducted from the individualized payments 10 due the district pursuant to paragraph b of such subdivision shall be 11 deducted on a chronological basis starting with the earliest payment due 12 the district. 13 S 28. a. Notwithstanding any other law, rule or regulation to the 14 contrary, any moneys appropriated to the state education department may 15 be suballocated to other state departments or agencies, as needed, to 16 accomplish the intent of the specific appropriations contained therein. 17 b. Notwithstanding any other law, rule or regulation to the contrary, 18 moneys appropriated to the state education department from the general 19 fund/aid to localities, local assistance account-001, shall be for 20 payment of financial assistance, as scheduled, net of disallowances, 21 refunds, reimbursement and credits. 22 c. Notwithstanding any other law, rule or regulation to the contrary, 23 all moneys appropriated to the state education department for aid to 24 localities shall be available for payment of aid heretofore or hereafter 25 to accrue and may be suballocated to other departments and agencies to 26 accomplish the intent of the specific appropriations contained therein. 27 d. Notwithstanding any other law, rule or regulation to the contrary, 28 moneys appropriated to the state education department for general 29 support for public schools may be interchanged with any other item of 30 appropriation for general support for public schools within the general 31 fund local assistance account office of prekindergarten through grade 32 twelve education programs. 33 S 29. Notwithstanding the provision of any law, rule, or regulation to 34 the contrary, the city school district of the city of Rochester, upon 35 the consent of the board of cooperative educational services of the 36 supervisory district serving its geographic region may purchase from 37 such board for the 2012--13 school year, as a non-component school 38 district, services required by article 19 of the education law. 39 S 30. The amounts specified in this section shall be a setaside from 40 the state funds which each such district is receiving from the total 41 foundation aid: 42 a. for the purpose of the development, maintenance or expansion of 43 magnet schools or magnet school programs for the 2012--2013 school year. 44 To the city school district of the city of New York there shall be paid 45 forty-eight million one hundred seventy-five thousand dollars 46 ($48,175,000) including five hundred thousand dollars ($500,000) for the 47 Andrew Jackson High School; to the Buffalo city school district, twen- 48 ty-one million twenty-five thousand dollars ($21,025,000); to the 49 Rochester city school district, fifteen million dollars ($15,000,000); 50 to the Syracuse city school district, thirteen million dollars 51 ($13,000,000); to the Yonkers city school district, forty-nine million 52 five hundred thousand dollars ($49,500,000); to the Newburgh city school 53 district, four million six hundred forty-five thousand dollars 54 ($4,645,000); to the Poughkeepsie city school district, two million four 55 hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon 56 city school district, two million dollars ($2,000,000); to the New S. 6257--A 17 A. 9057--A 1 Rochelle city school district, one million four hundred ten thousand 2 dollars ($1,410,000); to the Schenectady city school district, one 3 million eight hundred thousand dollars ($1,800,000); to the Port Chester 4 city school district, one million one hundred fifty thousand dollars 5 ($1,150,000); to the White Plains city school district, nine hundred 6 thousand dollars ($900,000); to the Niagara Falls city school district, 7 six hundred thousand dollars ($600,000); to the Albany city school 8 district, three million five hundred fifty thousand dollars 9 ($3,550,000); to the Utica city school district, two million dollars 10 ($2,000,000); to the Beacon city school district, five hundred sixty-six 11 thousand dollars ($566,000); to the Middletown city school district, 12 four hundred thousand dollars ($400,000); to the Freeport union free 13 school district, four hundred thousand dollars ($400,000); to the Green- 14 burgh central school district, three hundred thousand dollars 15 ($300,000); to the Amsterdam city school district, eight hundred thou- 16 sand dollars ($800,000); to the Peekskill city school district, two 17 hundred thousand dollars ($200,000); and to the Hudson city school 18 district, four hundred thousand dollars ($400,000). 19 b. notwithstanding the provisions of subdivision a of this section, a 20 school district receiving a grant pursuant to this section may use such 21 grant funds for: (i) any instructional or instructional support costs 22 associated with the operation of a magnet school; or (ii) any instruc- 23 tional or instructional support costs associated with implementation of 24 an alternative approach to reduction of racial isolation and/or enhance- 25 ment of the instructional program and raising of standards in elementary 26 and secondary schools of school districts having substantial concen- 27 trations of minority students. The commissioner of education shall not 28 be authorized to withhold magnet grant funds from a school district that 29 used such funds in accordance with this paragraph, notwithstanding any 30 inconsistency with a request for proposals issued by such commissioner. 31 c. for the purpose of attendance improvement and dropout prevention 32 for the 2012--2013 school year, for any city school district in a city 33 having a population of more than one million, the setaside for attend- 34 ance improvement and dropout prevention shall equal the amount set aside 35 in the year prior to the base year. For the 2012--2013 school year, it 36 is further provided that any city school district in a city having a 37 population of more than one million shall allocate at least one-third of 38 any increase from base year levels in funds set aside pursuant to the 39 requirements of this subdivision to community-based organizations. Any 40 increase required pursuant to this subdivision to community-based organ- 41 izations must be in addition to allocations provided to community-based 42 organizations in the base year. 43 d. for the purpose of teacher support for the 2012--2013 school year: 44 to the city school district of the city of New York, sixty-two million 45 seven hundred seven thousand dollars ($62,707,000); to the Buffalo city 46 school district, one million seven hundred forty-one thousand dollars 47 ($1,741,000); to the Rochester city school district, one million seven- 48 ty-six thousand dollars ($1,076,000); to the Yonkers city school 49 district, one million one hundred forty-seven thousand dollars 50 ($1,147,000); and to the Syracuse city school district, eight hundred 51 nine thousand dollars ($809,000). All funds made available to a school 52 district pursuant to this subdivision shall be distributed among teach- 53 ers including prekindergarten teachers and teachers of adult vocational 54 and academic subjects in accordance with this subdivision and shall be 55 in addition to salaries heretofore or hereafter negotiated or made 56 available; provided, however, that all funds distributed pursuant to S. 6257--A 18 A. 9057--A 1 this section for the current year shall be deemed to incorporate all 2 funds distributed pursuant to former subdivision 27 of section 3602 of 3 the education law for prior years. In school districts where the teach- 4 ers are represented by certified or recognized employee organizations, 5 all salary increases funded pursuant to this section shall be determined 6 by separate collective negotiations conducted pursuant to the provisions 7 and procedures of article 14 of the civil service law, notwithstanding 8 the existence of a negotiated agreement between a school district and a 9 certified or recognized employee organization. 10 S 31. a. Notwithstanding any other provision of law to the contrary, 11 the actions or omissions of any school district which failed to submit a 12 final building project cost report by June 30 of the school year follow- 13 ing June 30 of the school year in which the certificate of substantial 14 completion of the project is issued by the architect or engineer, or six 15 months after issuance of such certificate, whichever is later, are here- 16 by ratified and validated, provided that such building project was 17 eligible for aid in a year for which the commissioner is required to 18 prepare an estimate of apportionments due and owing pursuant to para- 19 graph c of subdivision 21 of section 305 of the education law, provided 20 further that such school district submits a final cost report on or 21 before December 31, 2012 and such report is approved by the commissioner 22 of education, and provided further that any amount due and payable for 23 school years prior to the 2013-14 school year as a result of this act 24 shall be paid pursuant to the provisions of paragraph c of subdivision 5 25 of section 3604 of the education law. 26 b. Notwithstanding any other provision of law to the contrary, any 27 pending payment of moneys due to such district as a prior year adjust- 28 ment payable pursuant to paragraph c of subdivision 5 of section 3604 of 29 the education law for aid claims that had been previously paid in excess 30 as current year aid payments and for which recovery of excess payments 31 is to be made pursuant to this act, shall be reduced by any remaining 32 unrecovered balance of such excess payments, and the remaining scheduled 33 deductions of such excess payments pursuant to this act shall be reduced 34 by the commissioner of education to reflect the amount so recovered. 35 c. The education department is hereby directed to adjust the approved 36 costs of the aforementioned projects on a pro-rata basis to reflect the 37 number of years between June 30 of the school year following June 30 of 38 the school year in which the certificate of substantial completion of 39 the project is issued by the architect or engineer, or six months after 40 issuance of such certificate, whichever is later and the date upon which 41 the district filed a final cost report as a proportion of the useful 42 life of the project, and to consider such adjusted approved costs as 43 valid and proper obligations of such school districts. 44 S 32. Severability. The provisions of this act shall be severable, and 45 if the application of any clause, sentence, paragraph, subdivision, 46 section or part of this act to any person or circumstance shall be 47 adjudged by any court of competent jurisdiction to be invalid, such 48 judgment shall not necessarily affect, impair or invalidate the applica- 49 tion of any such clause, sentence, paragraph, subdivision, section, part 50 of this act or remainder thereof, as the case may be, to any other 51 person or circumstance, but shall be confined in its operation to the 52 clause, sentence, paragraph, subdivision, section or part thereof 53 directly involved in the controversy in which such judgment shall have 54 been rendered. S. 6257--A 19 A. 9057--A 1 S 33. This act shall take effect immediately, and shall be deemed to 2 have been in full force and effect on and after April 1, 2012, provided, 3 however, that: 4 1. Section three of this act shall be deemed to have been in full 5 force and effect on and after July 1, 2006; 6 2. Sections six, nine, ten, twelve, thirteen, fourteen, twenty-four 7 and thirty of this act shall take effect July 1, 2012; 8 3. The amendments to subdivision 6 of section 4402 of the education 9 law made by section twelve of this act shall not affect the repeal of 10 such subdivision and shall be deemed repealed therewith; 11 4. The amendments to chapter 756 of the laws of 1992, relating to 12 funding a program for work force education conducted by a consortium for 13 worker education in New York city, made by sections thirteen and four- 14 teen of this act shall not affect the repeal of such chapter and shall 15 be deemed repealed therewith; and 16 5. Section twenty-eight of this act shall expire and be deemed 17 repealed June 30, 2013. 18 PART B 19 Section 1. Section 3020-a of the education law, as amended by chapter 20 691 of the laws of 1994, paragraph (b) of subdivision 2 as separately 21 amended by chapters 296 and 325 of the laws of 2008, paragraph (c) of 22 subdivision 2 and paragraph a of subdivision 3 as amended and subpara- 23 graph (i-a) of paragraph c of subdivision 3 as added by chapter 103 of 24 the laws of 2010, is amended to read as follows: 25 S 3020-a. Disciplinary procedures and penalties. 1. Filing of charges. 26 All charges against a person enjoying the benefits of tenure as provided 27 in subdivision three of section [one thousand one] ELEVEN hundred two, 28 and sections [two thousand five] TWENTY-FIVE hundred nine, [two thousand 29 five] TWENTY-FIVE hundred seventy-three, twenty-five hundred ninety-j, 30 three thousand twelve and three thousand fourteen of this chapter shall 31 be in writing and filed with the clerk or secretary of the school 32 district or employing board during the period between the actual opening 33 and closing of the school year for which the employed is normally 34 required to serve. Except as provided in subdivision eight of section 35 [two thousand five] TWENTY-FIVE hundred seventy-three and subdivision 36 seven of section twenty-five hundred ninety-j of this chapter, no charg- 37 es under this section shall be brought more than three years after the 38 occurrence of the alleged incompetency or misconduct, except when the 39 charge is of misconduct constituting a crime when committed. 40 2. [(a)] Disposition of charges. A. Upon receipt of the charges, the 41 clerk or secretary of the school district or employing board shall imme- 42 diately notify said board thereof. Within five days after receipt of 43 charges, the employing board, in executive session, shall determine, by 44 a vote of a majority of all the members of such board, whether probable 45 cause exists to bring a disciplinary proceeding against an employee 46 pursuant to this section. If such determination is affirmative, a writ- 47 ten statement specifying (I) the charges in detail, (II) the maximum 48 penalty which will be imposed by the board if the employee does not 49 request a hearing or that will be sought by the board if the employee is 50 found guilty of the charges after a hearing, (III) THE RESPONSIBILITY OF 51 THE EMPLOYEE OR THE EMPLOYEE'S COLLECTIVE BARGAINING UNIT, AS APPLICA- 52 BLE, TO PAY A SHARE OF HEARING COSTS UNDER THE CIRCUMSTANCES SET FORTH 53 IN PARAGRAPHS B AND C OF SUBDIVISION THREE OF THIS SECTION, and [outlin- 54 ing] (IV) the employee's rights under this section, shall be immediately S. 6257--A 20 A. 9057--A 1 forwarded to the accused employee by certified or registered mail, 2 return receipt requested or by personal delivery to the employee. 3 [(b)] B. The employee may be suspended pending a hearing on the charg- 4 es and the final determination thereof. The suspension shall be with 5 pay, except the employee may be suspended without pay if the employee 6 has entered a guilty plea to or has been convicted of a felony crime 7 concerning the criminal sale or possession of a controlled substance, a 8 precursor of a controlled substance, or drug paraphernalia as defined in 9 article two hundred twenty or two hundred twenty-one of the penal law; 10 or a felony crime involving the physical abuse of a minor or student. 11 The employee shall be terminated without a hearing, as provided for in 12 this section, upon conviction of a sex offense, as defined in subpara- 13 graph two of paragraph b of subdivision seven-a of section three hundred 14 five of this chapter. To the extent this section applies to an employee 15 acting as a school administrator or supervisor, as defined in subpara- 16 graph three of paragraph b of subdivision seven-b of section three 17 hundred five of this chapter, such employee shall be terminated without 18 a hearing, as provided for in this section, upon conviction of a felony 19 offense defined in subparagraph two of paragraph b of subdivision 20 seven-b of section three hundred five of this chapter. 21 [(c)] C. Within ten days of receipt of the statement of charges, the 22 employee shall notify the clerk or secretary of the employing board in 23 writing whether he or she desires a hearing on the charges and when the 24 charges concern pedagogical incompetence or issues involving pedagogical 25 judgment, his or her choice of either a single hearing officer or a 26 three member panel, provided that a three member panel shall not be 27 available where the charges concern pedagogical incompetence based sole- 28 ly upon a teacher's or principal's pattern of ineffective teaching or 29 performance as defined in section three thousand twelve-c of this arti- 30 cle. All other charges shall be heard by a single hearing officer. 31 [(d)] D. The unexcused failure of the employee to notify the clerk or 32 secretary of his or her desire for a hearing within ten days of the 33 receipt of charges shall be deemed a waiver of the right to a hearing. 34 Where an employee requests a hearing in the manner provided for by this 35 section, the clerk or secretary of the board shall, within three working 36 days of receipt of the employee's notice or request for a hearing, noti- 37 fy the commissioner [of education] of the need for a hearing. If the 38 employee waives his or her right to a hearing the employing board shall 39 proceed, within fifteen days, by a vote of a majority of all members of 40 such board, to determine the case and fix the penalty, if any, to be 41 imposed in accordance with subdivision four of this section. 42 3. Hearings. a. Notice of hearing. Upon receipt of a request for a 43 hearing in accordance with subdivision two of this section, the commis- 44 sioner shall forthwith notify the American Arbitration Association 45 (hereinafter "association") of the need for a hearing and shall request 46 the association to provide to the commissioner forthwith a list of names 47 of persons chosen by the association from the association's panel of 48 labor arbitrators to potentially serve as hearing officers together with 49 relevant biographical information on each arbitrator. Upon receipt of 50 said list and biographical information, the commissioner shall forthwith 51 send a copy of both simultaneously to the employing board and the 52 employee. The commissioner shall also simultaneously notify both the 53 employing board and the employee of each potential hearing officer's 54 record in the last five cases of commencing and completing hearings 55 within the time periods prescribed in this section. S. 6257--A 21 A. 9057--A 1 b. (i) Hearing officers. All hearings pursuant to this section shall 2 be conducted before and by a single hearing officer selected as provided 3 for in this section. A hearing officer shall not be eligible to serve 4 [as such] IN SUCH POSITION if he or she is a resident of the school 5 district, other than the city of New York, under the jurisdiction of the 6 employing board, an employee, agent or representative of the employing 7 board or of any labor organization representing employees of such 8 employing board, has served as such agent or representative within two 9 years of the date of the scheduled hearing, or if he or she is then 10 serving as a mediator or fact finder in the same school district. 11 (A) Notwithstanding any other provision of law, FOR HEARINGS COMMENCED 12 BY THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND TWELVE, the 13 hearing officer shall be compensated by the department with the custom- 14 ary fee paid for service as an arbitrator under the auspices of the 15 association for each day of actual service plus necessary travel and 16 other reasonable expenses incurred in the performance of his or her 17 duties. All other expenses of the disciplinary proceedings COMMENCED BY 18 THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND TWELVE shall be 19 paid in accordance with rules promulgated by the commissioner [of educa- 20 tion]. CLAIMS FOR SUCH COMPENSATION FOR DAYS OF ACTUAL SERVICE AND 21 REIMBURSEMENT FOR NECESSARY TRAVEL AND OTHER EXPENSES FOR HEARINGS 22 COMMENCED BY THE FILING OF CHARGES PRIOR TO APRIL FIRST, TWO THOUSAND 23 TWELVE SHALL BE PAID FROM AN APPROPRIATION FOR SUCH PURPOSE IN THE ORDER 24 IN WHICH THEY HAVE BEEN APPROVED BY THE COMMISSIONER FOR PAYMENT, 25 PROVIDED PAYMENT SHALL FIRST BE MADE FOR ANY OTHER HEARING COSTS PAYABLE 26 BY THE COMMISSIONER, INCLUDING THE COSTS OF TRANSCRIBING THE RECORD, AND 27 PROVIDED FURTHER THAT NO SUCH CLAIM SHALL BE SET ASIDE FOR INSUFFICIENCY 28 OF FUNDS TO MAKE A COMPLETE PAYMENT, BUT SHALL BE ELIGIBLE FOR A PARTIAL 29 PAYMENT IN ONE YEAR AND SHALL RETAIN ITS PRIORITY DATE STATUS FOR APPRO- 30 PRIATIONS DESIGNATED FOR SUCH PURPOSE IN FUTURE YEARS. 31 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO 32 THE CONTRARY, FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR 33 AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE HEARING OFFICER SHALL BE 34 COMPENSATED FOR HIS OR HER ACTUAL HOURS OF SERVICE RENDERED IN THE 35 PERFORMANCE OF HIS OR HER DUTIES AS A HEARING OFFICER, PLUS ANY NECES- 36 SARY TRAVEL OR OTHER EXPENSES INCURRED IN THE PERFORMANCE OF SUCH DUTIES 37 IN ACCORDANCE WITH THE PROVISIONS OF THIS CLAUSE AND CLAUSE (C) OF THIS 38 SUBPARAGRAPH. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RATES FOR THE 39 COMPENSATION OF HEARING OFFICERS AND LIMITATIONS ON THE NUMBER OF STUDY 40 HOURS THAT MAY BE CLAIMED. 41 (C) THE COSTS OF COMPENSATING HEARING OFFICERS FOR ACTUAL HOURS OF 42 SERVICE, PLUS ANY NECESSARY TRAVEL AND OTHER EXPENSES INCURRED IN THE 43 PERFORMANCE OF SUCH DUTIES IN ACCORDANCE WITH CLAUSE (B) OF THIS SUBPAR- 44 AGRAPH AND THE REGULATIONS OF THE COMMISSIONER SHALL BE DIVIDED EQUALLY 45 BETWEEN THE EMPLOYING BOARD AND THE EMPLOYEE'S BARGAINING AGENT OR THE 46 EMPLOYEE IF NOT REPRESENTED BY A BARGAINING UNIT. UPON VERIFICATION AND 47 APPROVAL BY THE EMPLOYING BOARD AND THE EMPLOYEE OR THE EMPLOYEE'S 48 BARGAINING AGENT FOLLOWING COMPLETION OF THE HEARING, CLAIMS FOR PAYMENT 49 FOR SUCH SERVICES SHALL BE SUBMITTED TO THE RESPONSIBLE PARTIES. 50 (ii) Not later than ten days after the date the commissioner mails to 51 the employing board and the employee the list of potential hearing offi- 52 cers and biographies provided to the commissioner by the association, 53 the employing board and the employee, individually or through their 54 agents or representatives, shall by mutual agreement select a hearing 55 officer from said list to conduct the hearing and shall notify the 56 commissioner of their selection. S. 6257--A 22 A. 9057--A 1 (iii) If the employing board and the employee fail to agree on an 2 arbitrator to serve as a hearing officer from said list and so notify 3 the commissioner within ten days after receiving the list from the 4 commissioner, the commissioner shall request the association to appoint 5 a hearing officer from said list. 6 (iv) In those cases in which the employee elects to have the charges 7 heard by a hearing panel, the hearing panel shall consist of the hearing 8 officer, selected in accordance with this subdivision, and two addi- 9 tional persons, one selected by the employee and one selected by the 10 employing board, from a list maintained for such purpose by the commis- 11 sioner [of education]. The list shall be composed of professional 12 personnel with administrative or supervisory responsibility, profes- 13 sional personnel without administrative or supervisory responsibility, 14 chief school administrators, members of employing boards and others 15 selected from lists of nominees submitted to the commissioner by state- 16 wide organizations representing teachers, school administrators and 17 supervisors and the employing boards. Hearing panel members other than 18 the hearing officer shall be compensated [by the department of educa- 19 tion] at the rate of one hundred dollars for each day of actual service 20 [plus] AND SHALL BE REIMBURSED FOR necessary travel and subsistence 21 expenses IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CLAUSE (A) OR 22 CLAUSE (C) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH. The hearing officer 23 shall be compensated as set forth in this subdivision. The hearing offi- 24 cer shall be the [chairman] CHAIRPERSON of the hearing panel. 25 c. Hearing procedures. (i) (A) The commissioner [of education] shall 26 have the power to establish necessary rules and procedures for the 27 conduct of hearings under this section WHICH, FOR HEARINGS OTHER THAN 28 EXPEDITED HEARINGS PURSUANT TO SUBPARAGRAPH (I-A) OF THIS PARAGRAPH, 29 SHALL INCLUDE SPECIFIC TIMELINE REQUIREMENTS FOR CONDUCTING A HEARING 30 AND FOR RENDERING A FINAL DECISION. 31 (B) THE DEPARTMENT SHALL BE AUTHORIZED TO MONITOR AND INVESTIGATE A 32 HEARING OFFICER'S COMPLIANCE WITH SUCH TIMELINES, AS SET FORTH IN THE 33 REGULATIONS OF THE COMMISSIONER. THE COMMISSIONER SHALL ANNUALLY INFORM 34 ALL HEARING OFFICERS WHO HAVE HEARD CASES PURSUANT TO THIS SECTION 35 DURING THE PRECEDING YEAR THAT THE TIME PERIODS PRESCRIBED IN THE REGU- 36 LATIONS OF THE COMMISSIONER FOR CONDUCTING SUCH HEARINGS ARE TO BE 37 STRICTLY FOLLOWED. A RECORD OF CONTINUED FAILURE TO COMMENCE AND 38 COMPLETE HEARINGS WITHIN THE TIME PERIODS PRESCRIBED IN THE REGULATIONS 39 AUTHORIZED BY THIS SUBPARAGRAPH SHALL BE CONSIDERED GROUNDS FOR THE 40 COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM THE LIST OF POTENTIAL HEAR- 41 ING OFFICERS SENT TO THE EMPLOYING BOARD AND THE EMPLOYEE FOR SUCH HEAR- 42 INGS. 43 (C) Such rules shall not require compliance with technical rules of 44 evidence. Hearings shall be conducted by the hearing officer selected 45 pursuant to paragraph b of this subdivision with full and fair disclo- 46 sure of the nature of the case and evidence against the employee by the 47 employing board and shall be public or private at the discretion of the 48 employee. The employee shall have a reasonable opportunity to defend 49 himself or herself and an opportunity to testify in his or her own 50 behalf. The employee shall not be required to testify. Each party shall 51 have the right to be represented by counsel, to subpoena witnesses, and 52 to cross-examine witnesses. All testimony taken shall be under oath 53 which the hearing officer is hereby authorized to administer. 54 [A] (D) FOR HEARINGS COMMENCED BY THE FILING OF CHARGES PRIOR TO APRIL 55 FIRST, TWO THOUSAND TWELVE, A competent stenographer, designated by the 56 commissioner [of education] and compensated by the [state education] S. 6257--A 23 A. 9057--A 1 department, shall keep and transcribe a record of the proceedings at 2 each such hearing. A copy of the transcript of the hearings shall, upon 3 request, be furnished without charge to the employee and the board of 4 education involved. 5 (E) HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER APRIL 6 FIRST, TWO THOUSAND TWELVE, SHALL NOT BE RECORDED BY A STENOGRAPHER OR 7 ANY OTHER RECORDING MECHANISM UNLESS BOTH PARTIES AGREE PRIOR TO THE 8 COMMENCEMENT OF THE DISCIPLINARY HEARING. THE PARTY REQUESTING A TRAN- 9 SCRIPT OR RECORDING AT A DISCIPLINARY HEARING MAY PROVIDE FOR ONE AT ITS 10 OWN EXPENSE AND SHALL PROVIDE A COPY TO THE ARBITRATOR AND THE OTHER 11 PARTY UNLESS BOTH PARTIES AGREE TO SHARE THE COST OF SUCH TRANSCRIPT OR 12 RECORDING. THE USE OF A TRANSCRIPT CANNOT DELAY THE HEARING AND SHALL 13 NOT EXTEND THE DATE THE HEARING IS CLOSED. 14 (i-a)(A) Where charges of incompetence are brought based solely upon a 15 pattern of ineffective teaching or performance of a classroom teacher or 16 principal, as defined in section three thousand twelve-c of this arti- 17 cle, the hearing shall be conducted before and by a single hearing offi- 18 cer in an expedited hearing, which shall commence within seven days 19 after the pre-hearing conference and shall be completed within sixty 20 days after the pre-hearing conference. The hearing officer shall estab- 21 lish a hearing schedule at the pre-hearing conference to ensure that the 22 expedited hearing is completed within the required timeframes and to 23 ensure an equitable distribution of days between the employing board and 24 the charged employee. Notwithstanding any other law, rule or regulation 25 to the contrary, no adjournments may be granted that would extend the 26 hearing beyond such sixty days, except as authorized in this subpara- 27 graph. A hearing officer, upon request, may grant a limited and time 28 specific adjournment that would extend the hearing beyond such sixty 29 days if the hearing officer determines that the delay is attributable to 30 a circumstance or occurrence substantially beyond the control of the 31 requesting party and an injustice would result if the adjournment were 32 not granted. 33 (B) Such charges shall allege that the employing board has developed 34 and substantially implemented a teacher or principal improvement plan in 35 accordance with subdivision four of section three thousand twelve-c of 36 this article for the employee following the first evaluation in which 37 the employee was rated ineffective, and the immediately preceding evalu- 38 ation if the employee was rated developing. Notwithstanding any other 39 provision of law to the contrary, a pattern of ineffective teaching or 40 performance as defined in section three thousand twelve-c of this arti- 41 cle shall constitute very significant evidence of incompetence for 42 purposes of this section. Nothing in this subparagraph shall be 43 construed to limit the defenses which the employee may place before the 44 hearing officer in challenging the allegation of a pattern of ineffec- 45 tive teaching or performance. 46 (C) The commissioner shall annually inform all hearing officers who 47 have heard cases pursuant to this section during the preceding year that 48 the time periods prescribed in this subparagraph for conducting expe- 49 dited hearings are to be strictly followed. A record of continued fail- 50 ure to commence and complete expedited hearings within the time periods 51 prescribed in this subparagraph shall be considered grounds for the 52 commissioner to exclude such individual from the list of potential hear- 53 ing officers sent to the employing board and the employee for such expe- 54 dited hearings. 55 (ii) The hearing officer selected to conduct a hearing under this 56 section shall, within ten to fifteen days of agreeing to serve [as such] S. 6257--A 24 A. 9057--A 1 IN SUCH POSITION, hold a pre-hearing conference which shall be held in 2 the school district or county seat of the county, or any county, wherein 3 the employing school board is located. The pre-hearing conference shall 4 be limited in length to one day except that the hearing officer, in his 5 or her discretion, may allow one additional day for good cause shown. 6 (iii) At the pre-hearing conference the hearing officer shall have the 7 power to: 8 (A) issue subpoenas; 9 (B) hear and decide all motions, including but not limited to motions 10 to dismiss the charges; 11 (C) hear and decide all applications for bills of particular or 12 requests for production of materials or information, including, but not 13 limited to, any witness statement (or statements), investigatory state- 14 ment (or statements) or note (notes), exculpatory evidence or any other 15 evidence, including district or student records, relevant and material 16 to the employee's defense. 17 (iv) Any pre-hearing motion or application relative to the sufficiency 18 of the charges, application or amendment thereof, or any preliminary 19 matters shall be made upon written notice to the hearing officer and the 20 adverse party no less than five days prior to the date of the pre-hear- 21 ing conference. Any pre-hearing motions or applications not made as 22 provided for herein shall be deemed waived except for good cause as 23 determined by the hearing officer. 24 (v) In the event that at the pre-hearing conference the employing 25 board presents evidence that the professional license of the employee 26 has been revoked and all judicial and administrative remedies have been 27 exhausted or foreclosed, the hearing officer shall schedule the date, 28 time and place for an expedited hearing, which hearing shall commence 29 not more than seven days after the pre-hearing conference and which 30 shall be limited to one day. The expedited hearing shall be held in the 31 local school district or county seat of the county or any county, where- 32 in the said employing board is located. The expedited hearing shall not 33 be postponed except upon the request of a party and then only for good 34 cause as determined by the hearing officer. At such hearing, each party 35 shall have equal time in which to present its case. 36 (vi) During the pre-hearing conference, the hearing officer shall 37 determine the reasonable amount of time necessary for a final hearing on 38 the charge or charges and shall schedule the location, time(s) and 39 date(s) for the final hearing. The final hearing shall be held in the 40 local school district or county seat of the county, or any county, wher- 41 ein the said employing school board is located. In the event that the 42 hearing officer determines that the nature of the case requires the 43 final hearing to last more than one day, the days that are scheduled for 44 the final hearing shall be consecutive. The day or days scheduled for 45 the final hearing shall not be postponed except upon the request of a 46 party and then only for good cause shown as determined by the hearing 47 officer. In all cases, the final hearing shall be completed no later 48 than sixty days after the pre-hearing conference unless the hearing 49 officer determines that extraordinary circumstances warrant a limited 50 extension. 51 D. LIMITATION ON CLAIMS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 52 RULE OR REGULATION TO THE CONTRARY, NO PAYMENTS SHALL BE MADE BY THE 53 DEPARTMENT PURSUANT TO THIS SUBDIVISION ON OR AFTER APRIL FIRST, TWO 54 THOUSAND TWELVE FOR: (I) COMPENSATION OF A HEARING OFFICER OR HEARING 55 PANEL MEMBER, (II) REIMBURSEMENT OF SUCH HEARING OFFICERS OR PANEL 56 MEMBERS FOR NECESSARY TRAVEL OR OTHER EXPENSES INCURRED BY THEM, OR S. 6257--A 25 A. 9057--A 1 (III) FOR OTHER HEARING EXPENSES ON A CLAIM SUBMITTED LATER THAN ONE 2 YEAR AFTER THE FINAL DISPOSITION OF THE HEARING BY ANY MEANS, INCLUDING 3 SETTLEMENT, OR WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARA- 4 GRAPH, WHICHEVER IS LATER; PROVIDED THAT NO PAYMENT SHALL BE BARRED OR 5 REDUCED WHERE SUCH PAYMENT IS REQUIRED AS A RESULT OF A COURT ORDER OR 6 JUDGMENT OR A FINAL AUDIT. 7 4. Post hearing procedures. [(a)] A. The hearing officer shall render 8 a written decision within thirty days of the last day of the final hear- 9 ing, or in the case of an expedited hearing within ten days of such 10 expedited hearing, and shall [forthwith] forward a copy thereof to the 11 commissioner [of education] who shall immediately forward copies of the 12 decision to the employee and to the clerk or secretary of the employing 13 board. The written decision shall include the hearing officer's findings 14 of fact on each charge, his or her conclusions with regard to each 15 charge based on said findings and shall state what penalty or other 16 action, if any, shall be taken by the employing board. At the request of 17 the employee, in determining what, if any, penalty or other action shall 18 be imposed, the hearing officer shall consider the extent to which the 19 employing board made efforts towards correcting the behavior of the 20 employee which resulted in charges being brought under this section 21 through means including but not limited to: remediation, peer inter- 22 vention or an employee assistance plan. In those cases where a penalty 23 is imposed, such penalty may be a written reprimand, a fine, suspension 24 for a fixed time without pay, or dismissal. In addition to or in lieu of 25 the aforementioned penalties, the hearing officer, where he or she deems 26 appropriate, may impose upon the employee remedial action including but 27 not limited to leaves of absence with or without pay, continuing educa- 28 tion and/or study, a requirement that the employee seek counseling or 29 medical treatment or that the employee engage in any other remedial or 30 combination of remedial actions. 31 [(b)] B. Within fifteen days of receipt of the hearing officer's deci- 32 sion the employing board shall implement the decision. If the employee 33 is acquitted he or she shall be restored to his or her position with 34 full pay for any period of suspension without pay and the charges 35 expunged from the employment record. If an employee who was convicted of 36 a felony crime specified in paragraph [(b)] B of subdivision two of this 37 section, has said conviction reversed, the employee, upon application, 38 shall be entitled to have his OR HER pay and other emoluments restored, 39 for the period from the date of his OR HER suspension to the date of the 40 decision. 41 [(c)] C. The hearing officer shall indicate in the decision whether 42 any of the charges brought by the employing board were frivolous as 43 defined in section [eight thousand three] EIGHTY-THREE hundred three-a 44 of the civil practice law and rules. If the hearing [officers] OFFICER 45 finds that all of the charges brought against the employee were frivo- 46 lous, the hearing officer shall order the employing board to reimburse 47 the [state education] department the reasonable costs said department 48 incurred as a result of the proceeding and to reimburse the employee the 49 reasonable costs, including but not limited to reasonable attorneys' 50 fees, the employee incurred in defending the charges. If the hearing 51 officer finds that some but not all of the charges brought against the 52 employee were frivolous, the hearing officer shall order the employing 53 board to reimburse the [state education] department a portion, in the 54 discretion of the hearing officer, of the reasonable costs said depart- 55 ment incurred as a result of the proceeding and to reimburse the employ- 56 ee a portion, in the discretion of the hearing officer, of the reason- S. 6257--A 26 A. 9057--A 1 able costs, including but not limited to reasonable attorneys' fees, the 2 employee incurred in defending the charges. 3 5. Appeal. A. Not later than ten days after receipt of the hearing 4 officer's decision, the employee or the employing board may make an 5 application to the New York state supreme court to vacate or modify the 6 decision of the hearing officer pursuant to section [seven thousand 7 five] SEVENTY-FIVE hundred eleven of the civil practice law and rules. 8 The court's review shall be limited to the grounds set forth in such 9 section. The hearing panel's determination shall be deemed to be final 10 for the purpose of such proceeding. 11 B. In no case shall the filing or the pendency of an appeal delay the 12 implementation of the decision of the hearing officer. 13 S 2. This act shall take effect immediately, except that if this act 14 shall have become a law on or after April 1, 2012 this act shall take 15 effect immediately and shall be deemed to have been in full force and 16 effect on and after April 1, 2012. 17 PART C 18 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 19 section 131-o of the social services law, as amended by section 1 of 20 part S of chapter 58 of the laws of 2011, are amended to read as 21 follows: 22 (a) in the case of each individual receiving family care, an amount 23 equal to at least [$130.00] $135.00 for each month beginning on or after 24 January first, two thousand [eleven] TWELVE. 25 (b) in the case of each individual receiving residential care, an 26 amount equal to at least [$150.00] $155.00 for each month beginning on 27 or after January first, two thousand [eleven] TWELVE. 28 (c) in the case of each individual receiving enhanced residential 29 care, an amount equal to at least [$178.00] $184.00 for each month 30 beginning on or after January first, two thousand [eleven] TWELVE. 31 (d) for the period commencing January first, two thousand [twelve] 32 THIRTEEN, the monthly personal needs allowance shall be an amount equal 33 to the sum of the amounts set forth in subparagraphs one and two of this 34 paragraph: 35 (1) the amounts specified in paragraphs (a), (b) and (c) of this 36 subdivision; and 37 (2) the amount in subparagraph one of this paragraph, multiplied by 38 the percentage of any federal supplemental security income cost of 39 living adjustment which becomes effective on or after January first, two 40 thousand [twelve] THIRTEEN, but prior to June thirtieth, two thousand 41 [twelve] THIRTEEN, rounded to the nearest whole dollar. 42 S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 43 section 209 of the social services law, as amended by section 2 of part 44 S of chapter 58 of the laws of 2011, are amended to read as follows: 45 (a) On and after January first, two thousand [eleven] TWELVE, for an 46 eligible individual living alone, [$761.00] $785.00; and for an eligible 47 couple living alone, [$1115.00] $1152.00. 48 (b) On and after January first, two thousand [eleven] TWELVE, for an 49 eligible individual living with others with or without in-kind income, 50 [$697.00] $721.00; and for an eligible couple living with others with or 51 without in-kind income, [$1057.00] $1094.00. 52 (c) On and after January first, two thousand [eleven] TWELVE, (i) for 53 an eligible individual receiving family care, [$940.48] $964.48 if he or 54 she is receiving such care in the city of New York or the county of S. 6257--A 27 A. 9057--A 1 Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible 2 couple receiving family care in the city of New York or the county of 3 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth 4 in subparagraph (i) of this paragraph; or (iii) for an eligible individ- 5 ual receiving such care in any other county in the state, [$902.48] 6 $926.48; and (iv) for an eligible couple receiving such care in any 7 other county in the state, two times the amount set forth in subpara- 8 graph (iii) of this paragraph. 9 (d) On and after January first, two thousand [eleven] TWELVE, (i) for 10 an eligible individual receiving residential care, [$1109.00] $1133.00 11 if he or she is receiving such care in the city of New York or the coun- 12 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible 13 couple receiving residential care in the city of New York or the county 14 of Nassau, Suffolk, Westchester or Rockland, two times the amount set 15 forth in subparagraph (i) of this paragraph; or (iii) for an eligible 16 individual receiving such care in any other county in the state, 17 [$1079.00] $1103.00; and (iv) for an eligible couple receiving such care 18 in any other county in the state, two times the amount set forth in 19 subparagraph (iii) of this paragraph. 20 (e) (i) On and after January first, two thousand [eleven] TWELVE, for 21 an eligible individual receiving enhanced residential care, [$1368.00] 22 $1392.00; and (ii) for an eligible couple receiving enhanced residential 23 care, two times the amount set forth in subparagraph (i) of this para- 24 graph. 25 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 26 vision shall be increased to reflect any increases in federal supple- 27 mental security income benefits for individuals or couples which become 28 effective on or after January first, two thousand [twelve] THIRTEEN but 29 prior to June thirtieth, two thousand [twelve] THIRTEEN. 30 S 3. This act shall take effect July 1, 2012. 31 PART D 32 Section 1. Paragraph (a-3) of subdivision 2 of section 131-a of the 33 social services law, as amended by section 2 of part U of chapter 58 of 34 the laws of 2011, is amended and a new paragraph (a-4) is added to read 35 as follows: 36 (a-3) For the period beginning July first, two thousand twelve and 37 [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, the following 38 schedule shall be the standard of monthly need for determining eligibil- 39 ity for all categories of assistance in and by all social services 40 districts: 41 Number of Persons in Household 42 One Two Three Four Five Six 43 [$158] [$252] [$335] [$432] [$533] [$616] 44 $150 $239 $317 $409 $505 $583 45 For each additional person in the household there shall be added an 46 additional amount of [eighty-four] EIGHTY dollars monthly. 47 (A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND 48 THEREAFTER, THE FOLLOWING SHALL BE THE STANDARD OF MONTHLY NEED FOR 49 DETERMINING ELIGIBILITY FOR ALL CATEGORIES OF ASSISTANCE IN AND BY ALL 50 SOCIAL SERVICES DISTRICTS: 51 NUMBER OF PERSONS IN HOUSEHOLD 52 ONE TWO THREE FOUR FIVE SIX 53 $158 $252 $336 $433 $534 $617 S. 6257--A 28 A. 9057--A 1 FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN 2 ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY. 3 S 2. Paragraph (a-3) of subdivision 3 of section 131-a of the social 4 services law, as amended by section 4 of part U of chapter 58 of the 5 laws of 2011, is amended and a new paragraph (a-4) is added to read as 6 follows: 7 (a-3) For the period beginning July first, two thousand twelve and 8 [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, persons and 9 families determined to be eligible by the application of the standard of 10 need prescribed by the provisions of subdivision two of this section, 11 less any available income or resources which are not required to be 12 disregarded by other provisions of this chapter, shall receive maximum 13 monthly grants and allowances in all social services districts, in 14 accordance with the following schedule, for public assistance: 15 Number of Persons in Household 16 One Two Three Four Five Six 17 [$158] [$252] [$335] [$432] [$533] [$616] 18 $150 $239 $317 $409 $505 $583 19 For each additional person in the household there shall be added an 20 additional amount of [eighty-four] EIGHTY dollars monthly. 21 (A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND 22 THEREAFTER, PERSONS AND FAMILIES DETERMINED TO BE ELIGIBLE BY THE APPLI- 23 CATION OF THE STANDARD OF NEED PRESCRIBED BY THE PROVISIONS OF SUBDIVI- 24 SION TWO OF THIS SECTION, LESS ANY AVAILABLE INCOME OR RESOURCES WHICH 25 ARE NOT REQUIRED TO BE DISREGARDED BY OTHER PROVISIONS OF THIS CHAPTER, 26 SHALL RECEIVE MAXIMUM MONTHLY GRANTS AND ALLOWANCES IN ALL SOCIAL 27 SERVICES DISTRICTS, IN ACCORDANCE WITH THE FOLLOWING SCHEDULE, FOR 28 PUBLIC ASSISTANCE: 29 NUMBER OF PERSONS IN HOUSEHOLD 30 ONE TWO THREE FOUR FIVE SIX 31 $158 $252 $336 $433 $534 $617 32 FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN 33 ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY. 34 S 3. This act shall take effect immediately and shall be deemed to 35 have been in full force and effect on and after April 1, 2012. 36 PART E 37 Section 1. Paragraph (f) of subdivision 3 of section 22 of the social 38 services law, as relettered by chapter 611 of the laws of 1979, is 39 relettered paragraph (g) and a new paragraph (f) is added to read as 40 follows: 41 (F) UNLESS AN AGREEMENT IS IN EFFECT FOR FEDERAL ADMINISTRATION OF 42 ADDITIONAL STATE PAYMENTS PURSUANT TO SECTION TWO HUNDRED ELEVEN OF THIS 43 CHAPTER, APPLICANTS FOR AND RECIPIENTS OF ADDITIONAL STATE PAYMENTS AS 44 DEFINED IN SUBDIVISION TWO OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER; 45 AND 46 S 2. Subdivision 2 of section 208 of the social services law, as added 47 by chapter 1080 of the laws of 1974, is amended to read as follows: 48 2. "Additional state payments" shall mean payments made to aged, blind 49 and disabled persons who are receiving, or who would but for their 50 income be eligible to receive, federal supplemental security income 51 benefits, whether made by [social services districts] THE OFFICE OF 52 TEMPORARY AND DISABILITY ASSISTANCE in accordance with the provisions of 53 this title and with title sixteen of the federal social security act, or 54 by the [secretary] COMMISSIONER of the [federal department of health, S. 6257--A 29 A. 9057--A 1 education and welfare] UNITED STATES SOCIAL SECURITY ADMINISTRATION, 2 pursuant to and in accordance with the provisions of this title, title 3 sixteen of the federal social security act, and provisions of any agree- 4 ment entered into between the state and such [secretary] COMMISSIONER by 5 which the [secretary] COMMISSIONER agrees to administer such additional 6 state payments on behalf of the state. SUCH PAYMENTS ARE EQUAL TO THE 7 STANDARD OF NEED, LESS THE GREATER OF THE FEDERAL BENEFIT RATE OR COUNT- 8 ABLE INCOME. FOR PURPOSES OF THIS TITLE, THE "FEDERAL BENEFIT RATE" 9 SHALL MEAN THE MAXIMUM PAYMENT OF SUPPLEMENTAL SECURITY INCOME PAYABLE 10 TO A PERSON OR COUPLE WITH NO COUNTABLE INCOME. 11 S 3. Section 208 of the social services law is amended by adding a new 12 subdivision 12 to read as follows: 13 12. THE TERM "STANDARD OF NEED" SHALL REFER SOLELY TO THE MAXIMUM 14 LEVEL OF INCOME A PERSON OR COUPLE MAY HAVE AND REMAIN ELIGIBLE FOR 15 ADDITIONAL STATE PAYMENTS UNDER THIS TITLE. THE TERM APPLIES SOLELY TO 16 THE PROGRAM OF ADDITIONAL STATE PAYMENTS AND HAS NO APPLICATION TO ANY 17 OTHER PROGRAM OR BENEFIT. 18 S 4. Paragraph (a) of subdivision 1 of section 209 of the social 19 services law, as added by chapter 1080 of the laws of 1974 and subpara- 20 graph (iv) as amended by chapter 214 of the laws of 1998, is amended to 21 read as follows: 22 (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO PERSON SHALL BE ELIGI- 23 BLE FOR ANY PAYMENT PURSUANT TO THIS TITLE WHO IS INELIGIBLE FOR SUPPLE- 24 MENTAL SECURITY INCOME FOR ANY REASON OTHER THAN HAVING COUNTABLE INCOME 25 EXCEEDING THE FEDERAL BENEFIT RATE FOR SUCH PROGRAM. An individual shall 26 be eligible to receive additional state payments if he OR SHE HAS 27 APPLIED FOR SUPPLEMENTAL SECURITY INCOME BENEFITS, HAS RECEIVED A DETER- 28 MINATION WITH RESPECT TO SUCH APPLICATION AND: 29 (i) is over sixty-five years of age, or is blind or disabled; and 30 (ii) does not have countable income in an amount equal to or greater 31 than the standard of need established in subdivision two of this 32 section; and 33 (iii) does not have countable resources in an amount equal to or 34 greater than the amount of resources an individual or couple may have 35 and remain eligible for supplemental security income benefits pursuant 36 to federal law and regulations of the department; and 37 (iv) is a resident of the state and is either a citizen of the United 38 States or is not an alien who is or would be ineligible for federal 39 supplemental security income benefits solely by reason of alien status. 40 S 5. Subdivision 1 of section 212 of the social services law is 41 REPEALED and a new subdivision 1 is added to read as follows: 42 1. IF THERE IS NO AGREEMENT IN EFFECT FOR FEDERAL ADMINISTRATION OF 43 ADDITIONAL STATE PAYMENTS PURSUANT TO SECTION TWO HUNDRED ELEVEN OF THIS 44 TITLE, THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY 45 ASSISTANCE SHALL BE RESPONSIBLE FOR PROVIDING SUCH PAYMENTS TO ELIGIBLE 46 RESIDENTS OF THE STATE AS REQUIRED BY THIS TITLE AND SHALL: 47 (A) ACCEPT AND PROCESS APPLICATIONS FOR ADDITIONAL STATE PAYMENTS TO 48 BE MADE PURSUANT TO THIS TITLE; 49 (B) DETERMINE ELIGIBILITY FOR AND THE AMOUNT OF ADDITIONAL STATE 50 PAYMENTS IN ACCORDANCE WITH THIS TITLE; 51 (C) REDETERMINE ELIGIBILITY PERIODICALLY AS THE OFFICE MAY REQUIRE; 52 PROVIDED, HOWEVER, THAT ANY SUCH REDETERMINATIONS SHALL BE NO MORE 53 FREQUENT THAN PROVIDED BY THE APPLICABLE REGULATIONS OF THE UNITED 54 STATES SOCIAL SECURITY ADMINISTRATION; AND 55 (D) TAKE ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF 56 THIS TITLE. S. 6257--A 30 A. 9057--A 1 S 6. Subparagraph 2 of paragraph (a) of subdivision 1 of section 366 2 of the social services law, as added by chapter 1080 of the laws of 3 1974, is amended to read as follows: 4 (2) is receiving or is eligible to receive federal supplemental secu- 5 rity income payments and/or additional state payments[, so long as there 6 is in effect an agreement between the state and the secretary of health, 7 education and welfare, pursuant to section three hundred sixty-three-b 8 of this title, for the federal determination of eligibility of aged, 9 blind and disabled persons for medical assistance, and so long as such 10 secretary requires, as a condition of entering into such agreement, that 11 such person be eligible for medical assistance] PURSUANT TO TITLE SIX OF 12 THIS ARTICLE; ANY INCONSISTENT PROVISION OF THIS CHAPTER OR OTHER LAW 13 NOTWITHSTANDING, THE DEPARTMENT MAY DESIGNATE THE OFFICE OF TEMPORARY 14 AND DISABILITY ASSISTANCE AS ITS AGENT TO DISCHARGE ITS RESPONSIBILITY, 15 OR SO MUCH OF ITS RESPONSIBILITY AS IS PERMITTED BY FEDERAL LAW, FOR 16 DETERMINING ELIGIBILITY FOR MEDICAL ASSISTANCE WITH RESPECT TO PERSONS 17 WHO ARE NOT ELIGIBLE TO RECEIVE FEDERAL SUPPLEMENTAL SECURITY INCOME 18 PAYMENTS BUT WHO ARE RECEIVING A STATE ADMINISTERED SUPPLEMENTARY 19 PAYMENT OR MANDATORY MINIMUM SUPPLEMENT IN ACCORDANCE WITH THE 20 PROVISIONS OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THIS 21 ARTICLE; or 22 S 7. This act shall take effect immediately. 23 PART F 24 Section 1. Section 28 of part C of chapter 83 of the laws of 2002, 25 amending the executive law and other laws relating to funding for chil- 26 dren and family services, as amended by section 1 of part Q of chapter 27 57 of the laws of 2009, is amended to read as follows: 28 S 28. This act shall take effect immediately; provided that sections 29 nine through eighteen and twenty through twenty-seven of this act shall 30 be deemed to have been in full force and effect on and after April 1, 31 2002; provided, however, that section fifteen of this act shall apply to 32 claims that are otherwise reimbursable by the state on or after April 1, 33 2002 except as provided in subdivision 9 of section 153-k of the social 34 services law as added by section fifteen of this act; provided further 35 however, that nothing in this act shall authorize the office of children 36 and family services to deny state reimbursement to a social services 37 district for violations of the provisions of section 153-d of the social 38 services law for services provided from January 1, 1994 through March 39 31, 2002; provided that section nineteen of this act shall take effect 40 September 13, 2002 AND SHALL EXPIRE AND BE DEEMED REPEALED JUNE 30, 41 2012; and, provided further, however, that notwithstanding any law to 42 the contrary, the office of children and family services shall have the 43 authority to promulgate, on an emergency basis, any rules and regu- 44 lations necessary to implement the requirements established pursuant to 45 this act; provided further, however, that the regulations to be devel- 46 oped pursuant to section one of this act shall not be adopted by emer- 47 gency rule; and provided further that the provisions of sections nine 48 THROUGH EIGHTEEN AND TWENTY through twenty-seven of this act shall 49 expire and be deemed repealed on June 30, [2012] 2017. 50 S 2. Paragraph (a) of subdivision 1 of section 153-k of the social 51 services law, as added by section 15 of part C of chapter 83 of the laws 52 of 2002, is amended to read as follows: 53 (a) Expenditures made by social services districts for child protec- 54 tive services, preventive services provided, as applicable, to eligible S. 6257--A 31 A. 9057--A 1 children and families of children who are in and out of foster care 2 placement, independent living services, aftercare services, and adoption 3 administration and services other than adoption subsidies provided 4 pursuant to article six of this chapter and the regulations of the 5 department of family assistance shall, if approved by the office of 6 children and family services, be subject to [sixty-five] SIXTY-TWO 7 percent state reimbursement exclusive of any federal funds made avail- 8 able for such purposes, in accordance with the directives of the depart- 9 ment of family assistance and subject to the approval of the director of 10 the budget. 11 S 3. Paragraph (a) of subdivision 2 of section 153-k of the social 12 services law, as added by section 15 of part C of chapter 83 of the laws 13 of 2002, is amended to read as follows: 14 (a) Notwithstanding the provisions of this chapter or of any other law 15 to the contrary, eligible expenditures by a social services district for 16 foster care services AND KINSHIP GUARDIANSHIP ASSISTANCE shall be 17 subject to reimbursement with state funds only to the extent of annual 18 appropriations to the state foster care block grant. Such foster care 19 services shall include expenditures for the provision and administration 20 of: care, maintenance, supervision and tuition; supervision of foster 21 children placed in federally funded job corps programs; and care, main- 22 tenance, supervision and tuition for adjudicated juvenile delinquents 23 and persons in need of supervision placed in residential programs oper- 24 ated by authorized agencies and in out-of-state residential programs. 25 SUCH KINSHIP GUARDIANSHIP ASSISTANCE SHALL INCLUDE EXPENDITURES FOR THE 26 PROVISION AND ADMINISTRATION OF KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS 27 AND NON-RECURRING GUARDIANSHIP EXPENSES MADE PURSUANT TO TITLE TEN OF 28 ARTICLE SIX OF THIS CHAPTER. Social services districts must develop and 29 implement children and family services delivery systems that are 30 designed to reduce the need for and the length of foster care placements 31 and must document their efforts in the multi-year consolidated services 32 plan and the annual implementation reports submitted pursuant to section 33 thirty-four-a of this chapter. 34 S 4. Subdivision 1 of section 456 of the social services law, as 35 amended by chapter 601 of the laws of 1994, is amended to read as 36 follows: 37 1. Payments made by social services officials pursuant to the 38 provisions of this title shall, if approved by the department, be 39 subject to reimbursement by the state, in accordance with the regu- 40 lations of the department as follows: there shall be paid to each 41 social services district (a) the amount of federal funds, if any, prop- 42 erly received or to be received on account of such payments; and (b) 43 except as set forth below, [seventy-five] SIXTY-TWO per centum of such 44 payments after first deducting therefrom any federal funds properly 45 received or to be received on account thereof; provided, however, that 46 when payments under section four hundred fifty-three of this title are 47 made to a person or persons residing in a social services district whose 48 board rate exceeds that of the district making such payments, that 49 portion of the payments which exceeds the board rate of the district 50 making the payments shall be subject to reimbursement by the state in 51 the amount of one hundred per centum thereof, (c) one hundred per centum 52 of such payments after first deducting therefrom any federal funds prop- 53 erly to be received on account of such payments, for children placed out 54 for adoption by a voluntary authorized agency or for children being 55 adopted after being placed out for adoption by a voluntary authorized 56 agency in accordance with the provisions of this title, or (d) one S. 6257--A 32 A. 9057--A 1 hundred per centum of such payments after first deducting therefrom any 2 federal funds properly to be received on account of such payments, for 3 children placed out for adoption or being adopted after being placed out 4 for adoption by an Indian tribe as referenced in subdivision seven of 5 section four hundred fifty-one of this title. 6 S 5. This act shall take effect immediately and shall be deemed to 7 have been in full force and effect on and after April 1, 2012; provided, 8 however, that the amendments to paragraph (a) of subdivision 1 and para- 9 graph (a) of subdivision 2 of section 153-k of the social services law 10 made by sections two and three of this act shall not affect the repeal 11 of such section and shall be deemed repealed therewith. 12 PART G 13 Section 1. This part enacts into law major components of legislation 14 which are necessary for establishing a juvenile justice services close 15 to home initiative. Each component is wholly contained within a subpart 16 identified as subparts A through B. The effective date for each partic- 17 ular provision contained within such subpart is set forth in the last 18 section of such subpart. Any provision in any section contained within a 19 subpart, including the effective date of the subpart, which makes refer- 20 ence to a section "of this act", when used in connection with that 21 particular component, shall be deemed to mean and refer to the corre- 22 sponding section of the subpart in which it is found. Section four of 23 this part sets forth the general effective date of this act. 24 S 2. Legislative intent. In order to provide a juvenile justice system 25 that ensures public safety and improves short and long term outcomes for 26 youth and their families, it is the intent of this legislation to 27 authorize the city of New York to provide juvenile justice services to 28 all adjudicated juvenile delinquents who reside in the city, and are 29 determined by the family court to need placement other than in a secure 30 facility. This legislation aims to transform the juvenile justice system 31 by authorizing the city to develop a system for its youth that strives 32 to: 33 a) provide an effective continuum of diversion, supervision, treatment 34 and confinement, ensuring that the least restrictive, most appropriate 35 level of care is provided for all youth, consistent with public safety, 36 keeping youth close to home, minimizing the dislocation of youth from 37 their families and building on positive connections between young people 38 and their communities; 39 b) provide accountability of the system and organizations within the 40 system, ensuring that both internal and external mechanisms for over- 41 sight of the system are maintained; 42 c) be data-driven, ensuring that objective instruments are employed at 43 all key decision making stages and that system actors readily and trans- 44 parently share information to inform ongoing changes in policy and prac- 45 tice; 46 d) promote family and community involvement, ensuring that positive 47 family and community supports are actively engaged; 48 e) be based on evidence-informed practices, ensuring that programs and 49 services provided are shown to have worked in improving outcomes for 50 youth, maintaining public safety and reducing unnecessary confinement 51 and recidivism and unwarranted racial/ethnic disparities; and 52 f) provide effective reintegration services, ensuring that youth 53 remain connected to appropriate educational services and positive behav- S. 6257--A 33 A. 9057--A 1 ioral supports and/or treatment modalities upon transitioning home from 2 placement. 3 SUBPART A 4 Section 1. The social services law is amended by adding a new section 5 404 to read as follows: 6 S 404. JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE. 1. A 7 SOCIAL SERVICES DISTRICT IN A CITY WITH A POPULATION IN EXCESS OF ONE 8 MILLION MAY IMPLEMENT A CLOSE TO HOME INITIATIVE TO PROVIDE JUVENILE 9 JUSTICE SERVICES TO ALL ADJUDICATED JUVENILE DELINQUENTS DETERMINED BY A 10 FAMILY COURT IN SUCH DISTRICT AS NEEDING PLACEMENT OTHER THAN IN A 11 SECURE FACILITY AND TO ENTER INTO CONTRACTS WITH ANY AUTHORIZED AGENCY, 12 AS DEFINED BY SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER, TO 13 OPERATE AND MAINTAIN NON-SECURE AND LIMITED SECURE FACILITIES. 14 2. A SOCIAL SERVICES DISTRICT SHALL OBTAIN PRIOR APPROVAL FROM THE 15 OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STATE DIVISION OF BUDGET 16 OF ITS PLAN FOR ESTABLISHING AND IMPLEMENTING SUCH AN INITIATIVE IN 17 ACCORDANCE WITH GUIDELINES ESTABLISHED AND IN THE FORMAT, AND INCLUDING 18 THE INFORMATION REQUIRED, BY SUCH OFFICE. SUCH DISTRICT MAY SUBMIT SEPA- 19 RATE PLANS FOR HOW THE DISTRICT WILL IMPLEMENT INITIATIVES FOR JUVENILE 20 DELINQUENTS PLACED IN NON-SECURE SETTINGS AND IN LIMITED SECURE 21 SETTINGS. ANY SUCH PLAN SHALL SPECIFY, IN DETAIL, AS APPLICABLE: 22 (A) HOW THE DISTRICT WILL PROVIDE A CONTINUUM OF EVIDENCE INFORMED, 23 HIGH-QUALITY COMMUNITY-BASED AND RESIDENTIAL PROGRAMMING THAT WILL 24 PROTECT COMMUNITY SAFETY AND PROVIDE APPROPRIATE SERVICES TO YOUTH, 25 INCLUDING THE OPERATION OF NON-SECURE AND LIMITED SECURE FACILITIES, IN 26 SUFFICIENT CAPACITY AND IN A MANNER DESIGNED TO MEET THE NEEDS OF JUVE- 27 NILE DELINQUENTS CARED FOR UNDER THE INITIATIVE. SUCH PROGRAMMING SHALL 28 BE BASED ON AN ANALYSIS OF RECENT PLACEMENT TRENDS OF YOUTH FROM WITHIN 29 SUCH DISTRICT, INCLUDING THE NUMBER OF YOUTH WHO HAVE BEEN PLACED IN THE 30 CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR PLACEMENT IN 31 OTHER THAN A SECURE FACILITY; 32 (B) THE ANTICIPATED START-UP AND ON-GOING SERVICES AND ADMINISTRATIVE 33 COSTS OF THE INITIATIVE; 34 (C) THE READINESS OF THE DISTRICT TO ESTABLISH THE INITIATIVE AND THE 35 AVAILABILITY OF ALL NEEDED RESOURCES, INCLUDING THE LOCATION OF SERVICES 36 AND AVAILABILITY OF THE PROVIDERS THAT WILL PROVIDE ALL NECESSARY 37 SERVICES UNDER THE INITIATIVE INCLUDING, BUT NOT LIMITED TO, RESIDEN- 38 TIAL, NON-RESIDENTIAL, EDUCATIONAL, MEDICAL, SUBSTANCE ABUSE, MENTAL 39 HEALTH AND AFTER CARE SERVICES AND COMMUNITY SUPERVISION; 40 (D) THE PROPOSED EFFECTIVE DATE OF THE PLAN AND DOCUMENTATION OF THE 41 DISTRICT'S READINESS TO BEGIN ACCEPTING AND APPROPRIATELY SERVING JUVE- 42 NILE DELINQUENTS UNDER THE PLAN; 43 (E) HOW THE DISTRICT WILL PROVIDE NECESSARY AND APPROPRIATE STAFFING 44 TO IMPLEMENT THE INITIATIVE; 45 (F) HOW THE DISTRICT WILL MONITOR THE QUALITY OF SERVICES PROVIDED TO 46 YOUTH, INCLUDING HOW THE DISTRICT WILL PROVIDE CASE MANAGEMENT SERVICES; 47 (G) HOW, THROUGHOUT THE INITIATIVE, THE DISTRICT WILL SEEK AND RECEIVE 48 ON-GOING COMMUNITY AND STAKEHOLDER INPUT RELATING TO THE IMPLEMENTATION 49 AND EFFECTIVENESS OF THE INITIATIVE; 50 (H) HOW THE DISTRICT WILL ENSURE THAT ALL STAFF WORKING DIRECTLY WITH 51 YOUTH SERVED UNDER THE INITIATIVE HAVE RECEIVED NECESSARY AND APPROPRI- 52 ATE TRAINING; 53 (I) HOW THE DISTRICT WILL MONITOR THE USE OF RESTRAINTS ON YOUTH, 54 INCLUDING, BUT NOT LIMITED TO, THE USE OF MECHANICAL RESTRAINTS; S. 6257--A 34 A. 9057--A 1 (J) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT PROGRAMS AND POLICIES 2 TO ENSURE PROGRAM SAFETY AND THAT YOUTH RECEIVE APPROPRIATE SERVICES 3 BASED ON THEIR NEEDS, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL, BEHAV- 4 IORAL, MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES IN ACCORDANCE WITH 5 INDIVIDUALIZED TREATMENT PLANS DEVELOPED FOR EACH YOUTH; 6 (K) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT GENDER SPECIFIC 7 PROGRAMMING AND POLICIES TO MEET THE SPECIALIZED NEEDS OF LESBIAN, GAY, 8 BISEXUAL OR TRANSGENDER YOUTH; 9 (L) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT PROGRAMMING THAT IS 10 CULTURALLY COMPETENT TO MEET THE DIVERSE NEEDS OF THE YOUTH; 11 (M) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT LOCAL PROGRAMS THAT 12 WILL SEEK TO REDUCE THE DISPROPORTIONATE PLACEMENT OF MINORITY YOUTH IN 13 RESIDENTIAL PROGRAMS IN THE JUVENILE JUSTICE SYSTEM; 14 (N) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT A PLAN TO REDUCE THE 15 NUMBER OF YOUTH ABSENT WITHOUT LEAVE FROM PLACEMENT; 16 (O) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT POLICIES TO SERVE 17 YOUTH IN THE LEAST RESTRICTIVE SETTING CONSISTENT WITH THE NEEDS OF 18 YOUTH AND PUBLIC SAFETY, AND TO AVOID MODIFICATIONS OF PLACEMENTS TO THE 19 OFFICE OF CHILDREN AND FAMILY SERVICES; 20 (P) HOW THE DISTRICT WILL ENGAGE IN PERMANENCY AND DISCHARGE PLANNING 21 FOR JUVENILE DELINQUENTS PLACED IN ITS CUSTODY; 22 (Q) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT A COMPREHENSIVE AFTER 23 CARE PROGRAM TO PROVIDE SERVICES AND SUPPORTS FOR YOUTH WHO HAVE RE-EN- 24 TERED THE COMMUNITY FOLLOWING A JUVENILE JUSTICE PLACEMENT WITH THE 25 DISTRICT; 26 (R) HOW THE DISTRICT WILL DEVELOP AND IMPLEMENT POLICIES FOCUSED ON 27 REDUCING RECIDIVISM OF YOUTH WHO LEAVE THE PROGRAM; 28 (S) HOW THE LOCAL PROBATION DEPARTMENT WILL IMPLEMENT A COMPREHENSIVE 29 PREDISPOSITION INVESTIGATION PROCESS THAT INCLUDES, AT LEAST, THE USE OF 30 APPROPRIATE ASSESSMENTS TO DETERMINE THE COGNITIVE, 31 EDUCATIONAL/VOCATIONAL, AND SUBSTANCE ABUSE NEEDS OF THE YOUTH AND THE 32 USE OF A VALIDATED RISK ASSESSMENT INSTRUMENT, APPROVED BY THE OFFICE OF 33 CHILDREN AND FAMILY SERVICES; AND HOW THE DISTRICT WILL IMPLEMENT AN 34 INTAKE PROCESS FOR YOUTH PLACED IN RESIDENTIAL CARE THAT INCLUDES THE 35 USE OF APPROPRIATE ASSESSMENTS TO DETERMINE THE MEDICAL, DENTAL, MENTAL 36 AND BEHAVIORAL HEALTH NEEDS OF THE YOUTH; AND 37 (T) HOW THE DISTRICT WILL PROVIDE FOR THE RESTRICTIVE SETTING AND 38 PROGRAMS NECESSARY TO SERVE YOUTH WHO NEED PLACEMENT IN A LIMITED SECURE 39 SETTING CONSISTENT WITH THE NECESSITY FOR THE PROTECTION OF THE HEALTH 40 OR SAFETY OF THE JUVENILE DELINQUENTS IN THE FACILITY OR THE SURROUNDING 41 COMMUNITY. 42 3. PRIOR TO SUBMITTING ANY PLAN PURSUANT TO SUBDIVISION TWO OF THIS 43 SECTION, THE SOCIAL SERVICES DISTRICT SHALL CONDUCT AT LEAST ONE PUBLIC 44 HEARING ON THE PROPOSED PLAN. ANY SUCH PUBLIC HEARINGS SHALL ONLY BE 45 HELD AFTER THIRTY DAYS NOTICE HAS BEEN PROVIDED IN A NEWSPAPER OF GENER- 46 AL CIRCULATION WITHIN THE JURISDICTION FOR WHICH THE SOCIAL SERVICES 47 DISTRICT IS LOCATED. THE NOTICE SHALL SPECIFY THE TIMES OF THE PUBLIC 48 HEARING AND PROVIDE INFORMATION ON HOW WRITTEN COMMENT ON THE PLAN MAY 49 BE SUBMITTED TO THE DISTRICT FOR CONSIDERATION. ADDITIONALLY, FOR A 50 PERIOD OF AT LEAST THIRTY DAYS PRIOR TO A HEARING, THE DISTRICT SHALL 51 POST ON ITS WEBSITE A NOTICE OF THE HEARING, A COPY OF THE PROPOSED 52 PLAN, AND INFORMATION ON HOW WRITTEN COMMENTS ON THE PLAN MAY BE SUBMIT- 53 TED TO THE DISTRICT FOR CONSIDERATION. 54 4. THE SOCIAL SERVICES DISTRICT SHALL SUBMIT, WITH SUCH A PLAN, AN 55 ASSESSMENT OF ANY WRITTEN COMMENTS RECEIVED, AND ANY COMMENTS PRESENTED 56 AT THE PUBLIC HEARING. AT A MINIMUM, SUCH ASSESSMENT SHALL CONTAIN: S. 6257--A 35 A. 9057--A 1 (A) A SUMMARY AND ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT ALTER- 2 NATIVES SUGGESTED; 3 (B) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE 4 NOT INCORPORATED INTO THE PLAN; AND 5 (C) A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF SUCH 6 COMMENTS. 7 5. THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE STATE DIVISION 8 OF BUDGET, IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH, SHALL BE 9 AUTHORIZED TO REQUEST AMENDMENTS TO ANY PLAN PRIOR TO APPROVAL. FOR ANY 10 PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE 11 SETTINGS, THE OFFICE AND THE DIVISION SHALL, WITHIN THIRTY DAYS OF 12 RECEIVING THE PLAN, EITHER APPROVE OR DISAPPROVE THE PLAN OR REQUEST 13 AMENDMENTS TO THE PLAN. IF ANY AMENDMENTS ARE REQUESTED TO THE PLAN, THE 14 OFFICE AND THE DIVISION SHALL APPROVE OR DISAPPROVE THE PLAN WITHIN 15 FIFTEEN DAYS OF ITS RESUBMISSION WITH THE REQUESTED AMENDMENTS. FOR ANY 16 PLAN THAT COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, 17 THE OFFICE AND THE DIVISION SHALL, WITHIN SIXTY DAYS OF RECEIVING THE 18 PLAN, EITHER APPROVE OR DISAPPROVE THE PLAN OR REQUEST AMENDMENTS TO THE 19 PLAN. IF ANY AMENDMENTS ARE REQUESTED TO THE PLAN, THE OFFICE AND THE 20 DIVISION SHALL APPROVE OR DISAPPROVE THE PLAN WITHIN FIFTEEN DAYS OF ITS 21 RESUBMISSION WITH THE REQUESTED AMENDMENTS. 22 6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF 23 THE OFFICE OF CHILDREN AND FAMILY SERVICES APPROVES A SOCIAL SERVICES 24 DISTRICT'S PLAN TO IMPLEMENT A JUVENILE JUSTICE SERVICES CLOSE TO HOME 25 INITIATIVE FOR JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, SUCH 26 OFFICE SHALL WORK WITH SUCH DISTRICT TO IDENTIFY THOSE JUVENILE DELIN- 27 QUENTS IN THE OFFICE'S CUSTODY RESIDING IN NON-SECURE PLACEMENTS AND 28 THOSE CONDITIONALLY RELEASED FROM A FACILITY WHO WERE PLACED BY A FAMILY 29 COURT WITHIN THE JURISDICTION OF SAID SOCIAL SERVICES DISTRICT. THE 30 OFFICE SHALL EVALUATE THE PLACEMENT LENGTH AND THE NEEDS OF SUCH JUVE- 31 NILE DELINQUENTS AND, WHERE APPROPRIATE, FILE A PETITION PURSUANT TO 32 SECTION 355.1 OF THE FAMILY COURT ACT TO TRANSFER CUSTODY OF SUCH YOUTH 33 TO SAID SOCIAL SERVICES DISTRICT ON THE EFFECTIVE DATE OF THE PLAN, OR 34 AS SOON AS APPROPRIATE THEREAFTER, BUT IN NO EVENT LATER THAN NINETY 35 DAYS AFTER SUCH EFFECTIVE DATE; PROVIDED, HOWEVER, IF THE OFFICE DETER- 36 MINES, ON A CASE-BY-CASE BASIS, FOR REASONS DOCUMENTED IN WRITING 37 SUBMITTED TO THE SOCIAL SERVICES DISTRICT, THAT A TRANSFER WITHIN NINETY 38 DAYS OF THE EFFECTIVE DATE OF THE PLAN WOULD BE DETRIMENTAL TO THE 39 EMOTIONAL, MENTAL OR PHYSICAL HEALTH OF A YOUTH, OR WOULD SERIOUSLY 40 INTERFERE WITH THE YOUTH'S INTERSTATE TRANSFER OR IMMINENT DISCHARGE, 41 THE OFFICE SHALL PROVIDE AN ESTIMATED TIME BY WHICH THE OFFICE EXPECTS 42 TO BE ABLE TO PETITION FOR THE TRANSFER OF SUCH YOUTH OR TO RELEASE SUCH 43 YOUTH FROM ITS CARE, AND SHALL NOTIFY THE DISTRICT OF ANY DELAY OF THAT 44 EXPECTED DATE AND THE REASONS FOR SUCH A DELAY. 45 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE 46 OFFICE APPROVES A SOCIAL SERVICES DISTRICT'S PLAN TO IMPLEMENT A JUVE- 47 NILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE FOR JUVENILE DELINQUENTS 48 PLACED IN LIMITED-SECURE SETTINGS, SUCH OFFICE SHALL WORK WITH SUCH 49 DISTRICT TO IDENTIFY JUVENILE DELINQUENTS IN THE OFFICE'S CUSTODY RESID- 50 ING IN LIMITED SECURE PLACEMENTS WHO WERE PLACED BY A FAMILY COURT IN 51 THE SOCIAL SERVICES DISTRICT. THE OFFICE OF CHILDREN AND FAMILY SERVICES 52 SHALL EVALUATE THE PLACEMENT LENGTH AND NEEDS OF SUCH JUVENILE DELIN- 53 QUENTS AND, WHERE APPROPRIATE, FILE A PETITION PURSUANT TO SECTION 355.1 54 OF THE FAMILY COURT ACT TO TRANSFER CUSTODY OF SUCH YOUTH TO SAID SOCIAL 55 SERVICES DISTRICT ON THE EFFECTIVE DATE OF THE PLAN OR AS SOON AS APPRO- 56 PRIATE THEREAFTER, BUT IN NO EVENT LATER THAN NINETY DAYS AFTER SUCH S. 6257--A 36 A. 9057--A 1 EFFECTIVE DATE; PROVIDED, HOWEVER, IF THE OFFICE DETERMINES, ON A CASE- 2 BY-CASE BASIS, FOR REASONS DOCUMENTED IN WRITING SUBMITTED TO THE SOCIAL 3 SERVICES DISTRICT, THAT A TRANSFER WITHIN NINETY DAYS OF THE EFFECTIVE 4 DATE OF THE PLAN WOULD BE DETRIMENTAL TO THE EMOTIONAL, MENTAL OR PHYS- 5 ICAL HEALTH OF A YOUTH, OR WOULD SERIOUSLY INTERFERE WITH THE YOUTH'S 6 INTERSTATE TRANSFER OR IMMINENT DISCHARGE, THE OFFICE SHALL PROVIDE AN 7 ESTIMATED TIME BY WHICH THE OFFICE EXPECTS TO BE ABLE TO PETITION FOR 8 THE TRANSFER OF SUCH YOUTH OR TO RELEASE SUCH YOUTH FROM ITS CARE, AND 9 SHALL NOTIFY THE DISTRICT OF ANY DELAY OF THAT EXPECTED DATE AND THE 10 REASONS FOR SUCH A DELAY. 11 7. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION 12 FIFTEEN OF SECTION FIVE HUNDRED ONE OF THE EXECUTIVE LAW, OR ANY OTHER 13 LAW TO THE CONTRARY, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES 14 APPROVES A SOCIAL SERVICES DISTRICT'S PLAN FOR A JUVENILE JUSTICE 15 SERVICES CLOSE TO HOME INITIATIVE TO IMPLEMENT SERVICES FOR JUVENILE 16 DELINQUENTS PLACED IN NON-SECURE OR LIMITED SECURE SETTINGS, SUCH OFFICE 17 SHALL BE AUTHORIZED, FOR UP TO A YEAR AFTER THE EFFECTIVE DATE OF ANY 18 SUCH PLAN: (1) TO CLOSE ANY OF ITS FACILITIES IN THE CORRESPONDING 19 SETTING LEVELS COVERED BY THE APPROVED PLAN AND TO MAKE SIGNIFICANT 20 ASSOCIATED SERVICE REDUCTIONS AND PUBLIC EMPLOYEE STAFFING REDUCTIONS 21 AND TRANSFER OPERATIONS FOR THOSE SETTING LEVELS TO A PRIVATE OR 22 NOT-FOR-PROFIT ENTITY, AS DETERMINED BY THE COMMISSIONER OF THE OFFICE 23 OF CHILDREN AND FAMILY SERVICES TO BE NECESSARY TO REFLECT THE DECREASE 24 IN THE NUMBER OF JUVENILE DELINQUENTS PLACED WITH SUCH OFFICE FROM SUCH 25 SOCIAL SERVICES DISTRICT; (2) TO REDUCE COSTS TO THE STATE AND OTHER 26 SOCIAL SERVICES DISTRICTS RESULTING FROM SUCH DECREASE; AND (3) TO 27 ADJUST SERVICES TO PROVIDE REGIONALLY-BASED CARE TO JUVENILE DELINQUENTS 28 FROM OTHER PARTS OF THE STATE NEEDING SERVICES IN THOSE LEVELS OF RESI- 29 DENTIAL SERVICES. AT LEAST SIXTY DAYS PRIOR TO TAKING ANY SUCH ACTION, 30 THE COMMISSIONER OF THE OFFICE SHALL PROVIDE NOTICE OF SUCH ACTION TO 31 THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE 32 AND SHALL POST SUCH NOTICE UPON ITS PUBLIC WEBSITE. SUCH NOTICE MAY BE 33 PROVIDED AT ANY TIME ON OR AFTER THE DATE THE OFFICE APPROVES A PLAN 34 AUTHORIZING A SOCIAL SERVICES DISTRICT TO IMPLEMENT PROGRAMS FOR JUVE- 35 NILE DELINQUENTS PLACED IN THE APPLICABLE SETTING LEVEL. SUCH COMMIS- 36 SIONER SHALL BE AUTHORIZED TO CONDUCT ANY AND ALL PREPARATORY ACTIONS 37 WHICH MAY BE REQUIRED TO EFFECTUATE SUCH CLOSURES OR SIGNIFICANT SERVICE 38 OR STAFFING REDUCTIONS AND TRANSFER OF OPERATIONS DURING SUCH SIXTY DAY 39 PERIOD. 40 (B) ANY TRANSFERS OF CAPACITY OR ANY RESULTING TRANSFER OF FUNCTIONS 41 SHALL BE AUTHORIZED TO BE MADE BY THE COMMISSIONER OF THE OFFICE OF 42 CHILDREN AND FAMILY SERVICES AND ANY TRANSFER OF PERSONNEL UPON SUCH 43 TRANSFER OF CAPACITY OR TRANSFER OF FUNCTIONS SHALL BE ACCOMPLISHED IN 44 ACCORDANCE WITH THE PROVISIONS OF SECTION SEVENTY OF THE CIVIL SERVICE 45 LAW. 46 8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, 47 ELIGIBLE EXPENDITURES DURING THE APPLICABLE TIME PERIODS MADE BY A 48 SOCIAL SERVICES DISTRICT FOR AN APPROVED JUVENILE JUSTICE SERVICES CLOSE 49 TO HOME INITIATIVE SHALL, IF APPROVED BY THE DEPARTMENT OF FAMILY 50 ASSISTANCE, BE SUBJECT TO REIMBURSEMENT WITH STATE FUNDS ONLY UP TO THE 51 EXTENT OF AN ANNUAL APPROPRIATION MADE SPECIFICALLY THEREFOR, AFTER 52 FIRST DEDUCTING THEREFROM ANY FEDERAL FUNDS PROPERLY RECEIVED OR TO BE 53 RECEIVED ON ACCOUNT THEREOF; PROVIDED, HOWEVER, THAT WHEN SUCH FUNDS 54 HAVE BEEN EXHAUSTED, A SOCIAL SERVICES DISTRICT MAY RECEIVE STATE 55 REIMBURSEMENT FROM OTHER AVAILABLE STATE APPROPRIATIONS FOR THAT STATE 56 FISCAL YEAR FOR ELIGIBLE EXPENDITURES FOR SERVICES THAT OTHERWISE WOULD S. 6257--A 37 A. 9057--A 1 BE REIMBURSABLE UNDER SUCH FUNDING STREAMS. ANY CLAIMS SUBMITTED BY A 2 SOCIAL SERVICES DISTRICT FOR REIMBURSEMENT FOR A PARTICULAR STATE FISCAL 3 YEAR FOR WHICH THE SOCIAL SERVICES DISTRICT DOES NOT RECEIVE STATE 4 REIMBURSEMENT FROM THE ANNUAL APPROPRIATION FOR THE APPROVED CLOSE TO 5 HOME INITIATIVE MAY NOT BE CLAIMED AGAINST THAT DISTRICT'S APPROPRIATION 6 FOR THE INITIATIVE FOR THE NEXT OR ANY SUBSEQUENT STATE FISCAL YEAR. 7 (I) STATE FUNDING FOR REIMBURSEMENT SHALL BE, SUBJECT TO APPROPRI- 8 ATION, IN THE FOLLOWING AMOUNTS: FOR STATE FISCAL YEAR 2013-14, 9 $35,200,000 ADJUSTED BY ANY CHANGES IN SUCH AMOUNT REQUIRED BY SUBPARA- 10 GRAPHS (II) AND (III) OF THIS PARAGRAPH; FOR STATE FISCAL YEAR 2014-15, 11 $41,400,000 ADJUSTED TO INCLUDE THE AMOUNT OF ANY CHANGES MADE TO THE 12 STATE FISCAL YEAR 2013-14 APPROPRIATION UNDER SUBPARAGRAPHS (II) AND 13 (III) OF THIS PARAGRAPH PLUS ANY ADDITIONAL CHANGES REQUIRED BY SUCH 14 SUBPARAGRAPHS; AND, SUCH REIMBURSEMENT SHALL BE, SUBJECT TO APPROPRI- 15 ATION, FOR ALL SUBSEQUENT STATE FISCAL YEARS IN THE AMOUNT OF THE PRIOR 16 YEAR'S ACTUAL APPROPRIATION ADJUSTED BY ANY CHANGES REQUIRED BY SUBPARA- 17 GRAPHS (II) AND (III) OF THIS PARAGRAPH. 18 (II) THE REIMBURSEMENT AMOUNTS SET FORTH IN SUBPARAGRAPH (I) OF THIS 19 PARAGRAPH SHALL BE INCREASED OR DECREASED BY THE PERCENTAGE THAT THE 20 AVERAGE OF THE MOST RECENTLY APPROVED MAXIMUM STATE AID RATES FOR GROUP 21 RESIDENTIAL FOSTER CARE PROGRAMS IS HIGHER OR LOWER THAN THE AVERAGE OF 22 THE APPROVED MAXIMUM STATE AID RATES FOR GROUP RESIDENTIAL FOSTER CARE 23 PROGRAMS IN EXISTENCE IMMEDIATELY PRIOR TO THE MOST RECENTLY APPROVED 24 RATES. 25 (III) THE REIMBURSEMENT AMOUNTS SET FORTH IN SUBPARAGRAPH (I) OF THIS 26 PARAGRAPH SHALL BE INCREASED IF EITHER THE POPULATION OF ALLEGED JUVE- 27 NILE DELINQUENTS WHO RECEIVE A PROBATION INTAKE OR THE NUMBER OF YOUTH 28 WITH A DISPOSITION FROM THE FAMILY COURT WHO ARE DETERMINED TO BE HIGH 29 RISK, AS DEFINED IN CLAUSE (A) OF THIS SUBPARAGRAPH, INCREASES BY AT 30 LEAST TEN PERCENT OVER THE RESPECTIVE POPULATION IN THE ANNUAL BASELINE 31 YEAR. THE BASELINE YEAR SHALL BE THE PERIOD FROM JULY FIRST, TWO THOU- 32 SAND TEN THROUGH JUNE THIRTIETH, TWO THOUSAND ELEVEN OR THE MOST RECENT 33 TWELVE MONTH PERIOD FOR WHICH THERE IS COMPLETE DATA, WHICHEVER IS 34 LATER. IN EACH SUCCESSIVE YEAR, THE POPULATION OF THE PREVIOUS JULY 35 FIRST THROUGH JUNE THIRTIETH PERIOD SHALL BE COMPARED TO THE BASELINE 36 YEAR FOR DETERMINING ANY ADJUSTMENTS TO A STATE FISCAL YEAR APPROPRI- 37 ATION. WHEN EITHER POPULATION INCREASES BY TEN PERCENT OR MORE, THE 38 REIMBURSEMENT WILL BE ADJUSTED BY A PERCENTAGE EQUAL TO THE LARGER OF 39 THE PERCENTAGE INCREASE IN EITHER THE NUMBER OF PROBATION INTAKES FOR 40 ALLEGED JUVENILE DELINQUENTS OR THE NUMBER OF HIGH RISK YOUTH. 41 (A) FOR THE PURPOSES OF THIS SUBPARAGRAPH, HIGH RISK YOUTH SHALL MEAN 42 YOUTH WHO ARE CATEGORIZED BY THE NEW YORK CITY DEPARTMENT OF PROBATION 43 STRUCTURED DECISION MAKING GRID (OR ANY SUCCESSOR RISK ASSESSMENT TOOL 44 APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES IN CONSULTATION 45 WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES) AS EITHER AT HIGH RISK 46 FOR RE-ARREST IN CASES WHERE THE MOST SERIOUS CURRENT ARREST CHARGE IS A 47 CLASS I OR II OR AT MEDIUM RISK FOR RE-ARREST IN CASES WHERE THE MOST 48 SERIOUS CURRENT ARREST CHARGE IS A CLASS I. 49 (B) THE SOCIAL SERVICES DISTRICT AND/OR THE NEW YORK CITY DEPARTMENT 50 OF PROBATION SHALL PROVIDE AN ANNUAL REPORT INCLUDING THE DATA REQUIRED 51 TO CALCULATE THE POPULATION ADJUSTMENT TO THE NEW YORK CITY OFFICE OF 52 MANAGEMENT AND BUDGET, THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE 53 STATE DIVISION OF THE BUDGET NO LATER THAN THE FIRST DAY OF SEPTEMBER 54 FOLLOWING THE CLOSE OF THE PREVIOUS JULY FIRST THROUGH JUNE THIRTIETH 55 PERIOD. S. 6257--A 38 A. 9057--A 1 (B) THE DEPARTMENT OF FAMILY ASSISTANCE IS AUTHORIZED, IN ITS 2 DISCRETION, TO MAKE ADVANCES TO A SOCIAL SERVICES DISTRICT IN ANTIC- 3 IPATION OF THE STATE REIMBURSEMENT PROVIDED FOR IN THIS SECTION. 4 (C) A SOCIAL SERVICES DISTRICT SHALL CONDUCT ELIGIBILITY DETERMI- 5 NATIONS FOR FEDERAL AND STATE FUNDING AND SUBMIT CLAIMS FOR REIMBURSE- 6 MENT IN SUCH FORM AND MANNER AND AT SUCH TIMES AND FOR SUCH PERIODS AS 7 THE DEPARTMENT OF FAMILY ASSISTANCE SHALL DETERMINE. 8 (D) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR REGULATION OF 9 THE DEPARTMENT OF FAMILY ASSISTANCE, STATE REIMBURSEMENT SHALL NOT BE 10 MADE FOR ANY EXPENDITURE MADE FOR THE DUPLICATION OF ANY GRANT OR ALLOW- 11 ANCE FOR ANY PERIOD. 12 (E) CLAIMS SUBMITTED BY A SOCIAL SERVICES DISTRICT FOR REIMBURSEMENT 13 SHALL BE PAID AFTER DEDUCTING ANY EXPENDITURES DEFRAYED BY FEES, THIRD 14 PARTY REIMBURSEMENT, AND ANY NON-TAX LEVY FUNDS INCLUDING ANY DONATED 15 FUNDS. 16 (F) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT REIMBURSE ANY 17 CLAIMS FOR EXPENDITURES FOR RESIDENTIAL SERVICES THAT ARE SUBMITTED MORE 18 THAN TWENTY-TWO MONTHS AFTER THE CALENDAR QUARTER IN WHICH THE EXPENDI- 19 TURES WERE MADE. 20 (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATE SHALL NOT BE 21 RESPONSIBLE FOR REIMBURSING A SOCIAL SERVICES DISTRICT AND A DISTRICT 22 SHALL NOT SEEK STATE REIMBURSEMENT FOR ANY PORTION OF ANY STATE DISAL- 23 LOWANCE OR SANCTION TAKEN AGAINST THE SOCIAL SERVICES DISTRICT, OR ANY 24 FEDERAL DISALLOWANCE ATTRIBUTABLE TO FINAL FEDERAL AGENCY DECISIONS OR 25 TO SETTLEMENTS MADE, WHEN SUCH DISALLOWANCE OR SANCTION RESULTS FROM THE 26 FAILURE OF THE SOCIAL SERVICES DISTRICT TO COMPLY WITH FEDERAL OR STATE 27 REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, FAILURE TO DOCUMENT ELIGI- 28 BILITY FOR THE FEDERAL OR STATE FUNDS IN THE CASE RECORD. TO THE EXTENT 29 THAT THE SOCIAL SERVICES DISTRICT HAS SUFFICIENT CLAIMS OTHER THAN THOSE 30 THAT ARE SUBJECT TO DISALLOWANCE OR SANCTION TO DRAW DOWN THE FULL ANNU- 31 AL APPROPRIATION, SUCH DISALLOWANCE OR SANCTION SHALL NOT RESULT IN A 32 REDUCTION IN PAYMENT OF STATE FUNDS TO THE DISTRICT UNLESS THE DISTRICT 33 REQUESTS THAT THE DEPARTMENT USE A PORTION OF THE APPROPRIATION TOWARD 34 MEETING THE DISTRICT'S RESPONSIBILITY TO REPAY THE FEDERAL GOVERNMENT 35 FOR THE DISALLOWANCE OR SANCTION AND ANY RELATED INTEREST PAYMENTS. 36 (H) RATES FOR RESIDENTIAL SERVICES. (I) THE OFFICE SHALL ESTABLISH THE 37 RATES, IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-EIGHT-A OF THIS 38 CHAPTER, FOR ANY NON-SECURE FACILITIES ESTABLISHED UNDER AN APPROVED 39 JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE. FOR ANY SUCH NON-SE- 40 CURE FACILITY THAT WILL BE USED PRIMARILY BY THE SOCIAL SERVICES 41 DISTRICT WITH AN APPROVED CLOSE TO HOME INITIATIVE, FINAL AUTHORITY FOR 42 ESTABLISHMENT OF SUCH RATES AND ANY ADJUSTMENTS THERETO SHALL RESIDE 43 WITH THE OFFICE, BUT SUCH RATES AND ANY ADJUSTMENTS THERETO SHALL BE 44 ESTABLISHED ONLY UPON THE REQUEST OF, AND IN CONSULTATION WITH, SUCH 45 SOCIAL SERVICES DISTRICT. 46 (II) A SOCIAL SERVICES DISTRICT WITH AN APPROVED JUVENILE JUSTICE 47 SERVICES CLOSE TO HOME INITIATIVE FOR JUVENILE DELINQUENTS PLACED IN 48 LIMITED SECURE SETTINGS SHALL HAVE THE AUTHORITY TO ESTABLISH AND 49 ADJUST, ON AN ANNUAL OR REGULAR BASIS, MAINTENANCE RATES FOR LIMITED 50 SECURE FACILITIES PROVIDING RESIDENTIAL SERVICES UNDER SUCH INITIATIVE. 51 SUCH RATES SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION THREE 52 HUNDRED NINETY-EIGHT-A OF THIS CHAPTER BUT SHALL BE SUBJECT TO MAXIMUM 53 COST LIMITS ESTABLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. 54 9. UPON APPROVAL OF A SOCIAL SERVICES DISTRICT'S PLAN, THE OFFICE OF 55 CHILDREN AND FAMILY SERVICES SHALL NOTIFY THE SUPERVISING FAMILY COURT S. 6257--A 39 A. 9057--A 1 JUDGE RESPONSIBLE FOR THE FAMILY COURTS SERVING SUCH DISTRICT OF THE 2 EFFECTIVE DATE AND PLACEMENT SETTINGS COVERED BY THE PLAN. 3 (A) BEGINNING ON THE EFFECTIVE DATE OF A DISTRICT'S APPROVED PLAN THAT 4 ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, A FAMILY 5 COURT JUDGE SERVING IN A COUNTY WHERE SUCH SOCIAL SERVICES DISTRICT IS 6 LOCATED SHALL ONLY BE AUTHORIZED TO PLACE AN ADJUDICATED JUVENILE DELIN- 7 QUENT IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND 8 FAMILY SERVICES FOR PLACEMENT IN A SECURE OR LIMITED SECURE FACILITY 9 PURSUANT TO SECTION 353.3 OR 353.5 OF THE FAMILY COURT ACT. 10 (B) BEGINNING ON THE EFFECTIVE DATE OF A DISTRICT'S APPROVED PLAN TO 11 IMPLEMENT PROGRAMS FOR JUVENILE DELINQUENTS PLACED IN LIMITED SECURE 12 SETTINGS, A FAMILY COURT JUDGE SERVING IN A COUNTY WHERE SUCH SOCIAL 13 SERVICES DISTRICT IS LOCATED SHALL ONLY BE AUTHORIZED TO PLACE AN ADJU- 14 DICATED JUVENILE DELINQUENT IN THE CUSTODY OF THE COMMISSIONER OF THE 15 OFFICE OF CHILDREN AND FAMILY SERVICES FOR PLACEMENT IN A SECURE FACILI- 16 TY PURSUANT TO SECTION 353.3 OR 353.5 OF THE FAMILY COURT ACT. 17 10. IF THE SOCIAL SERVICES DISTRICT RECEIVES THE NECESSARY APPROVAL TO 18 IMPLEMENT A CLOSE TO HOME INITIATIVE, THE DISTRICT SHALL IMPLEMENT THE 19 INITIATIVE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND 20 REGULATIONS. IF THE SOCIAL SERVICES DISTRICT RECEIVES THE NECESSARY 21 APPROVAL OF A PLAN FOR JUVENILE DELINQUENTS PLACED IN LIMITED SECURE 22 SETTINGS, THE OFFICE SHALL PROMULGATE REGULATIONS GOVERNING THE OPERA- 23 TION OF SUCH LIMITED SECURE FACILITIES. IF SUCH REGULATIONS ARE NOT 24 ADOPTED PRIOR TO THE DATE THAT AN AUTHORIZED AGENCY APPLIES FOR A 25 LICENSE TO OPERATE SUCH A FACILITY, THE FACILITY SHALL BE SUBJECT TO THE 26 EXISTING REGULATIONS OF THE OFFICE THAT WOULD APPLY TO THE OPERATION OF 27 A FOSTER CARE FACILITY OF THE SAME SIZE; PROVIDED, HOWEVER, THAT THE 28 OFFICE SHALL BE AUTHORIZED TO GRANT AN EXCEPTION TO THE AUTHORIZED AGEN- 29 CY, UNTIL SUCH LIMITED SECURE REGULATIONS ARE ADOPTED, TO ANY SUCH 30 EXISTING REGULATION THAT THE OFFICE DETERMINES WOULD IMPEDE THE ABILITY 31 OF THE AUTHORIZED AGENCY TO PROVIDE THE RESTRICTIVE SETTING AND PROGRAMS 32 NECESSARY TO SERVE YOUTH WHO NEED PLACEMENT IN A LIMITED SECURE SETTING 33 IN ACCORDANCE WITH THE APPROVED PLAN. ANY LIMITED SECURE FACILITY THAT 34 IS GRANTED SUCH A WAIVER SHALL COMPLY WITH ANY ALTERNATE REQUIREMENTS 35 THE OFFICE MAY CONSIDER NECESSARY FOR THE PROTECTION OF THE HEALTH OR 36 SAFETY OF THE JUVENILE DELINQUENTS IN THE FACILITY OR THE SURROUNDING 37 COMMUNITY. 38 (A) THE INITIATIVE SHALL BE SUBJECT TO THE OFFICE OF CHILDREN AND 39 FAMILY SERVICES' ONGOING OVERSIGHT AND MONITORING INCLUDING, BUT NOT 40 LIMITED TO: CASE RECORD REVIEWS; STAFF, FAMILY, AND CLIENT INTERVIEWS; 41 ON-SITE INSPECTIONS; REVIEW OF DATA REGARDING PROVIDER PERFORMANCE, 42 YOUTH AND STAFF SAFETY, AND QUALITY OF CARE, WHICH MUST BE PROVIDED TO 43 THE OFFICE IN THE FORM AND MANNER AND AT SUCH TIMES AS REQUIRED BY THE 44 OFFICE; AND CONTINUED LICENSING AND MONITORING OF THE AUTHORIZED AGEN- 45 CIES PROVIDING SERVICES UNDER THE PLAN PURSUANT TO THIS CHAPTER. 46 (B) THE SOCIAL SERVICES DISTRICT SHALL PROVIDE EACH JUVENILE DELIN- 47 QUENT WITH AN APPROPRIATE LEVEL OF SERVICES DESIGNED TO MEET HIS OR HER 48 INDIVIDUAL NEEDS AND TO ENHANCE PUBLIC SAFETY AND SHALL PROVIDE THE 49 OFFICE OF CHILDREN AND FAMILY SERVICES WITH SPECIFIC INFORMATION AS 50 REQUIRED BY THE OFFICE, IN THE FORMAT AND AT SUCH TIMES AS REQUIRED BY 51 SUCH OFFICE, ON THE YOUTH PARTICIPATING IN THE INITIATIVE AND THE 52 PROGRAMS SERVING SUCH YOUTH. SUCH INFORMATION SHALL BE PROVIDED TO THE 53 OFFICE OF CHILDREN AND FAMILY SERVICES ON A MONTHLY BASIS FOR THE FIRST 54 TWELVE MONTHS IMMEDIATELY FOLLOWING THE IMPLEMENTATION OF THE PROGRAMS 55 FOR EACH LEVEL OF CARE AND SHALL BE PROVIDED TO SUCH OFFICE ON A QUAR- 56 TERLY BASIS THEREAFTER. S. 6257--A 40 A. 9057--A 1 11. THE SOCIAL SERVICES DISTRICT SHALL SUBMIT A REPORT TO THE OFFICE 2 OF CHILDREN AND FAMILY SERVICES ANNUALLY, IN THE FORMAT REQUIRED BY SUCH 3 OFFICE, DETAILING OVERALL INITIATIVE PERFORMANCE. 4 12. IF THE OFFICE OF CHILDREN AND FAMILY SERVICES DETERMINES THAT THE 5 SOCIAL SERVICES DISTRICT IS FAILING TO ADEQUATELY PROVIDE FOR THE JUVE- 6 NILE DELINQUENTS PLACED UNDER AN APPROVED PLAN, SUCH OFFICE MAY REQUIRE 7 THE SOCIAL SERVICES DISTRICT TO SUBMIT A CORRECTIVE ACTION PLAN, FOR 8 SUCH OFFICE'S APPROVAL, DEMONSTRATING HOW IT WILL RECTIFY THE INADEQUA- 9 CIES. IF THE OFFICE DETERMINES THAT THE SOCIAL SERVICES DISTRICT IS 10 FAILING TO MAKE SUFFICIENT PROGRESS TOWARDS IMPLEMENTING THE CORRECTIVE 11 ACTION PLAN IN THE TIME AND MANNER APPROVED BY THE OFFICE, THE OFFICE 12 SHALL PROVIDE THE DISTRICT WRITTEN NOTICE OF SUCH DETERMINATION AND THE 13 BASIS THEREFOR, AND MANDATE THAT THE DISTRICT TAKE ALL NECESSARY ACTIONS 14 TO IMPLEMENT THE PLAN. IF A DISTRICT HAS FAILED WITHIN A REASONABLE TIME 15 THEREAFTER TO MAKE PROGRESS IMPLEMENTING ANY REGULATION, OR ANY OTHER 16 PORTION OF SUCH PLAN THAT IS INTENDED TO PREVENT IMMINENT DANGER TO THE 17 HEALTH, SAFETY OR WELFARE OF THE YOUTH BEING SERVED UNDER THE PLAN, THE 18 OFFICE MAY WITHHOLD OR SET ASIDE A PORTION OF THE FUNDING DUE UNDER 19 SUBDIVISION EIGHT OF THIS SECTION UNTIL THE DISTRICT DEMONSTRATES THAT 20 SUFFICIENT PROGRESS IS BEING MADE; OR TERMINATE THE DISTRICT'S AUTHORITY 21 TO OPERATE ALL OR A PORTION OF THE JUVENILE JUSTICE SERVICES CLOSE TO 22 HOME INITIATIVE, TAKE ALL NECESSARY STEPS TO ASSUME CUSTODY FOR, AND 23 PROVIDE SERVICES TO, THE APPLICABLE JUVENILE DELINQUENTS BEING SERVED 24 UNDER THE INITIATIVE, AND DISCONTINUE FUNDS PROVIDED TO THE DISTRICT FOR 25 SUCH SERVICES. THE OFFICE SHALL NOT WITHHOLD, SET ASIDE OR DISCONTINUE 26 STATE AID TO A DISTRICT UNTIL WRITTEN NOTICE IS GIVEN TO THE COMMISSION- 27 ER OF THE DISTRICT, AND IN THE EVENT FUNDING IS WITHHELD, SET ASIDE OR 28 DISCONTINUED, THE DISTRICT MAY APPEAL TO THE OFFICE, WHICH SHALL HOLD A 29 FAIR HEARING THEREON IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWEN- 30 TY-TWO OF THIS CHAPTER RELATING TO FAIR HEARINGS. THE DISTRICT MAY 31 INSTITUTE A PROCEEDING FOR A REVIEW OF THE DETERMINATION OF THE OFFICE 32 FOLLOWING THE FAIR HEARING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE 33 CIVIL PRACTICE LAW AND RULES. ANY FUNDS WITHHELD, SET ASIDE OR DISCON- 34 TINUED PURSUANT TO THIS PROVISION SHALL BE APPLIED TO ADDRESS THE PROB- 35 LEM WHICH WAS THE BASIS FOR SUCH SANCTION. IF THE OFFICE TERMINATES A 36 DISTRICT'S AUTHORITY TO OPERATE ANY PORTION OF A JUVENILE JUSTICE 37 SERVICES CLOSE TO HOME INITIATIVE IN ACCORDANCE WITH THIS SUBDIVISION, 38 THE OFFICE SHALL NOTIFY THE SUPERVISING FAMILY COURT JUDGE RESPONSIBLE 39 FOR THE FAMILY COURTS SERVING SUCH DISTRICT OF SUCH TERMINATION AND THE 40 EFFECTIVE DATE OF SUCH TERMINATION. 41 13. ONCE A PLAN BECOMES OPERATIVE PURSUANT TO THIS SECTION, THE SOCIAL 42 SERVICES DISTRICT SHALL CARRY OUT THE FOLLOWING FUNCTIONS, POWERS AND 43 DUTIES WITH RESPECT TO PLACEMENTS OF JUVENILE DELINQUENTS IN ACCORDANCE 44 WITH THE PROVISIONS OF SUCH PLAN AND ALL APPLICABLE FEDERAL AND STATE 45 LAWS AND REGULATIONS: 46 (A) TO ENTER INTO CONTRACTS WITH AUTHORIZED AGENCIES, AS DEFINED IN 47 SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER, TO OPERATE AND MAIN- 48 TAIN FACILITIES AUTHORIZED UNDER SUCH PLAN; SUCH CONTRACTS MAY INCLUDE 49 SUCH PROGRAM REQUIREMENTS AS DEEMED NECESSARY BY THE DISTRICT; 50 (B) TO DETERMINE THE PARTICULAR FACILITY OR PROGRAM IN WHICH A JUVE- 51 NILE DELINQUENT PLACED WITH THE DISTRICT SHALL BE CARED FOR, BASED UPON 52 AN EVALUATION OF SUCH JUVENILE DELINQUENT; 53 (C) TO TRANSFER A JUVENILE DELINQUENT FROM ONE FACILITY TO ANY OTHER 54 FACILITY, WHEN THE INTERESTS OF SUCH JUVENILE DELINQUENT REQUIRES SUCH 55 ACTION; PROVIDED THAT, IF THE DISTRICT HAS AN APPROVED PLAN TO IMPLEMENT 56 SERVICES FOR JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, A S. 6257--A 41 A. 9057--A 1 JUVENILE DELINQUENT TRANSFERRED TO A NON-SECURE FACILITY FROM A LIMITED 2 SECURE FACILITY MAY BE RETURNED TO A LIMITED SECURE FACILITY UPON A 3 DETERMINATION BY THE DISTRICT THAT, FOR ANY REASON, CARE AND TREATMENT 4 AT THE NON-SECURE FACILITY IS NO LONGER SUITABLE; 5 (D) TO ISSUE A WARRANT FOR THE APPREHENSION AND RETURN OF ANY RUNAWAY 6 OR CONDITIONALLY RELEASED JUVENILE DELINQUENT PLACED WITH THE DISTRICT, 7 IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY 8 SERVICES; PROVIDED FURTHER THAT: 9 (I) A SOCIAL SERVICES OFFICIAL, PURSUANT TO THE REGULATIONS OF THE 10 OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL ISSUE A WARRANT DIRECTED 11 GENERALLY TO ANY PEACE OFFICER, ACTING PURSUANT TO SUCH OFFICER'S 12 SPECIAL DUTIES, OR POLICE OFFICER IN THE STATE FOR THE APPREHENSION AND 13 RETURN OF ANY RUNAWAY OR CONDITIONALLY RELEASED JUVENILE DELINQUENT 14 UNDER THE JURISDICTION OF THE DISTRICT AND SUCH WARRANT SHALL BE 15 EXECUTED BY ANY PEACE OFFICER, ACTING PURSUANT TO SUCH OFFICER'S SPECIAL 16 DUTIES, OR POLICE OFFICER TO WHOM IT MAY BE DELIVERED; THE SOCIAL 17 SERVICES DISTRICT ALSO SHALL PROVIDE RELEVANT LAW ENFORCEMENT AGENCIES 18 WITHIN FORTY-EIGHT HOURS WITH ANY PHOTOGRAPHS OF ANY RUNAWAY OR CONDI- 19 TIONALLY RELEASED JUVENILE DELINQUENT FOR WHOM A WARRANT IS ISSUED, 20 TOGETHER WITH ANY PERTINENT INFORMATION RELATIVE TO SUCH JUVENILE DELIN- 21 QUENT; SUCH PHOTOGRAPHS SHALL REMAIN THE PROPERTY OF THE SOCIAL SERVICES 22 DISTRICT AND SHALL BE KEPT CONFIDENTIAL FOR USE SOLELY IN THE APPREHEN- 23 SION OF SUCH JUVENILE DELINQUENT AND SHALL BE RETURNED PROMPTLY TO THE 24 DISTRICT UPON APPREHENSION OF SUCH JUVENILE DELINQUENT, OR UPON THE 25 DEMAND OF THE DISTRICT; 26 (II) A SOCIAL SERVICES OFFICIAL SHALL GIVE IMMEDIATE WRITTEN NOTICE TO 27 THE FAMILY COURT WHEN ANY JUVENILE DELINQUENT PLACED WITH THE SOCIAL 28 SERVICES DISTRICT BY ORDER OF SAID FAMILY COURT, IS ABSENT FROM SUCH 29 PLACEMENT WITHOUT CONSENT; 30 (III) A MAGISTRATE MAY CAUSE A RUNAWAY OR A CONDITIONALLY RELEASED 31 JUVENILE DELINQUENT TO BE HELD IN CUSTODY UNTIL RETURNED TO THE SOCIAL 32 SERVICES DISTRICT; 33 (E) (I) TO CAUSE A JUVENILE DELINQUENT UNDER THE JURISDICTION OF THE 34 SOCIAL SERVICES DISTRICT WHO RUNS AWAY FROM A FACILITY, TO BE APPRE- 35 HENDED AND RETURNED TO THE SOCIAL SERVICES DISTRICT OR AUTHORIZED AGEN- 36 CY; 37 (II) IF A JUVENILE DELINQUENT UNDER THE JURISDICTION OF THE SOCIAL 38 SERVICES DISTRICT VIOLATES ANY CONDITION OF RELEASE THEREFROM, OR IF 39 THERE IS A CHANGE OF CIRCUMSTANCES, AND THE SOCIAL SERVICES DISTRICT 40 DETERMINES THAT IT WOULD BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS 41 OF SAID JUVENILE DELINQUENT AND THE NEED TO PROTECT THE COMMUNITY, OR 42 THAT THERE IS A SUBSTANTIAL LIKELIHOOD SAID JUVENILE DELINQUENT WILL 43 COMMIT AN ACT THAT WOULD BE A CRIME OR CONSTITUTE A CRIME IF HE OR SHE 44 WERE AN ADULT, TO CAUSE SAID JUVENILE DELINQUENT TO BE APPREHENDED AND 45 RETURNED TO THE DISTRICT OR AUTHORIZED AGENCY PURSUANT TO THE REGU- 46 LATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES; 47 (III) TO AUTHORIZE AN EMPLOYEE DESIGNATED BY THE SOCIAL SERVICES 48 DISTRICT, WITHOUT A WARRANT, TO APPREHEND A RUNAWAY OR CONDITIONALLY 49 RELEASED JUVENILE DELINQUENT IN ANY COUNTY IN THIS STATE WHOSE RETURN 50 HAS BEEN ORDERED BY THE SOCIAL SERVICES DISTRICT, AND RETURN SAID JUVE- 51 NILE DELINQUENT TO ANY APPROPRIATE SOCIAL SERVICES DISTRICT, DETENTION 52 FACILITY, AUTHORIZED AGENCY OR PROGRAM; 53 (F) PURSUANT TO THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY 54 SERVICES, TO DEVELOP AND OPERATE PROGRAMS FOR YOUTH PLACED OR REFERRED 55 TO THE DISTRICT OR IN CONJUNCTION WITH AN ORDER PROVIDED IN ACCORDANCE 56 WITH SECTION 353.6 OF THE FAMILY COURT ACT; S. 6257--A 42 A. 9057--A 1 (G) UPON THE PLACEMENT OF ANY JUVENILE DELINQUENT EIGHTEEN YEARS OF 2 AGE OR OLDER, OR UPON THE EIGHTEENTH BIRTHDAY OF ANY YOUTH PLACED IN THE 3 CUSTODY OF THE SOCIAL SERVICES DISTRICT FOR AN ADJUDICATION OF JUVENILE 4 DELINQUENCY FOR HAVING COMMITTED AN ACT WHICH IF COMMITTED BY AN ADULT 5 WOULD CONSTITUTE A FELONY, AND STILL IN THE CUSTODY OF THE SOCIAL 6 SERVICES DISTRICT, TO NOTIFY THE DIVISION OF CRIMINAL JUSTICE SERVICES 7 OF SUCH PLACEMENT OR BIRTHDAY. PROVIDED, HOWEVER, IN THE CASE OF A 8 YOUTH ELEVEN OR TWELVE YEARS OF AGE AT THE TIME THE ACT OR ACTS WERE 9 COMMITTED, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL NOT BE 10 PROVIDED WITH THE YOUTH'S NAME, UNLESS THE ACTS COMMITTED BY SUCH YOUTH 11 WOULD CONSTITUTE A CLASS A OR B FELONY. UPON THE SUBSEQUENT DISCHARGE IT 12 SHALL BE THE DUTY OF THE SOCIAL SERVICES DISTRICT TO NOTIFY THE DIVISION 13 OF CRIMINAL JUSTICE SERVICES OF THAT FACT AND THE DATE OF DISCHARGE. FOR 14 THE PURPOSES OF THIS PARAGRAPH, A YOUTH'S AGE SHALL BE DETERMINED TO BE 15 THE AGE STATED IN THE PLACEMENT ORDER; 16 (H) TO PROVIDE JUVENILE DELINQUENTS IN RESIDENTIAL PLACEMENTS WITH 17 REASONABLE AND APPROPRIATE VISITATION BY FAMILY MEMBERS AND CONSULTATION 18 WITH THEIR LEGAL REPRESENTATIVE IN ACCORDANCE WITH THE REGULATIONS OF 19 THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND 20 (I) TO PROVIDE RESIDENTIAL CARE IN PROGRAMS SUBJECT TO THE REGULATIONS 21 OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, FOR INFANTS BORN TO OR 22 BEING NURSED BY FEMALE JUVENILE DELINQUENTS PLACED WITH THE DISTRICT; 23 RESIDENTIAL CARE FOR SUCH AN INFANT MAY BE PROVIDED FOR SUCH PERIOD OF 24 TIME AS IS DEEMED DESIRABLE FOR THE WELFARE OF THE MOTHER OR INFANT. 25 14. THE FOLLOWING PERSONS SHALL BE AUTHORIZED TO VISIT, AT THEIR PLEA- 26 SURE, ALL PROGRAMS OPERATED BY A SOCIAL SERVICES DISTRICT PURSUANT TO, 27 OR IN ACCORDANCE WITH THIS SECTION: THE GOVERNOR; LIEUTENANT GOVERNOR; 28 COMPTROLLER; ATTORNEY GENERAL; MEMBERS OF THE LEGISLATURE; JUDGES OF THE 29 COURT OF APPEALS; JUDGES FROM SUPREME COURT, FAMILY COURT AND COUNTY 30 COURTS AND DISTRICT ATTORNEYS, COUNTY ATTORNEYS AND ATTORNEYS EMPLOYED 31 IN THE OFFICE OF THE CORPORATION COUNSEL HAVING JURISDICTION WITHIN THE 32 APPLICABLE SOCIAL SERVICES DISTRICT OR COUNTY WHERE A PROGRAM IS 33 LOCATED; AND ANY PERSON OR AGENCY OTHERWISE AUTHORIZED BY STATUTE. 34 15. A JUVENILE DELINQUENT IN THE CARE OF THE SOCIAL SERVICES DISTRICT 35 WHO ATTENDS PUBLIC SCHOOL WHILE IN RESIDENCE AT A FACILITY SHALL BE 36 DEEMED A RESIDENT OF THE SCHOOL DISTRICT WHERE THE YOUTH'S PARENT OR 37 GUARDIAN RESIDES AT THE COMMENCEMENT OF EACH SCHOOL YEAR FOR THE PURPOSE 38 OF DETERMINING WHICH SCHOOL DISTRICT SHALL BE RESPONSIBLE FOR THE 39 YOUTH'S TUITION. 40 16. THE SOCIAL SERVICES DISTRICT SHALL BE PERMITTED TO INTERVENE 41 PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION ONE THOUSAND 42 TWELVE OF THE CIVIL PRACTICE LAW AND RULES IN ANY ACTION INVOLVING AN 43 APPEAL FROM A DECISION OF ANY COURT OF THIS STATE THAT RELATES TO 44 PROGRAMS, CONDITIONS OR SERVICES PROVIDED BY SUCH DISTRICT OR ANY 45 AUTHORIZED AGENCY WITH WHICH THE DISTRICT HAS PLACED A JUVENILE DELIN- 46 QUENT PURSUANT TO THIS SECTION. WRITTEN NOTICE SHALL BE GIVEN TO THE 47 CORPORATION COUNSEL OF THE CITY OF NEW YORK OR COUNTY ATTORNEY BY THE 48 PARTY TAKING THE APPEAL. 49 17. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE SOCIAL 50 SERVICES DISTRICT MAY DELAY ACCEPTANCE OF A JUVENILE DELINQUENT IN 51 DETENTION WHO IS PLACED IN THE DISTRICT'S CUSTODY IN ACCORDANCE WITH THE 52 REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. 53 18. NO ORDER THAT PLACES A JUVENILE DELINQUENT IN THE CUSTODY OF THE 54 SOCIAL SERVICES DISTRICT THAT RECITES THE FACTS UPON WHICH IT IS BASED 55 SHALL BE DEEMED OR HELD TO BE INVALID BY REASON OF ANY IMPERFECTION OR 56 DEFECT IN FORM. S. 6257--A 43 A. 9057--A 1 S 2. Section 351.1 of the family court act is amended by adding a new 2 subdivision 2-a to read as follows: 3 2-A. (A) IN A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE 4 JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR 5 HUNDRED FOUR OF THE SOCIAL SERVICES LAW, THE LOCAL PROBATION DEPARTMENT 6 SHALL DEVELOP AND SUBMIT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES 7 FOR PRIOR APPROVAL A VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU- 8 MENT AND ANY RISK ASSESSMENT PROCESS. SUCH DEPARTMENT SHALL PERIOD- 9 ICALLY REVALIDATE ANY APPROVED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU- 10 MENT. THE DEPARTMENT SHALL CONSPICUOUSLY POST ANY APPROVED 11 PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND PROCESS ON ITS WEBSITE 12 AND SHALL CONFER WITH APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMIT- 13 ED TO, ATTORNEYS FOR CHILDREN, PRESENTMENT AGENCIES AND THE FAMILY 14 COURT, PRIOR TO REVISING ANY VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT 15 INSTRUMENT OR PROCESS. ANY REVISED PRE-DISPOSITIONAL RISK ASSESSMENT 16 INSTRUMENT SHALL BE SUBJECT TO PERIODIC EMPIRICAL VALIDATION AND TO THE 17 APPROVAL OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE DEPARTMENT 18 SHALL PROVIDE TRAINING ON THE APPROVED INSTRUMENT AND ANY APPROVED PROC- 19 ESS TO THE APPLICABLE FAMILY COURTS, PRESENTMENT AGENCY, AND COURT 20 APPOINTED ATTORNEYS FOR RESPONDENTS. 21 (B) ONCE AN INITIAL VALIDATED RISK ASSESSMENT INSTRUMENT AND ANY RISK 22 ASSESSMENT PROCESS HAVE BEEN APPROVED BY THE OFFICE OF CHILDREN AND 23 FAMILY SERVICES IN CONSULTATION WITH THE DIVISION OF CRIMINAL JUSTICE 24 SERVICES, THE LOCAL PROBATION DEPARTMENT SHALL PROVIDE THE APPLICABLE 25 SUPERVISING FAMILY COURT JUDGE WITH A COPY OF THE VALIDATED RISK ASSESS- 26 MENT INSTRUMENT AND ANY SUCH PROCESS ALONG WITH THE LETTER FROM THE 27 OFFICE OF CHILDREN AND FAMILY SERVICES APPROVING THE INSTRUMENT AND 28 PROCESS, IF APPLICABLE, AND INDICATING THE DATE THE INSTRUMENT AND ANY 29 SUCH PROCESS SHALL BE EFFECTIVE, PROVIDED THAT SUCH EFFECTIVE DATE SHALL 30 BE AT LEAST THIRTY DAYS AFTER SUCH NOTIFICATION. 31 (C) COMMENCING ON THE EFFECTIVE DATE OF A VALIDATED PRE-DISPOSITIONAL 32 RISK ASSESSMENT INSTRUMENT AND ANY APPROVED PROCESS AND THEREAFTER, EACH 33 PROBATION INVESTIGATION ORDERED UNDER SUBDIVISION TWO OF THIS SECTION 34 SHALL INCLUDE THE RESULTS OF THE VALIDATED RISK ASSESSMENT OF THE 35 RESPONDENT AND PROCESS, IF ANY; AND A RESPONDENT SHALL NOT BE PLACED IN 36 ACCORDANCE WITH SECTION 353.3 OR 353.5 OF THIS PART UNLESS THE COURT HAS 37 RECEIVED AND GIVEN DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED 38 RISK ASSESSMENT AND ANY APPROVED PROCESS AND MADE THE FINDINGS REQUIRED 39 PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF SECTION 352.2 OF THIS 40 PART. 41 (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, DATA 42 NECESSARY FOR COMPLETION OF A PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU- 43 MENT MAY BE SHARED BETWEEN LAW ENFORCEMENT, PROBATION, COURTS, DETENTION 44 ADMINISTRATIONS, DETENTION PROVIDERS, PRESENTMENT AGENCIES, AND THE 45 ATTORNEY FOR THE CHILD UPON RETENTION OR APPOINTMENT SOLELY FOR THE 46 PURPOSE OF ACCURATE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT. A 47 COPY OF THE COMPLETED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL 48 BE MADE AVAILABLE TO THE APPLICABLE COURT. 49 (E) THE LOCAL PROBATION DEPARTMENT SHALL PROVIDE THE DIVISION OF CRIM- 50 INAL JUSTICE SERVICES WITH INFORMATION REGARDING THE USE OF THE PRE-DIS- 51 POSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESSMENT PROCESS IN 52 THE TIME AND MANNER REQUIRED BY THE DIVISION OF CRIMINAL JUSTICE 53 SERVICES. THE DIVISION MAY REQUIRE THAT SUCH DATA BE SUBMITTED TO THE 54 DIVISION ELECTRONICALLY. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL 55 SHARE SUCH INFORMATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES. S. 6257--A 44 A. 9057--A 1 S 3. Subdivision 2 of section 352.2 of the family court act is amended 2 by adding a new paragraph (f) to read as follows: 3 (F)(1) IN A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE 4 JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR 5 HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE SUPERVISING FAMILY 6 COURT JUDGE RECEIVES NOTICE THAT A RISK ASSESSMENT INSTRUMENT AND ANY 7 RISK ASSESSMENT PROCESS HAVE BEEN APPROVED BY THE OFFICE OF CHILDREN AND 8 FAMILY SERVICES PURSUANT TO SUBDIVISION TWO-A OF SECTION 351.1 OF THIS 9 PART, THE COURT SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF THE VALI- 10 DATED RISK ASSESSMENT AND ANY SUCH PROCESS PROVIDED TO THE COURT PURSU- 11 ANT TO SUCH SUBDIVISION WHEN DETERMINING THE APPROPRIATE DISPOSITION FOR 12 THE RESPONDENT. 13 (2) ANY ORDER OF THE COURT DIRECTING THE PLACEMENT OF A RESPONDENT 14 INTO A RESIDENTIAL PROGRAM SHALL STATE: 15 (I) THE LEVEL OF RISK THE YOUTH WAS ASSESSED AT PURSUANT TO THE VALI- 16 DATED RISK ASSESSMENT INSTRUMENT; AND 17 (II) IF A DETERMINATION IS MADE TO PLACE A YOUTH IN A HIGHER LEVEL OF 18 PLACEMENT THAN APPEARS WARRANTED BASED ON SUCH RISK ASSESSMENT INSTRU- 19 MENT AND ANY APPROVED RISK ASSESSMENT PROCESS, THE PARTICULAR REASONS 20 WHY SUCH PLACEMENT WAS DETERMINED TO BE NECESSARY FOR THE PROTECTION OF 21 THE COMMUNITY AND TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF 22 THE RESPONDENT; AND 23 (III) THAT A LESS RESTRICTIVE ALTERNATIVE THAT WOULD BE CONSISTENT 24 WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR 25 PROTECTION OF THE COMMUNITY IS NOT AVAILABLE. 26 S 4. Section 353.3 of the family court act is amended by adding a new 27 subdivision 2-a to read as follows: 28 2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA- 29 RY, IN A DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE 30 TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL 31 SERVICES LAW: 32 (A) BEGINNING ON THE EFFECTIVE DATE OF THE DISTRICT'S APPROVED PLAN 33 THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE 34 COURT MAY ONLY PLACE THE RESPONDENT: 35 (I) IN THE CUSTODY OF THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES 36 DISTRICT FOR PLACEMENT IN A NON-SECURE LEVEL OF CARE; OR 37 (II) IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND 38 FAMILY SERVICES FOR PLACEMENT IN A LIMITED SECURE OR SECURE LEVEL OF 39 CARE; AND 40 (B) BEGINNING ON THE EFFECTIVE DATE OF THE DISTRICT'S APPROVED PLAN TO 41 IMPLEMENT PROGRAMS FOR YOUTH PLACED IN LIMITED SECURE SETTINGS, THE 42 COURT MAY ONLY PLACE THE RESPONDENT: 43 (I) IN THE CUSTODY OF THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES 44 DISTRICT FOR PLACEMENT IN: 45 (A) A NON-SECURE LEVEL OF CARE; 46 (B) A LIMITED SECURE LEVEL OF CARE; OR 47 (C) EITHER A NON-SECURE OR LIMITED SECURE LEVEL OF CARE, AS DETERMINED 48 BY SUCH COMMISSIONER; OR 49 (II) IN THE CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND 50 FAMILY SERVICES FOR PLACEMENT IN A SECURE LEVEL OF CARE. 51 S 5. Subdivision 9 of section 353.3 of the family court act, as 52 amended by section 6 of part G of chapter 58 of the laws of 2010, is 53 amended to read as follows: 54 9. If the court places a respondent with the office of children and 55 family services, OR IN A LIMITED SECURE LEVEL OF CARE IN A SOCIAL 56 SERVICES DISTRICT WITH AN APPROVED PLAN TO IMPLEMENT A JUVENILE JUSTICE S. 6257--A 45 A. 9057--A 1 SERVICES CLOSE TO HOME INITIATIVE UNDER SECTION FOUR HUNDRED FOUR OF THE 2 SOCIAL SERVICES LAW, pursuant to this section after finding that such 3 [child] RESPONDENT committed a felony, the court may, in its discretion, 4 further order that such respondent shall be confined in a residential 5 facility for a minimum period set by the order, not to exceed six 6 months. 7 S 6. Subdivisions 4 and 5 of section 353.5 of the family court act, as 8 added by chapter 920 of the laws of 1982, subparagraph (i) of paragraph 9 (a) of subdivision 4 and subparagraph (i) of paragraph (a) of subdivi- 10 sion 5 as amended by chapter 419 of the laws of 1987, subparagraph (iv) 11 of paragraph (a) of subdivision 4 and subparagraph (iv) of paragraph (a) 12 of subdivision 5 as amended by chapter 687 of the laws of 1993, para- 13 graphs (b) and (d) of subdivision 4 and paragraph (d) of subdivision 5 14 as amended by chapter 398 of the laws of 1983, are amended to read as 15 follows: 16 4. When the order is for a restrictive placement in the case of a 17 youth found to have committed a designated class A felony act, 18 (a) the order shall provide that: 19 (i) the respondent shall be placed with the [division for youth] 20 OFFICE OF CHILDREN AND FAMILY SERVICES for an initial period of five 21 years. If the respondent has been in detention pending disposition, the 22 initial period of placement ordered under this section shall be credited 23 with and diminished by the amount of time spent by the respondent in 24 detention prior to the commencement of the placement unless the court 25 finds that all or part of such credit would not serve the needs and best 26 interests of the respondent or the need for protection of the community. 27 (ii) the respondent shall initially be confined in a secure facility 28 for a period set by the order, to be not less than twelve nor more than 29 eighteen months provided, however, where the order of the court is made 30 in compliance with subdivision five OF THIS SECTION, the respondent 31 shall initially be confined in a secure facility for eighteen months. 32 (iii) after the period set under [clause] SUBPARAGRAPH (ii) OF THIS 33 PARAGRAPH, the respondent shall be placed in a residential facility for 34 a period of twelve months; PROVIDED, HOWEVER, THAT IF THE RESPONDENT HAS 35 BEEN PLACED FROM A FAMILY COURT IN A SOCIAL SERVICES DISTRICT OPERATING 36 AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT 37 TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE TIME 38 FRAMES IN SUBPARAGRAPH (II) OF THIS PARAGRAPH ARE MET: 39 (A) BEGINNING ON THE EFFECTIVE DATE OF SUCH A SOCIAL SERVICES 40 DISTRICT'S PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SE- 41 CURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES CONCLUDES, 42 BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR 43 PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF CARE IS APPRO- 44 PRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETITION PURSUANT TO 45 PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 355.1 OF THIS PART TO 46 HAVE THE RESPONDENT PLACED WITH THE APPLICABLE LOCAL COMMISSIONER OF 47 SOCIAL SERVICES; AND 48 (B) BEGINNING ON THE EFFECTIVE DATE OF SUCH A SOCIAL SERVICES 49 DISTRICT'S PLAN THAT COVERS JUVENILE DELINQUENTS PLACED IN LIMITED 50 SECURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES 51 CONCLUDES, BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND 52 THE NEED FOR PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE OR LIMITED 53 SECURE LEVEL OF CARE IS APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE 54 SHALL FILE A PETITION PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION 55 TWO OF SECTION 355.1 OF THIS PART TO HAVE THE RESPONDENT PLACED WITH THE 56 APPLICABLE LOCAL COMMISSIONER OF SOCIAL SERVICES. S. 6257--A 46 A. 9057--A 1 (C) IF THE RESPONDENT IS PLACED WITH THE LOCAL COMMISSIONER OF SOCIAL 2 SERVICES IN ACCORDANCE WITH CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH, THE 3 REMAINDER OF THE PROVISIONS OF THIS SECTION SHALL CONTINUE TO APPLY TO 4 THE RESPONDENT'S PLACEMENT. 5 (iv) the respondent may not be released from a secure facility or 6 transferred to a facility other than a secure facility during the period 7 provided in [clause] SUBPARAGRAPH (ii) of this paragraph, nor may the 8 respondent be released from a residential facility during the period 9 provided in [clause] SUBPARAGRAPH (iii) OF THIS PARAGRAPH. No home 10 visits shall be permitted during the period of secure confinement set by 11 the court order or one year, whichever is less, except for emergency 12 visits for medical treatment or severe illness or death in the family. 13 All home visits must be accompanied home visits: (A) while a youth is 14 confined in a secure facility, whether such confinement is pursuant to a 15 court order or otherwise; (B) while a youth is confined in a residential 16 facility other than a secure facility within six months after confine- 17 ment in a secure facility; and (C) while a youth is confined in a resi- 18 dential facility other than a secure facility in excess of six months 19 after confinement in a secure facility unless two accompanied home 20 visits have already occurred. An "accompanied home visit" shall mean a 21 home visit during which the youth shall be accompanied at all times 22 while outside the secure or residential facility by appropriate person- 23 nel of the [division for youth designated pursuant to regulations of the 24 director of the division] OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF 25 APPLICABLE, A LOCAL SOCIAL SERVICES DISTRICT WHICH OPERATES AN APPROVED 26 JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION 27 FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW. 28 (b) Notwithstanding any other provision of law, during the first 29 twelve months of the respondent's placement, no motion, hearing or order 30 may be made, held or granted pursuant to section 355.1; provided, howev- 31 er, that during such period a motion to vacate the order may be made 32 pursuant to [355.1] SUCH SECTION, but only upon grounds set forth in 33 section 440.10 of the criminal procedure law. 34 (c) During the placement or any extension thereof: 35 (i) after the expiration of the period provided in [clause] SUBPARA- 36 GRAPH (iii) of paragraph (a) OF THIS SUBDIVISION, the respondent shall 37 not be released from a residential facility without the written approval 38 of the [director of the division for youth or his designated deputy 39 director] OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A 40 SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES 41 CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE 42 SOCIAL SERVICES LAW. 43 (ii) the respondent shall be subject to intensive supervision whenever 44 not in a secure or residential facility. 45 (iii) the respondent shall not be discharged from the custody of the 46 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF 47 APPLICABLE, A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE 48 JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR 49 HUNDRED FOUR OF THE SOCIAL SERVICES LAW, unless a motion therefor under 50 section 355.1 is granted by the court, which motion shall not be made 51 prior to the expiration of three years of the placement. 52 (iv) unless otherwise specified in the order, the [division] OFFICE OF 53 CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A SOCIAL SERVICES 54 DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME 55 INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES 56 LAW shall report in writing to the court not less than once every six S. 6257--A 47 A. 9057--A 1 months during the placement on the status, adjustment and progress of 2 the respondent. 3 (d) Upon the expiration of the initial period of placement, or any 4 extension thereof, the placement may be extended in accordance with 5 section 355.3 on a petition of any party or the [division for youth] 6 OFFICE OF CHILDREN AND FAMILY SERVICES, OR, IF APPLICABLE, A SOCIAL 7 SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE 8 TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL 9 SERVICES LAW, after a dispositional hearing, for an additional period 10 not to exceed twelve months, but no initial placement or extension of 11 placement under this section may continue beyond the respondent's twen- 12 ty-first birthday. 13 (e) The court may also make an order pursuant to subdivision two of 14 section 353.4. 15 5. When the order is for a restrictive placement in the case of a 16 youth found to have committed a designated felony act, other than a 17 designated class A felony act, 18 (a) the order shall provide that: 19 (i) the respondent shall be placed with the [division for youth] 20 OFFICE OF CHILDREN AND FAMILY SERVICES for an initial period of three 21 years. If the respondent has been in detention pending disposition, the 22 initial period of placement ordered under this section shall be credited 23 with and diminished by the amount of time spent by the respondent in 24 detention prior to the commencement of the placement unless the court 25 finds that all or part of such credit would not serve the needs and best 26 interests of the respondent or the need for protection of the community. 27 (ii) the respondent shall initially be confined in a secure facility 28 for a period set by the order, to be not less than six nor more than 29 twelve months. 30 (iii) after the period set under [clause] SUBPARAGRAPH (ii) OF THIS 31 PARAGRAPH, the respondent shall be placed in a residential facility for 32 a period set by the order, to be not less than six nor more than twelve 33 months; PROVIDED, HOWEVER, THAT IF THE RESPONDENT HAS BEEN PLACED FROM A 34 FAMILY COURT IN A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVE- 35 NILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR 36 HUNDRED FOUR OF THE SOCIAL SERVICES LAW, ONCE THE TIME FRAMES IN SUBPAR- 37 AGRAPH (II) OF THIS PARAGRAPH ARE MET: 38 (A) BEGINNING ON THE EFFECTIVE DATE OF SUCH A SOCIAL SERVICES 39 DISTRICT'S PLAN THAT ONLY COVERS JUVENILE DELINQUENTS PLACED IN NON-SE- 40 CURE SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES CONCLUDES, 41 BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR 42 PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF CARE IS APPRO- 43 PRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETITION PURSUANT TO 44 PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 355.1 OF THIS PART TO 45 HAVE THE RESPONDENT PLACED WITH THE APPLICABLE LOCAL COMMISSIONER OF 46 SOCIAL SERVICES; AND 47 (B) BEGINNING ON THE EFFECTIVE DATE OF SUCH A SOCIAL SERVICES 48 DISTRICT'S PLAN TO IMPLEMENT PROGRAMS FOR YOUTH PLACED IN LIMITED SECURE 49 SETTINGS, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES CONCLUDES, BASED 50 ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR 51 PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE OR LIMITED SECURE LEVEL 52 OF CARE IS APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A 53 PETITION PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF SECTION 54 355.1 OF THIS PART TO HAVE THE RESPONDENT PLACED WITH THE APPLICABLE 55 LOCAL COMMISSIONER OF SOCIAL SERVICES. S. 6257--A 48 A. 9057--A 1 (C) IF THE RESPONDENT IS PLACED WITH A LOCAL COMMISSIONER OF SOCIAL 2 SERVICES IN ACCORDANCE WITH CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH, THE 3 REMAINDER OF THE PROVISIONS OF THIS SECTION SHALL CONTINUE TO APPLY TO 4 THE RESPONDENT'S PLACEMENT. 5 (iv) the respondent may not be released from a secure facility or 6 transferred to a facility other than a secure facility during the period 7 provided by the court pursuant to [clause] SUBPARAGRAPH (ii) OF THIS 8 PARAGRAPH, nor may the respondent be released from a residential facili- 9 ty during the period provided by the court pursuant to [clause] SUBPARA- 10 GRAPH (iii) OF THIS PARAGRAPH. No home visits shall be permitted during 11 the period of secure confinement set by the court order or one year, 12 whichever is less, except for emergency visits for medical treatment or 13 severe illness or death in the family. All home visits must be accompa- 14 nied home visits: (A) while a youth is confined in a secure facility, 15 whether such confinement is pursuant to a court order or otherwise; (B) 16 while a youth is confined in a residential facility other than a secure 17 facility within six months after confinement in a secure facility; and 18 (C) while a youth is confined in a residential facility other than a 19 secure facility in excess of six months after confinement in a secure 20 facility unless two accompanied home visits have already occurred. An 21 "accompanied home visit" shall mean a home visit during which the youth 22 shall be accompanied at all times while outside the secure or residen- 23 tial facility by appropriate personnel of the [division for youth desig- 24 nated pursuant to regulations of the director of the division] OFFICE OF 25 CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A SOCIAL SERVICES 26 DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE CLOSE TO HOME INITIATIVE 27 PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW. 28 (b) Notwithstanding any other provision of law, during the first six 29 months of the respondent's placement, no motion, hearing or order may be 30 made, held or granted pursuant to section 355.1; provided, however, that 31 during such period a motion to vacate the order may be made pursuant to 32 such section, but only upon grounds set forth in section 440.10 of the 33 criminal procedure law. 34 (c) During the placement or any extension thereof: 35 (i) after the expiration of the period provided in [clause] SUBPARA- 36 GRAPH (iii) of paragraph (a) OF THIS SUBDIVISION, the respondent shall 37 not be released from a residential facility without the written approval 38 of the [director of the division for youth or his designated deputy 39 director] OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A 40 SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES 41 CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE 42 SOCIAL SERVICES LAW. 43 (ii) the respondent shall be subject to intensive supervision whenever 44 not in a secure or residential facility. 45 (iii) the respondent shall not be discharged from the custody of the 46 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, OR, IF 47 APPLICABLE, A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED JUVENILE 48 JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR 49 HUNDRED FOUR OF THE SOCIAL SERVICES LAW. 50 (iv) unless otherwise specified in the order, the [division] OFFICE OF 51 CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A SOCIAL SERVICES 52 DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME 53 INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES 54 LAW, shall report in writing to the court not less than once every six 55 months during the placement on the status, adjustment and progress of 56 the respondent. S. 6257--A 49 A. 9057--A 1 (d) Upon the expiration of the initial period of placement or any 2 extension thereof, the placement may be extended in accordance with 3 section 355.3 upon petition of any party or the [division for youth] 4 OFFICE OF CHILDREN AND FAMILY SERVICES OR, IF APPLICABLE, A SOCIAL 5 SERVICES DISTRICT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES CLOSE 6 TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL 7 SERVICES LAW, after a dispositional hearing, for an additional period 8 not to exceed twelve months, but no initial placement or extension of 9 placement under this section may continue beyond the respondent's twen- 10 ty-first birthday. 11 (e) The court may also make an order pursuant to subdivision two of 12 section 353.4. 13 S 7. Subdivision 8 of section 353.5 of the family court act, as added 14 by chapter 920 of the laws of 1982, is amended to read as follows: 15 8. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES OR, 16 IF APPLICABLE, THE SOCIAL SERVICES DISTRICT OPERATING AN APPROVED CLOSE 17 TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL 18 SERVICES LAW, shall retain the power to continue the confinement of the 19 youth in a secure or other residential facility, AS APPLICABLE, beyond 20 the periods specified by the court, within the term of the placement. 21 S 8. Subdivision 2 of section 355.1 of the family court act, as added 22 by chapter 920 of the laws of 1982, is amended to read as follows: 23 2. An order issued under section 353.3, may, upon a showing of a 24 substantial change of circumstances, be set aside, modified, vacated or 25 terminated upon motion of the commissioner of social services or the 26 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES with whom 27 the respondent has been placed. 28 (A)(I) FOR A SOCIAL SERVICES DISTRICT THAT ONLY HAS AN APPROVED PLAN 29 TO IMPLEMENT PROGRAMS FOR JUVENILE DELINQUENTS PLACED IN NON-SECURE 30 SETTINGS AS PART OF AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME 31 INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES 32 LAW, BEGINNING ON THE EFFECTIVE DATE OF THAT PLAN, IF THE DISTRICT 33 DETERMINES THAT A HIGHER LEVEL OF PLACEMENT IS APPROPRIATE AND CONSIST- 34 ENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY AND THE NEEDS AND BEST 35 INTERESTS OF THE RESPONDENT PLACED INTO ITS CARE, THE SOCIAL SERVICES 36 DISTRICT SHALL FILE A PETITION TO TRANSFER THE CUSTODY OF THE RESPONDENT 37 TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND SHALL PROVIDE A COPY 38 OF SUCH PETITION TO SUCH OFFICE. THE COURT SHALL RENDER A DECISION 39 WHETHER THE JUVENILE DELINQUENT SHOULD BE TRANSFERRED TO THE OFFICE 40 WITHIN SEVENTY-TWO HOURS, EXCLUDING WEEKENDS AND PUBLIC HOLIDAYS. THE 41 FAMILY COURT SHALL, AFTER ALLOWING THE OFFICE OF CHILDREN AND FAMILY 42 SERVICES AN OPPORTUNITY TO BE HEARD, GRANT SUCH A PETITION ONLY IF THE 43 COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE REASONS WHY A 44 LIMITED SECURE OR SECURE LEVEL OF PLACEMENT IS NECESSARY AND CONSISTENT 45 WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR 46 PROTECTION OF THE COMMUNITY. 47 (II) FOR A SOCIAL SERVICES DISTRICT WITH AN APPROVED PLAN OR APPROVED 48 PLANS THAT COVER JUVENILE DELINQUENTS PLACED IN NON-SECURE AND IN LIMIT- 49 ED SECURE SETTINGS AS PART OF AN APPROVED JUVENILE JUSTICE SERVICES 50 CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE 51 SOCIAL SERVICES LAW, BEGINNING ON THE EFFECTIVE DATE OF THE PLAN THAT 52 COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, IF THE 53 DISTRICT DETERMINES THAT A SECURE LEVEL OF PLACEMENT IS APPROPRIATE AND 54 CONSISTENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY AND THE NEEDS 55 AND BEST INTERESTS OF THE RESPONDENT PLACED INTO ITS CARE, THE SOCIAL 56 SERVICES DISTRICT SHALL FILE A PETITION TO TRANSFER THE CUSTODY OF THE S. 6257--A 50 A. 9057--A 1 RESPONDENT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND SHALL 2 PROVIDE A COPY OF SUCH PETITION TO SUCH OFFICE. THE COURT SHALL RENDER A 3 DECISION WHETHER THE YOUTH SHOULD BE TRANSFERRED WITHIN SEVENTY-TWO 4 HOURS, EXCLUDING WEEKENDS AND PUBLIC HOLIDAYS. THE FAMILY COURT SHALL, 5 AFTER ALLOWING THE OFFICE OF CHILDREN AND FAMILY SERVICES AN OPPORTUNITY 6 TO BE HEARD, GRANT SUCH A PETITION ONLY IF THE COURT DETERMINES, AND 7 STATES IN ITS WRITTEN ORDER, THAT THE YOUTH NEEDS A SECURE LEVEL OF 8 PLACEMENT BECAUSE: 9 (A) THE RESPONDENT HAS BEEN SHOWN TO BE EXCEPTIONALLY DANGEROUS TO 10 HIMSELF OR HERSELF OR TO OTHER PERSONS. EXCEPTIONALLY DANGEROUS BEHAVIOR 11 MAY INCLUDE, BUT IS NOT LIMITED TO, ONE OR MORE SERIOUS INTENTIONAL 12 ASSAULTS, SEXUAL ASSAULTS OR SETTING FIRES; OR, 13 (B) THE RESPONDENT HAS DEMONSTRATED BY A PATTERN OF BEHAVIOR THAT HE 14 OR SHE NEEDS A MORE STRUCTURED SETTING AND THE SOCIAL SERVICES DISTRICT 15 HAS CONSIDERED THE APPROPRIATENESS AND AVAILABILITY OF A TRANSFER TO AN 16 ALTERNATIVE NON-SECURE OR LIMITED SECURE FACILITY. SUCH BEHAVIOR MAY 17 INCLUDE, BUT IS NOT LIMITED TO: DISRUPTIONS IN FACILITY PROGRAMS; 18 CONTINUOUSLY AND MALICIOUSLY DESTROYING PROPERTY; OR, REPEATEDLY COMMIT- 19 TING OR INCITING OTHER YOUTH TO COMMIT ASSAULTIVE OR DESTRUCTIVE ACTS. 20 (III) THE COURT MAY ORDER THAT THE RESPONDENT BE HOUSED IN A LOCAL 21 SECURE DETENTION FACILITY ON AN INTERIM BASIS PENDING ITS FINAL RULING 22 ON THE PETITION FILED PURSUANT TO THIS PARAGRAPH. 23 (B) THE FOLLOWING PROVISIONS SHALL APPLY IF THE OFFICE OF CHILDREN AND 24 FAMILY SERVICES FILES A PETITION WITH A FAMILY COURT IN A SOCIAL 25 SERVICES DISTRICT WITH AN APPROVED JUVENILE JUSTICE SERVICES CLOSE TO 26 HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE SOCIAL 27 SERVICES LAW TO TRANSFER, WITHIN THE FIRST NINETY DAYS THAT SUCH PLAN IS 28 EFFECTIVE, TO SUCH DISTRICT A RESPONDENT PLACED IN THE OFFICE'S CARE 29 PURSUANT TO EITHER SECTION 353.3 OR 353. 5 OF THIS PART: 30 (I) IF THE DISTRICT ONLY HAS AN APPROVED PLAN THAT COVERS JUVENILE 31 DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE FAMILY COURT SHALL GRANT 32 SUCH A PETITION, WITHOUT A HEARING, UNLESS THE ATTORNEY FOR THE RESPOND- 33 ENT OBJECTS TO THE TRANSFER ON THE BASIS THAT THE RESPONDENT NEEDS TO BE 34 PLACED IN A LIMITED SECURE OR SECURE SETTING OR THE FAMILY COURT DETER- 35 MINES THAT THERE IS INSUFFICIENT INFORMATION IN THE PETITION TO GRANT 36 THE TRANSFER WITHOUT A HEARING. THE FAMILY COURT SHALL GRANT THE PETI- 37 TION UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE 38 REASONS WHY A SECURE OR LIMITED SECURE PLACEMENT IS NECESSARY AND 39 CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE 40 NEED FOR PROTECTION OF THE COMMUNITY. 41 (II) IF THE DISTRICT HAS AN APPROVED PLAN OR APPROVED PLANS THAT COVER 42 JUVENILE DELINQUENTS PLACED IN NON-SECURE AND IN LIMITED SECURE 43 SETTINGS, FOR THE FIRST NINETY DAYS THAT THE PLAN THAT COVERS JUVENILE 44 DELINQUENTS IN LIMITED SECURE SETTINGS IS EFFECTIVE, THE FAMILY COURT 45 SHALL GRANT SUCH A PETITION, WITHOUT A HEARING, UNLESS THE ATTORNEY FOR 46 THE RESPONDENT OBJECTS TO THE TRANSFER ON THE BASIS THAT THE RESPONDENT 47 NEEDS TO BE PLACED IN A SECURE SETTING OR THE FAMILY COURT DETERMINES 48 THAT THERE IS INSUFFICIENT INFORMATION IN THE PETITION TO GRANT THE 49 TRANSFER WITHOUT A HEARING. THE FAMILY COURT SHALL GRANT THE PETITION 50 UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE 51 REASONS WHY A SECURE PLACEMENT IS NECESSARY AND CONSISTENT WITH THE 52 NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR PROTECTION 53 OF THE COMMUNITY. 54 (C) BEGINNING NINETY-ONE DAYS AFTER THE EFFECTIVE DATE A SOCIAL 55 SERVICES DISTRICT'S PLAN TO IMPLEMENT PROGRAMS FOR JUVENILE JUSTICE 56 SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR S. 6257--A 51 A. 9057--A 1 OF THE SOCIAL SERVICES LAW, IF THE OFFICE OF CHILDREN AND FAMILY 2 SERVICES FILES A PETITION TO TRANSFER TO SUCH DISTRICT A RESPONDENT 3 PLACED IN THE OFFICE'S CARE PURSUANT TO EITHER SECTION 353.3 OR 353.5 OF 4 THIS PART FROM A FAMILY COURT IN SUCH A SOCIAL SERVICES DISTRICT, THE 5 OFFICE SHALL PROVIDE A COPY OF THE PETITION TO THE SOCIAL SERVICES 6 DISTRICT AND THE PRESENTMENT AGENCY. 7 (I) IF THE DISTRICT ONLY HAS AN APPROVED PLAN THAT COVERS JUVENILE 8 DELINQUENTS PLACED IN NON-SECURE SETTINGS, THE FAMILY COURT SHALL, AFTER 9 ALLOWING THE SOCIAL SERVICES DISTRICT AND THE PRESENTMENT AGENCY AN 10 OPPORTUNITY TO BE HEARD, GRANT A PETITION FILED PURSUANT TO THIS SUBPAR- 11 AGRAPH UNLESS THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE 12 REASONS WHY A SECURE OR LIMITED SECURE PLACEMENT IS NECESSARY AND 13 CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE 14 NEED FOR PROTECTION OF THE COMMUNITY. 15 (II) IF THE DISTRICT HAS AN APPROVED PLAN OR APPROVED PLANS THAT COVER 16 JUVENILE DELINQUENTS PLACED IN NON-SECURE AND LIMITED SECURE SETTINGS, 17 BEGINNING NINETY-ONE DAYS AFTER THE EFFECTIVE DATE OF THE PLAN THAT 18 COVERS JUVENILE DELINQUENTS PLACED IN LIMITED SECURE SETTINGS, THE FAMI- 19 LY COURT, AFTER ALLOWING THE SOCIAL SERVICES DISTRICT AND THE PRESENT- 20 MENT AGENCY AN OPPORTUNITY TO BE HEARD, SHALL GRANT A PETITION FILED 21 PURSUANT TO THIS SUBPARAGRAPH, UNLESS THE COURT DETERMINES, AND STATES 22 IN ITS WRITTEN ORDER, THE REASONS WHY A SECURE PLACEMENT IS NECESSARY 23 AND CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND 24 THE NEED FOR PROTECTION OF THE COMMUNITY. 25 S 9. Subdivision 1 of section 355.5 of the family court act, as added 26 by chapter 7 of the laws of 1999, is amended to read as follows: 27 1. For the purposes of this section the term "non-secure facility" 28 means a facility operated by an authorized agency in accordance with an 29 operating certificate issued pursuant to the social services law or a 30 facility[, not including a secure or limited secure facility,] with a 31 capacity of twenty-five beds or less operated by the office of children 32 and family services in accordance with section five hundred four of the 33 executive law. THE TERM SHALL NOT INCLUDE A LIMITED SECURE OR A SECURE 34 FACILITY OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A 35 LIMITED SECURE FACILITY WITHIN A SOCIAL SERVICES DISTRICT OPERATING AN 36 APPROVED JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO 37 SECTION FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW. 38 S 10. Notwithstanding any other provision of law to the contrary, the 39 state shall be authorized to lease to the city of New York, for a dollar 40 a year, any real property utilized for the care, maintenance and super- 41 vision of adjudicated juvenile delinquents for use by a social services 42 district pursuant to an approved plan for a juvenile justice services 43 close to home initiative for the purpose of carrying out any powers, 44 functions or duties described in section four hundred four of the social 45 services law, or any other provision of this act. The city of New York 46 shall be responsible for the all costs associated with operating and 47 maintaining such real property other than any debt services costs for 48 such property that were in existence when the lease was executed. Appli- 49 cable state officials shall be authorized to make announced and unan- 50 nounced inspections of the property to determine whether it is being 51 maintained in an appropriate manner. The city of New York shall be 52 responsible for making any repairs to such leased property necessary to 53 maintain the property in at least as good as condition as it was when 54 the property was first leased to the city, allowing for normal wear and 55 tear, and shall return the property to the state, when the lease ends or 56 is terminated, in the same or better condition than the property was in S. 6257--A 52 A. 9057--A 1 at the time the lease was first executed, aside from normal wear and 2 tear. The city of New York shall obtain prior approval from the state 3 for any major renovations to any such leased property. The leasing to 4 the social services district or the subleasing, design, construction, 5 reconstruction, improvement, rehabilitation, maintaining, furnishing, 6 repairing, equipping or use of any such facility by the social services 7 district for the care, maintenance and supervision of adjudicated juve- 8 nile delinquents shall not be subject to the provisions of any general, 9 special or local law, city charter, administrative code, ordinance or 10 resolution governing uniform land use review procedures, any other land 11 use planning review and approvals, historic preservation procedures, 12 architectural reviews, franchise approvals and other state or local 13 review and approval procedures governing the use of land and the 14 improvements thereon within the city. 15 S 11. This act shall take effect April 1, 2012 and shall expire on 16 March 31, 2018 when upon such date the provisions of this act shall be 17 deemed repealed; provided, however, that effective immediately, the 18 addition, amendment and/or repeal of any rule or regulation necessary 19 for the implementation of this act on its effective date are authorized 20 and directed to be made and completed on or before such effective date; 21 provided, however, upon the repeal of this act, a social services 22 district that has custody of a juvenile delinquent pursuant to an 23 approved juvenile justice services close to home initiative shall retain 24 custody of such juvenile delinquent until custody may be legally trans- 25 ferred in an orderly fashion to the office of children and family 26 services. 27 SUBPART B 28 Section 1. Section 398 of the social services law is amended by adding 29 a new subdivision 3-a to read as follows: 30 3-A. AS TO DELINQUENT CHILDREN: 31 (A)(1) CONDITIONALLY RELEASE ANY JUVENILE DELINQUENT PLACED WITH THE 32 DISTRICT TO AFTERCARE WHENEVER THE DISTRICT DETERMINES CONDITIONAL 33 RELEASE TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF SUCH JUVE- 34 NILE DELINQUENT, THAT SUITABLE CARE AND SUPERVISION CAN BE PROVIDED, AND 35 THAT THERE IS A REASONABLE PROBABILITY THAT SUCH JUVENILE DELINQUENT CAN 36 BE CONDITIONALLY RELEASED WITHOUT ENDANGERING PUBLIC SAFETY; PROVIDED, 37 HOWEVER, THAT SUCH CONDITIONAL RELEASE SHALL BE MADE IN ACCORDANCE WITH 38 THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND 39 PROVIDED FURTHER THAT NO JUVENILE DELINQUENT WHILE ABSENT FROM A FACILI- 40 TY OR PROGRAM WITHOUT THE CONSENT OF THE DIRECTOR OF SUCH FACILITY OR 41 PROGRAM SHALL BE CONDITIONALLY RELEASED BY THE DISTRICT SOLELY BY REASON 42 OF THE ABSENCE. 43 (2) IT SHALL BE A CONDITION OF SUCH RELEASE THAT A JUVENILE DELINQUENT 44 SO RELEASED SHALL CONTINUE TO BE THE RESPONSIBILITY OF THE SOCIAL 45 SERVICES DISTRICT FOR THE PERIOD PROVIDED IN THE ORDER OF PLACEMENT. 46 (3) THE SOCIAL SERVICES DISTRICT MAY PROVIDE CLOTHING, SERVICES AND 47 OTHER NECESSITIES FOR ANY CONDITIONALLY RELEASED JUVENILE DELINQUENT, AS 48 MAY BE REQUIRED, INCLUDING MEDICAL CARE AND SERVICES NOT PROVIDED TO 49 SUCH JUVENILE DELINQUENT AS MEDICAL ASSISTANCE FOR NEEDY PERSONS PURSU- 50 ANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER. 51 (4) THE SOCIAL SERVICES DISTRICT, PURSUANT TO THE REGULATIONS OF THE 52 OFFICE OF CHILDREN AND FAMILY SERVICES, MAY CAUSE A JUVENILE DELINQUENT 53 TO BE RETURNED TO A FACILITY OPERATED AND MAINTAINED BY THE DISTRICT, OR 54 AN AUTHORIZED AGENCY UNDER CONTRACT WITH THE DISTRICT, AT ANY TIME WITH- S. 6257--A 53 A. 9057--A 1 IN THE PERIOD OF PLACEMENT, WHERE THERE IS A VIOLATION OF THE CONDITIONS 2 OF RELEASE OR A CHANGE OF CIRCUMSTANCES. 3 (5) JUVENILE DELINQUENTS CONDITIONALLY RELEASED BY A SOCIAL SERVICES 4 DISTRICT MAY BE PROVIDED FOR AS FOLLOWS: 5 (I) IF, IN THE OPINION OF THE SOCIAL SERVICES DISTRICT, THERE IS NO 6 SUITABLE PARENT, RELATIVE OR GUARDIAN TO WHOM A JUVENILE DELINQUENT CAN 7 BE CONDITIONALLY RELEASED, AND SUITABLE CARE CANNOT OTHERWISE BE 8 SECURED, THE DISTRICT MAY CONDITIONALLY RELEASE SUCH JUVENILE DELINQUENT 9 TO THE CARE OF ANY OTHER SUITABLE PERSON. 10 (II) IF A CONDITIONALLY RELEASED JUVENILE DELINQUENT IS SUBJECT TO 11 ARTICLE SIXTY-FIVE OF THE EDUCATION LAW OR ELECTS TO PARTICIPATE IN AN 12 EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL DIPLOMA, HE OR SHE SHALL BE 13 ENROLLED IN A SCHOOL OR EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL 14 DIPLOMA FOLLOWING RELEASE, OR, IF SUCH RELEASE OCCURS DURING THE SUMMER 15 RECESS, UPON THE COMMENCEMENT OF THE NEXT SCHOOL TERM. IF A CONDI- 16 TIONALLY RELEASED JUVENILE DELINQUENT IS NOT SUBJECT TO ARTICLE 17 SIXTY-FIVE OF THE EDUCATION LAW, AND DOES NOT ELECT TO PARTICIPATE IN AN 18 EDUCATIONAL PROGRAM LEADING TO A HIGH SCHOOL DIPLOMA, STEPS SHALL BE 19 TAKEN, TO THE EXTENT POSSIBLE, TO FACILITATE HIS OR HER GAINFUL EMPLOY- 20 MENT OR ENROLLMENT IN A VOCATIONAL PROGRAM FOLLOWING RELEASE. 21 (B) WHEN A JUVENILE DELINQUENT PLACED WITH THE SOCIAL SERVICES 22 DISTRICT IS ABSENT FROM PLACEMENT WITHOUT CONSENT, SUCH ABSENCE SHALL 23 INTERRUPT THE CALCULATION OF TIME FOR HIS OR HER PLACEMENT. SUCH INTER- 24 RUPTION SHALL CONTINUE UNTIL SUCH JUVENILE DELINQUENT RETURNS TO THE 25 FACILITY OR AUTHORIZED AGENCY IN WHICH HE OR SHE WAS PLACED. PROVIDED, 26 HOWEVER, THAT ANY TIME SPENT BY A JUVENILE DELINQUENT IN CUSTODY FROM 27 THE DATE OF ABSENCE TO THE DATE PLACEMENT RESUMES SHALL BE CREDITED 28 AGAINST THE TIME OF SUCH PLACEMENT PROVIDED THAT SUCH CUSTODY: 29 (1) WAS DUE TO AN ARREST OR SURRENDER BASED UPON THE ABSENCE; OR 30 (2) AROSE FROM AN ARREST OR SURRENDER ON ANOTHER CHARGE WHICH DID NOT 31 CULMINATE IN A CONVICTION, ADJUDICATION OR ADJUSTMENT. 32 (C) IN ADDITION TO THE OTHER REQUIREMENTS OF THIS SECTION, NO JUVENILE 33 DELINQUENT PLACED WITH A SOCIAL SERVICES DISTRICT OPERATING AN APPROVED 34 JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION 35 FOUR HUNDRED FOUR OF THIS CHAPTER PURSUANT TO A RESTRICTIVE PLACEMENT 36 UNDER THE FAMILY COURT ACT SHALL BE RELEASED EXCEPT PURSUANT TO SECTION 37 353.5 OF THE FAMILY COURT ACT. 38 S 2. Section 351.1 of the family court act is amended by adding a new 39 subdivision 2-b to read as follows: 40 2-B. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP A VALI- 41 DATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESS- 42 MENT PROCESS FOR JUVENILE DELINQUENTS. THE DIVISION SHALL PERIODICALLY 43 REVALIDATE ANY APPROVED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT. 44 THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONSPICUOUSLY POST ANY 45 APPROVED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY RISK 46 ASSESSMENT PROCESS ON ITS WEBSITE AND SHALL CONFER WITH APPROPRIATE 47 STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FOR CHILDREN, 48 PRESENTMENT AGENCIES, PROBATION AND THE FAMILY COURT, PRIOR TO REVISING 49 ANY VALIDATED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT OR PROCESS. 50 ANY SUCH REVISED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL BE 51 SUBJECT TO PERIODIC EMPIRICAL VALIDATION. THE DIVISION OF CRIMINAL 52 JUSTICE SERVICES SHALL PROVIDE TRAINING ON THE INSTRUMENT AND ANY PROC- 53 ESS TO THE FAMILY COURTS, LOCAL PROBATION DEPARTMENTS, PRESENTMENT AGEN- 54 CIES AND COURT APPOINTED ATTORNEYS FOR RESPONDENTS. THE DIVISION MAY 55 DETERMINE THAT A PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT AND ANY 56 PROCESS IN USE PURSUANT TO SUBDIVISION TWO-A OF SECTION 351.1 OF THIS S. 6257--A 54 A. 9057--A 1 PART MAY CONTINUE TO BE USED PURSUANT TO SUCH SUBDIVISION INSTEAD OF 2 REQUIRING THE USE OF ANY INSTRUMENT OR PROCESS DEVELOPED PURSUANT TO 3 THIS SUBDIVISION. 4 (A) ONCE AN INITIAL VALIDATED RISK ASSESSMENT INSTRUMENT AND RISK 5 ASSESSMENT PROCESS HAVE BEEN DEVELOPED, THE DIVISION OF CRIMINAL JUSTICE 6 SERVICES SHALL PROVIDE THE SUPERVISING FAMILY COURT JUDGES AND LOCAL 7 PROBATION DEPARTMENTS WITH COPIES OF THE VALIDATED RISK ASSESSMENT 8 INSTRUMENT AND PROCESS AND NOTIFY THEM OF THE EFFECTIVE DATE OF THE 9 INSTRUMENT AND PROCESS, WHICH SHALL BE AT LEAST SIX MONTHS AFTER SUCH 10 NOTIFICATION. 11 (B) COMMENCING ON THE EFFECTIVE DATE OF A VALIDATED RISK ASSESSMENT 12 INSTRUMENT AND ANY RISK ASSESSMENT PROCESS AND THEREAFTER, EACH 13 PROBATION INVESTIGATION ORDERED UNDER SUBDIVISION TWO OF THIS SECTION 14 SHALL INCLUDE THE RESULTS OF THE VALIDATED RISK ASSESSMENT OF THE 15 RESPONDENT AND PROCESS, IF ANY; AND A RESPONDENT SHALL NOT BE PLACED IN 16 ACCORDANCE WITH SECTION 353.3 OR 353.5 OF THIS PART UNLESS THE COURT HAS 17 RECEIVED AND GIVEN DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED 18 RISK ASSESSMENT AND ANY PROCESS AND MADE THE FINDINGS REQUIRED PURSUANT 19 TO PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION 352.2 OF THIS PART. 20 (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, DATA 21 NECESSARY FOR COMPLETION OF A PRE-DISPOSITIONAL RISK ASSESSMENT INSTRU- 22 MENT MAY BE SHARED BETWEEN LAW ENFORCEMENT, PROBATION, COURTS, DETENTION 23 ADMINISTRATIONS, DETENTION PROVIDERS, PRESENTMENT AGENCIES AND THE 24 ATTORNEY FOR THE CHILD UPON RETENTION OR APPOINTMENT SOLELY FOR THE 25 PURPOSE OF ACCURATE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT, AND A 26 COPY OF THE COMPLETED PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT SHALL 27 BE MADE AVAILABLE TO THE APPLICABLE COURT. 28 (D) LOCAL PROBATION DEPARTMENTS SHALL PROVIDE THE DIVISION OF CRIMINAL 29 JUSTICE SERVICES WITH INFORMATION REGARDING USE OF THE PRE-DISPOSITIONAL 30 RISK ASSESSMENT INSTRUMENT AND ANY RISK ASSESSMENT PROCESS IN THE TIME 31 AND MANNER REQUIRED BY THE DIVISION. THE DIVISION MAY REQUIRE THAT SUCH 32 DATA BE SUBMITTED TO THE DIVISION ELECTRONICALLY. THE DIVISION SHALL 33 SHARE SUCH INFORMATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES. 34 S 3. Subdivision 2 of section 352.2 of the family court act is amended 35 by adding a new paragraph (g) to read as follows: 36 (G)(I) ONCE A VALIDATED RISK ASSESSMENT INSTRUMENT AND ANY RISK 37 ASSESSMENT PROCESS IS A REQUIRED PART OF EACH PROBATION INVESTIGATION 38 ORDERED UNDER SUBDIVISION TWO OF SECTION 351.1 OF THIS PART AND PROVIDED 39 TO THE COURT IN ACCORDANCE WITH SUBDIVISION TWO-B OF SUCH SECTION, THE 40 COURT SHALL GIVE DUE CONSIDERATION TO THE RESULTS OF SUCH VALIDATED RISK 41 ASSESSMENT AND ANY SUCH PROCESS WHEN DETERMINING THE APPROPRIATE DISPO- 42 SITION FOR THE RESPONDENT. 43 (II) ANY ORDER OF THE COURT DIRECTING THE PLACEMENT OF A RESPONDENT 44 INTO A RESIDENTIAL PROGRAM SHALL STATE: 45 (A) THE LEVEL OF RISK THE YOUTH WAS ASSESSED PURSUANT TO THE VALIDATED 46 RISK ASSESSMENT INSTRUMENT; AND 47 (B) IF A DETERMINATION IS MADE TO PLACE A YOUTH IN A HIGHER LEVEL OF 48 PLACEMENT THAN APPEARS WARRANTED BASED ON SUCH RISK ASSESSMENT INSTRU- 49 MENT AND ANY RISK ASSESSMENT PROCESS, THE PARTICULAR REASONS WHY SUCH 50 PLACEMENT WAS DETERMINED TO BE NECESSARY FOR THE PROTECTION OF THE 51 COMMUNITY AND TO BE CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE 52 RESPONDENT; AND 53 (C) THAT A LESS RESTRICTIVE ALTERNATIVE THAT WOULD BE CONSISTENT WITH 54 THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR 55 PROTECTION OF THE COMMUNITY IS NOT AVAILABLE. S. 6257--A 55 A. 9057--A 1 S 4. The opening paragraph of subdivision 2 of section 353.3 of the 2 family court act, as amended by section 6 of part G of chapter 58 of the 3 laws of 2010, is amended to read as follows: 4 Where the respondent is placed with the commissioner of the local 5 social services district[, the court may direct the commissioner to 6 place him or her with an authorized agency or class of authorized agen- 7 cies, including, if] AND the court finds that the respondent is a sexu- 8 ally exploited child as defined in subdivision one of section four 9 hundred forty-seven-a of the social services law[,] AND PLACES SUCH 10 RESPONDENT IN an available long-term safe house. Unless the disposi- 11 tional order provides otherwise, the court so directing shall include 12 one of the following alternatives to apply in the event that the commis- 13 sioner is unable to so place the respondent: 14 S 5. The opening paragraph of subdivision 3 of section 353.3 of the 15 family court act, as amended by section 6 of part G of chapter 58 of the 16 laws of 2010, is amended to read as follows: 17 Where the respondent is placed with the office of children and family 18 services, the court shall, unless [it directs the office to place him or 19 her with an authorized agency or class of authorized agencies, including 20 if] the court finds that the respondent is a sexually exploited child as 21 defined in subdivision one of section four hundred forty-seven-a of the 22 social services law[,] AND PLACES SUCH RESPONDENT IN an available long- 23 term safe house pursuant to subdivision four of this section, authorize 24 the office to do one of the following: 25 S 6. Subdivision 4 of section 353.3 of the family court act, as 26 amended by section 6 of part G of chapter 58 of the laws of 2010, is 27 amended to read as follows: 28 4. Where the respondent is placed with the office of children and 29 family services, AND IF THE COURT FINDS THAT THE RESPONDENT IS A SEXUAL- 30 LY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED 31 FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, the court may direct the 32 office to place the respondent [with an authorized agency or class of 33 authorized agencies, including, if the court finds that the respondent 34 is a sexually exploited child as defined in subdivision one of section 35 four hundred forty-seven-a of the social services law,] IN an available 36 long-term safe house, and in the event the office is unable to so place 37 the respondent [or, discontinues the placement with the authorized agen- 38 cy], the respondent shall be deemed to have been placed with the office 39 pursuant to paragraph (b) or (c) of subdivision three of this section. 40 [In such cases, the office shall notify the court, presentment agency, 41 respondent's attorney and parent or other person responsible for the 42 respondent's care, of the reason for discontinuing the placement with 43 the authorized agency and the level and location of the youth's place- 44 ment.] 45 S 7. Subdivisions 1 and 2 of section 355.4 of the family court act, as 46 added by chapter 479 of the laws of 1992, are amended to read as 47 follows: 48 1. At the conclusion of the dispositional hearing pursuant to this 49 article, where the respondent is to be placed with the [division for 50 youth] OFFICE OF CHILDREN AND FAMILY SERVICES OR A SOCIAL SERVICES 51 DISTRICT, the court shall inquire as to whether the parents or legal 52 guardian of the youth, if present, will consent for the [division] 53 OFFICE OR THE DISTRICT to provide routine medical, dental and mental 54 health services and treatment. 55 2. Notwithstanding subdivision one of this section, where the court 56 places a youth with the [division] OFFICE OF CHILDREN AND FAMILY S. 6257--A 56 A. 9057--A 1 SERVICES OR A SOCIAL SERVICES DISTRICT pursuant to this article and no 2 medical consent has been obtained prior to an order of disposition, the 3 placement order shall be deemed to grant consent for the [division for 4 youth] OFFICE OR THE DISTRICT to provide for routine medical, dental and 5 mental health services and treatment to such youth so placed. 6 S 8. This act shall take effect April 1, 2012; provided, however, that 7 effective immediately, the addition, amendment and/or repeal of any rule 8 or regulation necessary for the implementation of this act on its effec- 9 tive date are authorized and directed to be made and completed on or 10 before such effective date. 11 S 3. Severability clause. If any clause, sentence, paragraph, subdivi- 12 sion, section or part of this act shall be adjudged by any court of 13 competent jurisdiction to be invalid, such judgment shall not affect, 14 impair, or invalidate the remainder thereof, but shall be confined in 15 its operation to the clause, sentence, paragraph, subdivision, section 16 or part thereof directly involved in the controversy in which such judg- 17 ment shall have been rendered. It is hereby declared to be the intent of 18 the legislature that this act would have been enacted even if such 19 invalid provisions had not been included herein. 20 S 4. This act shall take effect immediately; provided, however, that 21 the applicable effective date of subparts A and B of this act shall be 22 as specifically set forth in the last section of such subparts. 23 PART H 24 Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of 25 chapter 57 of the laws of 2005 amending the labor law and other laws 26 implementing the state fiscal plan for the 2005-2006 state fiscal year, 27 relating to the New York state higher education capital matching grant 28 program for independent colleges, as amended by section 1 of part I of 29 chapter 60 of the laws of 2011, is amended to read as follows: 30 (a) The New York state higher education capital matching grant board 31 is hereby created to have and exercise the powers, duties and preroga- 32 tives provided by the provisions of this section and any other provision 33 of law. The board shall remain in existence during the period of the New 34 York state higher education capital matching grant program from the 35 effective date of this section through March 31, [2012] 2013, or the 36 date on which the last of the funds available for grants under this 37 section shall have been disbursed, whichever is earlier; provided, 38 however, that the termination of the existence of the board shall not 39 affect the power and authority of the dormitory authority to perform its 40 obligations with respect to any bonds, notes, or other indebtedness 41 issued or incurred pursuant to authority granted in this section. 42 S 2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter 43 57 of the laws of 2005 amending the labor law and other laws implement- 44 ing the state fiscal plan for the 2005-2006 state fiscal year, relating 45 to the New York state higher education matching grant program for inde- 46 pendent colleges, as amended by section 2 of part M of chapter 59 of the 47 laws of 2010, is amended to read as follows: 48 (h) If a college did not apply for a potential grant by March 31, 49 2009, funds associated with such potential grant shall be awarded, on a 50 competitive basis, to other colleges, according to the priorities set 51 forth below. Colleges shall be eligible to apply for unutilized grants. 52 In such cases, the following priorities shall apply: first, priority 53 shall be given to otherwise eligible colleges that either were, or would 54 have been, deemed ineligible for the program prior to March 31, 2009, S. 6257--A 57 A. 9057--A 1 due to missed deadlines, insufficient matching funds, lack of accredi- 2 tation or other disqualifying reasons; and second, after the board has 3 acted upon all such first-priority applications for unused funds, if any 4 such funds remain, those funds shall be available for distribution to 5 eligible colleges that are located within the same Regents of the State 6 of New York region for which such funds were originally allocated. The 7 dormitory authority shall develop a request for proposals and applica- 8 tion process, in consultation with the board, for such grants and shall 9 develop criteria, subject to review by the board, for the awarding of 10 such grants. Such criteria shall incorporate the matching criteria 11 contained in paragraph (c) of this subdivision, and the application 12 criteria set forth in paragraph (e) of this subdivision. The dormitory 13 authority shall require all applications in response to the request for 14 proposals to be submitted by September 1, [2010] 2012, and the board 15 shall act on each application for such matching grants by November 1, 16 [2010] 2012. 17 S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of 18 section 1 of part U of chapter 57 of the laws of 2005 amending the labor 19 law and other laws implementing the state fiscal plan for the 2005-2006 20 state fiscal year, relating to the New York state higher education 21 matching grant program for independent colleges, as amended by section 2 22 of part I of chapter 60 of the laws of 2011, is amended to read as 23 follows: 24 (A) Notwithstanding the provision of any general or special law to the 25 contrary, and subject to the provisions of chapter 59 of the laws of 26 2000 and to the making of annual appropriations therefor by the legisla- 27 ture, in order to assist the dormitory authority in providing such high- 28 er education capital matching grants, the director of the budget is 29 authorized in any state fiscal year commencing April 1, 2005 or any 30 state fiscal year thereafter for a period ending on March 31, [2012] 31 2014, to enter into one or more service contracts, none of which shall 32 exceed 30 years in duration, with the dormitory authority, upon such 33 terms as the director of the budget and the dormitory authority agree. 34 S 4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter 35 57 of the laws of 2005 amending the labor law and other laws implement- 36 ing the state fiscal plan for the 2005-2006 state fiscal year, relating 37 to the New York state higher education matching grant program for inde- 38 pendent colleges, as amended by section 3 of part I of chapter 60 of the 39 laws of 2011, is amended to read as follows: 40 (b) Any eligible institution receiving a grant pursuant to this arti- 41 cle shall report to the dormitory authority no later than June 1, [2012] 42 2013, on the use of funding received and its programmatic and economic 43 impact. The dormitory authority shall submit a report no later than 44 November 1, [2012] 2013 to the board, the governor, the director of the 45 budget, the temporary president of the senate, and the speaker of the 46 assembly on the aggregate impact of the higher education capital match- 47 ing grant program. Such report shall provide information on the progress 48 and economic impact of such project. 49 S 5. This act shall take effect immediately and shall be deemed to 50 have been in full force and effect on and after April 1, 2012. 51 PART I 52 Section 1. Section 5704 of the education law is amended to read as 53 follows: S. 6257--A 58 A. 9057--A 1 S 5704. Trustees shall make reports; university subject to visitation 2 of regents; SERVICES FOR STATE AGENCIES. 1. The trustees of said 3 university shall make all the reports and perform such other acts as may 4 be necessary to conform to the act of congress, entitled "An act donat- 5 ing public lands to the several states and territories which may provide 6 colleges for the benefit of agriculture and the mechanic arts," approved 7 July second, eighteen hundred sixty-two. The said university shall be 8 subject to visitation of the regents of the university. 9 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND 10 SUBJECT TO THE REVIEW OF THE STATE COMPTROLLER, THE STATE MAY ENTER INTO 11 AN AGREEMENT WITH THE UNIVERSITY PRESCRIBING THE GENERAL TERMS AND 12 CONDITIONS FOR PROVIDING SERVICES OR TECHNICAL ASSISTANCE PURSUANT TO 13 ARTICLE ELEVEN OF THE STATE FINANCE LAW OR PROGRAM ACTIVITIES PURSUANT 14 TO ARTICLE ELEVEN-B OF THE STATE FINANCE LAW. SUBJECT TO SUCH TERMS AND 15 CONDITIONS, STATE AGENCIES MAY ENTER INTO AGREEMENTS WITH SAID UNIVERSI- 16 TY FOR THE PROVISION OF SUCH SERVICES, ASSISTANCE OR ACTIVITIES RELATED 17 TO THE UNIVERSITY'S LAND GRANT MISSION, WHICH AGREEMENTS SHALL NOT BE 18 SUBJECT TO THE REQUIREMENTS OF THE STATE FINANCE LAW. 19 S 2. This act shall take effect immediately. 20 PART J 21 Section 1. Subdivision 4 of section 4410 of the education law, as 22 added by chapter 243 of the laws of 1989, paragraph a as amended by 23 chapter 705 of the laws of 1992, paragraph c as amended by chapter 474 24 of the laws of 1996 and paragraphs d and e as amended by chapter 520 of 25 the laws of 1993, is amended to read as follows: 26 4. Evaluations. a. The board shall identify each preschool child 27 suspected of having a [handicapping condition] DISABILITY who resides 28 within the district and, upon referral to the committee shall, with the 29 consent of the parent, provide for an evaluation related to the 30 suspected disability of the child. The board shall make such identifica- 31 tion in accordance with regulations of the commissioner. 32 b. Each board shall, within time limits established by the commission- 33 er, be responsible for providing the parent of a preschool child 34 suspected of having a [handicapping condition] DISABILITY with a list of 35 approved evaluators in the geographic area. The parent may select the 36 evaluator from such list. PROVIDED HOWEVER THAT, FOR THE TWO THOUSAND 37 TWELVE -- TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER, A 38 LESS-THAN-ARM'S-LENGTH RELATIONSHIP SHALL NOT EXIST BETWEEN THE EVALU- 39 ATOR SELECTED BY THE PARENT FROM SUCH LIST AND THE PROVIDER RECOMMENDED 40 BY THE BOARD TO DELIVER SERVICES TO THE PRESCHOOL CHILD WITH A DISABILI- 41 TY, UNLESS APPROVAL OF THE COMMISSIONER IS OBTAINED OR FOR THE TWO THOU- 42 SAND TWELVE -- TWO THOUSAND THIRTEEN SCHOOL YEAR THE PRESCHOOL CHILD WAS 43 ENROLLED IN SUCH PROGRAM IN THE PRIOR YEAR. PROVIDED FURTHER THAT, 44 UNLESS AUTHORIZED BY THE COMMISSIONER UPON A FINDING THAT THE BOARD HAS 45 DEMONSTRATED THAT THE PROGRAM OFFERED BY THE PROVIDER IS THE ONLY APPRO- 46 PRIATE PROGRAM AVAILABLE TO PROVIDE THE PROGRAMS AND SERVICES RECOM- 47 MENDED IN THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM, THE EVALUATOR 48 SELECTED BY THE PARENT FROM SUCH LIST AND THE PROVIDER RECOMMENDED BY 49 THE BOARD TO DELIVER SERVICES TO SUCH PRESCHOOL CHILD WITH A DISABILITY 50 SHALL NOT BE THE SAME ENTITY. Each board shall provide for dissemination 51 of the list and other information to parents at appropriate sites 52 including but not limited to pre-kindergarten, day care, head start 53 programs and early childhood direction centers, pursuant to regulations 54 of the commissioner. S. 6257--A 59 A. 9057--A 1 c. The documentation of the evaluation shall include all assessment 2 reports and a summary report of the findings of the evaluation on a form 3 prescribed by the commissioner including a detailed statement of the 4 preschool child's individual needs. The summary report shall not make 5 reference to any specific provider of special services or programs. In 6 addition, with the consent of the parents, approved evaluators THAT 7 CONDUCT AN EVALUATION PURSUANT TO THIS SUBDIVISION and committees shall 8 be provided with the most recent evaluation report for a child in tran- 9 sition from programs and services provided pursuant to title [two-a] 10 TWO-A of article twenty-five of the public health law. Nothing shall 11 prohibit an approved evaluator THAT CONDUCTS AN EVALUATION PURSUANT TO 12 THIS SUBDIVISION or the committee from reviewing other assessments or 13 evaluations to determine if such assessments or evaluations fulfill the 14 requirements of the regulations of the commissioner. Notwithstanding any 15 inconsistent provisions of this section, the committee, in its 16 discretion, may obtain an evaluation of the child from another approved 17 evaluator prior to making any recommendation that would place a child in 18 the approved program that conducted the initial evaluation of the child. 19 d. The approved evaluator shall, following completion of the evalu- 20 ation, transmit the documentation of the evaluation to all members of 21 the committee and to a person designated by the municipality in which 22 the preschool child resides. Each municipality shall notify the 23 [approved evaluators in the geographic area] COMMITTEE of the person so 24 designated. The summary report of the evaluation shall be transmitted in 25 English and when necessary, also in the dominant language or other mode 26 of communication of the parent; the documentation of the evaluation 27 shall be transmitted in English and, upon the request of the parent, 28 also in the dominant language or other mode of communication of the 29 parent, unless not clearly feasible to do so pursuant to regulations 30 promulgated by the commissioner. Costs of translating the summary report 31 and documentation of the evaluation shall be separately reimbursed. If, 32 based on the evaluation, the committee finds that a child has a [handi- 33 capping condition] DISABILITY, the committee shall use the documentation 34 of the evaluation to develop an individualized education program for the 35 preschool child. Nothing herein shall prohibit an approved evaluator 36 from at any time providing the parent with a copy of the documentation 37 of the evaluation provided to the committee. 38 e. Prior to the committee meeting at which eligibility will be deter- 39 mined, the committee shall provide the parent with a copy of the summary 40 report of the findings of the evaluation, and shall provide the parent 41 with written notice of the opportunity to address the committee in 42 person or in writing. Upon timely request of the parent, the committee 43 shall, prior to meeting, provide a copy of all written documentation to 44 be considered by the committee; provided, however, that such material 45 shall be provided to the parent at any time upon request. 46 f. If the parent disagrees with the evaluation, the parent may obtain 47 an additional evaluation at public expense to the extent authorized by 48 federal law or regulation. 49 S 2. Subparagraph (i) of paragraph b of subdivision 5 of section 4410 50 of the education law, as amended by chapter 474 of the laws of 1996, is 51 amended to read as follows: 52 (i) If the committee determines that the child has a disability, the 53 committee shall recommend approved appropriate services or special 54 programs and the frequency, duration and intensity of such services, 55 including but not limited to the appropriateness of single services or 56 half-day programs based on the individual needs of the preschool child. S. 6257--A 60 A. 9057--A 1 The committee shall first consider the appropriateness of providing: (i) 2 related services only; (ii) special education itinerant services only; 3 (iii) related services in combination with special education itinerant 4 services; (iv) a half-day program, as defined in the regulations of the 5 commissioner; (v) a full day program; in meeting the child's needs. If 6 the committee determines that the child demonstrates the need for a 7 single related service, such service shall be provided as a related 8 service only or, where appropriate, as a special education itinerant 9 service. Prior to recommending the provision of special education 10 services in a setting which includes only preschool children with disa- 11 bilities, the committee shall first consider providing special education 12 services in a setting which includes age-appropriate peers without disa- 13 bilities. Provision of special education services in a setting with no 14 regular contact with such age-appropriate peers shall be considered only 15 when the nature or severity of the child's disability is such that 16 education in a less restrictive environment with the use of supplementa- 17 ry aids and services cannot be achieved satisfactorily. IN ADDITION, 18 PRIOR TO RECOMMENDING PLACEMENT OF A PRESCHOOL CHILD IN AN APPROVED 19 PROGRAM, THE COMMITTEE SHALL DETERMINE WHETHER SUCH PLACEMENT IS AS 20 CLOSE AS POSSIBLE TO THE CHILD'S HOME AND, IN MAKING SUCH DETERMINATION, 21 SHALL CONSIDER WHETHER ANOTHER APPROPRIATE APPROVED PROGRAM LOCATED 22 CLOSER TO THE CHILD'S HOME IS AVAILABLE. The committee's recommendation 23 shall include a statement of the reasons why less restrictive placements 24 were not recommended, INCLUDING, WHERE THE COMMITTEE RECOMMENDS PLACE- 25 MENT IN AN APPROVED PROGRAM THAT IS MORE DISTANT FROM THE CHILD'S HOME 26 THAN ANOTHER APPROVED PROGRAM OFFERING COMPARABLE SERVICES APPROPRIATE 27 TO THE NEEDS OF THE PRESCHOOL CHILD, AN EXPLANATION OF WHY THE MORE 28 DISTANT PROGRAM WAS RECOMMENDED. The committee may recommend placement 29 in a program that uses psychotropic drugs only if the program has a 30 written policy pertaining to such use and the parent is given a copy of 31 such written policy at the time such recommendation is made. 32 S 3. Paragraph b of subdivision 11 of section 4410 of the education 33 law, as amended by chapter 170 of the laws of 1994, subparagraph (ii) as 34 amended by section 54 of part C of chapter 57 of the laws of 2004, 35 subparagraph (iii) as amended by chapter 205 of the laws of 2009, clause 36 (b) of subparagraph (iii) as amended by section 63 of part A of chapter 37 58 of the laws of 2011, subparagraphs (iv) and (v) as added by chapter 38 474 of the laws of 1996 and subparagraph (vi) as added by section 1 of 39 part Q1 of chapter 109 of the laws of 2006, is amended to read as 40 follows: 41 b. (i) Commencing with the reimbursement of municipalities for 42 services provided pursuant to this section on or after July first, nine- 43 teen hundred ninety-three, AND EXCEPT AS OTHERWISE PROVIDED IN THIS 44 SUBPARAGRAPH, the state shall reimburse fifty-nine and [one half] 45 ONE-HALF percent of the approved costs paid by a municipality for the 46 purposes of this section. Commencing with the reimbursement of munici- 47 palities [for services provided pursuant to this section on or after 48 July first, nineteen hundred ninety-four, the state shall reimburse 49 sixty-nine and one-half percent of the approved costs paid by a munici- 50 pality for the purposes of this section. The state shall reimburse fifty 51 percent of the approved costs paid by a municipality for the purposes of 52 this section for services provided prior to July first, nineteen hundred 53 ninety-three] OTHER THAN THE CITY OF NEW YORK FOR SERVICES PROVIDED 54 PURSUANT TO THIS SECTION ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, 55 THE STATE SHALL ALSO REIMBURSE SIXTY-SIX AND SIX-TENTHS PERCENT OF THE 56 EXCESS LOCAL SHARE AMOUNT. Such state reimbursement to the municipality S. 6257--A 61 A. 9057--A 1 shall BE NET OF ANY DEDUCTIONS PURSUANT TO SUBPARAGRAPH (IV) OF THIS 2 PARAGRAPH AND SHALL not be paid prior to April first of the school year 3 in which such approved costs are paid by the municipality. 4 (ii) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 5 COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, 6 SHALL COMPUTE AND ESTABLISH A LOCAL SHARE BASE AMOUNT FOR CLAIMS BY 7 MUNICIPALITIES OTHER THAN THE CITY OF NEW YORK OF THE APPROVED COSTS 8 SUBJECT TO STATE REIMBURSEMENT FOR SERVICES PROVIDED PURSUANT TO THIS 9 SECTION IN EACH SCHOOL YEAR STARTING WITH THE TWO THOUSAND TWELVE--TWO 10 THOUSAND THIRTEEN SCHOOL YEAR. FOR PURPOSES OF THIS PARAGRAPH, THE 11 "LOCAL SHARE BASE AMOUNT" MEANS THE PRODUCT OF (A) FORTY AND ONE-HALF 12 PERCENT AND (B) THE APPROVED COSTS INCURRED PURSUANT TO THIS SECTION AND 13 SECTION FORTY-FOUR HUNDRED TEN-A OF THIS ARTICLE IN THE TWO THOUSAND 14 ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR ATTRIBUTABLE TO EACH SUCH MUNI- 15 CIPALITY, AND THE "LOCAL SHARE AMOUNT" MEANS THE PRODUCT OF (A) FORTY 16 AND ONE-HALF PERCENT AND (B) THE APPROVED COSTS INCURRED PURSUANT TO 17 THIS SECTION AND SECTION FORTY-FOUR HUNDRED TEN-A OF THIS ARTICLE IN THE 18 CURRENT SCHOOL YEAR ATTRIBUTABLE TO EACH MUNICIPALITY, AND THE "EXCESS 19 LOCAL SHARE AMOUNT" MEANS THE POSITIVE DIFFERENCE BETWEEN THE LOCAL 20 SHARE AMOUNT LESS THE LOCAL SHARE BASE AMOUNT. THE COMMISSIONER SHALL 21 ALSO COMPUTE THE "SCHOOL DISTRICT SHARE" FOR EACH SCHOOL DISTRICT OF 22 RESIDENCE OF PRESCHOOL CHILDREN WHO RESIDE WITHIN THE MUNICIPALITY, AND 23 FOR EACH PRESCHOOL CHILD WHO IS HOMELESS OR A FOSTER CARE CHILD LIVES 24 AND FOR WHOM THE MUNICIPALITY IS THE MUNICIPALITY OF RESIDENCE AS 25 DEFINED IN SECTION FORTY-FOUR HUNDRED TEN-A OF THIS ARTICLE. THE "SCHOOL 26 DISTRICT SHARE" MEANS THE PRODUCT OF: (A) THIRTY-THREE AND THREE-TENTHS 27 PERCENT AND (B) THE EXCESS LOCAL SHARE AMOUNT ATTRIBUTABLE TO THE SCHOOL 28 DISTRICT. THE SCHOOL DISTRICT SHARE SHALL BE A CHARGE UPON THE SCHOOL 29 DISTRICT. THE COMMISSIONER SHALL DEDUCT AN AMOUNT EQUAL TO SUCH UNPAID 30 OBLIGATION FROM ANY PAYMENTS WHICH BECOME DUE TO SUCH SCHOOL DISTRICT 31 PURSUANT TO SUBDIVISION THREE OF SECTION FORTY-FOUR HUNDRED EIGHT OF 32 THIS CHAPTER. WHERE SUCH SCHOOL DISTRICT IS NOT ELIGIBLE FOR PAYMENTS 33 PURSUANT TO SUCH SECTION FORTY-FOUR HUNDRED EIGHT OR THE AMOUNT OF SUCH 34 UNPAID OBLIGATIONS EXCEEDS THE AMOUNT DUE TO SUCH SCHOOL DISTRICT PURSU- 35 ANT TO SUCH SECTION FORTY-FOUR HUNDRED EIGHT IN THE CURRENT SCHOOL YEAR, 36 THE COMMISSIONER SHALL DEDUCT AN AMOUNT EQUAL TO SUCH UNPAID OBLIGATION 37 FROM ANY GENERAL AID FOR PUBLIC SCHOOLS PAYMENTS WHICH BECOME DUE TO 38 SUCH SCHOOL DISTRICT PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF 39 THIS CHAPTER, EXCLUDING PAYMENTS PURSUANT TO CLAUSE (III) OF SUBPARA- 40 GRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SUCH SECTION THIRTY-SIX 41 HUNDRED NINE-A. WHERE SUCH SCHOOL DISTRICT IS NOT ELIGIBLE FOR PAYMENTS 42 PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A, OR THE AMOUNT OF 43 SUCH UNPAID OBLIGATIONS EXCEEDS THE AMOUNT DUE TO SUCH SCHOOL DISTRICT 44 PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED NINE-A IN THE CURRENT SCHOOL 45 YEAR, THE COMMISSIONER SHALL BILL AND RECOVER FROM SUCH SCHOOL DISTRICT 46 ANY EXCESS UNPAID OBLIGATION AND THE AMOUNT RECOVERED FROM SUCH SCHOOL 47 DISTRICT SHALL BE CREDITED TO THE APPROPRIATION FOR PURPOSES OF THIS 48 SECTION IN THE LOCAL ASSISTANCE ACCOUNT OF THE DEPARTMENT. PROVIDED 49 HOWEVER, THAT NO SUCH DEDUCTION OR RECOVERY SHALL BE MADE PRIOR TO JULY 50 FIRST, TWO THOUSAND THIRTEEN AND THE AMOUNT SO DEDUCTED FROM PAYMENTS 51 PURSUANT TO SECTIONS FORTY-FOUR HUNDRED EIGHT OR THIRTY-SIX HUNDRED 52 NINE-A SHALL BE TRANSFERRED TO THE APPROPRIATION MADE FOR PURPOSES OF 53 THIS SECTION FROM THE SUMMER SCHOOL SPECIAL EDUCATION APPROPRIATION OR 54 THE GENERAL SUPPORT FROM PUBLIC SCHOOLS APPROPRIATION. 55 (III) In accordance with a schedule adopted by the commissioner, each 56 municipality which has been notified by a board of its obligation to S. 6257--A 62 A. 9057--A 1 contract for the provision of approved special services or programs for 2 a preschool child shall be provided with a listing of all such children 3 by the commissioner. Such list shall include approved services and costs 4 as prescribed by the commissioner for each such child for whom the muni- 5 cipality shall certify, on such list, the amount expended for such 6 purposes and the date of expenditure. Upon the receipt of such certified 7 statement, the commissioner shall examine the same, and if such expendi- 8 tures were made as required by this section, the commissioner shall 9 approve it and transmit it to the comptroller for audit. The comptroller 10 shall thereupon issue his warrant, in the amount specified in such 11 approved statement for the payment thereof out of moneys appropriated 12 therefor, to the municipal treasurer or chief fiscal officer as the case 13 may be. 14 [(iii)] (IV) (a) Notwithstanding the provisions of this paragraph, any 15 monies due municipalities pursuant to this paragraph for services 16 provided during the two thousand eight--two thousand nine and prior 17 school years shall be reduced by an amount equal to the product of the 18 percentage of the approved costs reimbursed by the state pursuant to 19 subparagraph (i) of this paragraph and any federal participation, pursu- 20 ant to title XIX of the social security act, in special education 21 programs provided pursuant to this section. The commissioner shall 22 deduct such amount, as certified by the commissioner of health as the 23 authorized fiscal agent of the state education department. Such 24 deductions shall be made in accordance with a plan developed by the 25 commissioner and approved by the director of the budget. To the extent 26 that such deductions exceed moneys owed to the municipality pursuant to 27 this paragraph, such excess shall be deducted from any other payments 28 due the municipality. 29 (b) Any moneys due municipalities pursuant to this paragraph for 30 services provided during the two thousand nine--two thousand ten school 31 year and thereafter, or for services provided in a prior school year 32 that were not reimbursed by the state on or before April first, two 33 thousand eleven, shall, in the first instance, be designated as the 34 state share of moneys due a municipality pursuant to title XIX of the 35 social security act, on account of school supportive health services 36 provided to preschool students with disabilities pursuant to this 37 section. Such state share shall be assigned on behalf of municipalities 38 to the department of health, as provided herein; the amount designated 39 as such nonfederal share shall be transferred by the commissioner to the 40 department of health based on the monthly report of the commissioner of 41 health to the commissioner; and any remaining moneys to be apportioned 42 to a municipality pursuant to this section shall be paid in accordance 43 with this section. The amount to be assigned to the department of 44 health, as determined by the commissioner of health, for any munici- 45 pality shall not exceed the federal share of any moneys due such munici- 46 pality pursuant to title XIX of the social security act. Moneys desig- 47 nated as state share moneys shall be paid to such municipality by the 48 department of health based on the submission and approval of claims 49 related to such school supportive health services, in the manner 50 provided by law. 51 [(iv)] (V) Notwithstanding any other provision of law to the contrary, 52 no payments shall be made by the commissioner pursuant to this section 53 on or after July first, nineteen hundred ninety-six based on a claim for 54 services provided during school years nineteen hundred eighty-nine--ni- 55 nety, nineteen hundred ninety--ninety-one, nineteen hundred ninety-one- 56 ninety-two, nineteen hundred ninety-two--ninety-three, nineteen hundred S. 6257--A 63 A. 9057--A 1 ninety-three--ninety-four, and nineteen hundred ninety-four--ninety-five 2 which is submitted later than two years after the end of the nineteen 3 hundred ninety-five--ninety-six school year; provided, however, that no 4 payment shall be barred or reduced where such payment is required as a 5 result of a court order or judgment or a final audit, and provided 6 further that the commissioner may grant a waiver to a municipality 7 excusing the late filing of such a claim upon a finding that the delay 8 was caused by a party other than the municipality or a board to which 9 the municipality delegated authority pursuant to paragraph f of subdivi- 10 sion five or subdivision eight of this section. 11 [(v)] (VI) Notwithstanding any other provision of law to the contrary, 12 no payments shall be made by the commissioner pursuant to this section 13 on or after July first, nineteen hundred ninety-six based on a claim for 14 services provided in the nineteen hundred ninety-five--ninety-six school 15 year or thereafter which is submitted later than three years after the 16 end of the school year in which services were rendered, provided, howev- 17 er, that no payment shall be barred or reduced where such payment is 18 required as a result of a court order or judgment or a final audit, and 19 provided further that the commissioner may grant a waiver to a munici- 20 pality excusing the late filing of such a claim upon a finding that the 21 delay was caused by a party other than the municipality or a board to 22 which the municipality delegates authority pursuant to paragraph f of 23 subdivision five or subdivision eight of this section. 24 [(vi)] (VII) Notwithstanding any other provision of law to the contra- 25 ry, beginning with state reimbursement otherwise payable in the two 26 thousand six--two thousand seven state fiscal year and in each year 27 thereafter, payments pursuant to this section, subject to county agree- 28 ment and in the amounts specified in such agreement, shall be paid no 29 later than June thirtieth of the state fiscal year next following the 30 state fiscal year in which such reimbursement was otherwise eligible for 31 payment and in which the liability to the county for such state 32 reimbursement accrued, provided that such payments in a subsequent state 33 fiscal year shall be recognized by the state and the applicable county 34 as satisfying the state reimbursement obligation for the prior state 35 fiscal year. Any unspent amount associated with such county agreements 36 shall not be available for payments to other counties or municipalities. 37 S 4. This act shall take effect July 1, 2012. 38 PART K 39 Section 1. Paragraph h of subdivision 4 of section 1950 of the educa- 40 tion law is amended by adding a new subparagraph 8 to read as follows: 41 (8) TO ENTER INTO CONTRACTS WITH THE COMMISSIONER OF THE OFFICE OF 42 CHILDREN AND FAMILY SERVICES PURSUANT TO SUBDIVISION SIX-A OF SECTION 43 THIRTY-TWO HUNDRED TWO OF THIS CHAPTER TO PROVIDE TO SUCH OFFICE, FOR 44 THE BENEFIT OF YOUTH IN ITS CUSTODY, ANY SERVICES PROVIDED BY THE BOARD 45 OF COOPERATIVE EDUCATIONAL SERVICES TO COMPONENT SCHOOL DISTRICTS. ANY 46 SUCH PROPOSED CONTRACT SHALL BE SUBJECT TO THE REVIEW AND APPROVAL OF 47 THE COMMISSIONER TO DETERMINE THAT IT IS AN APPROVED COOPERATIVE EDUCA- 48 TIONAL SERVICE. SERVICES PROVIDED PURSUANT TO SUCH CONTRACTS SHALL BE 49 PROVIDED AT COST, AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES 50 SHALL NOT BE AUTHORIZED TO CHARGE ANY COSTS INCURRED IN PROVIDING SUCH 51 SERVICES TO ITS COMPONENT SCHOOL DISTRICTS. 52 S 2. Subdivision 6-a of section 3202 of the education law, as amended 53 by chapter 465 of the laws of 1992, is amended to read as follows: S. 6257--A 64 A. 9057--A 1 6-a. Notwithstanding subdivision six of this section OR ANY OTHER LAW 2 TO THE CONTRARY, the [director of the division for youth] COMMISSIONER 3 OF THE OFFICE OF CHILDREN AND FAMILY SERVICES shall be responsible for 4 the secular education of youth under the jurisdiction of the [division] 5 OFFICE and may contract for such education with the trustees or board of 6 education of the school district wherein a facility for the residential 7 care of [division for] SUCH youth is located OR WITH THE BOARD OF COOP- 8 ERATIVE EDUCATIONAL SERVICES AT WHICH ANY SUCH SCHOOL DISTRICT IS A 9 COMPONENT DISTRICT. A youth attending a local public school while in 10 residence at such facility shall be deemed a resident of the school 11 district where his parent or guardian resides at the commencement of 12 each school year for the purpose of determining which school district 13 shall be responsible for the youth's tuition pursuant to section five 14 hundred four of the executive law. 15 S 3. This act shall take effect immediately. 16 PART L 17 Section 1. Section 527-l of the executive law is REPEALED. 18 S 2. This act shall take effect April 1, 2012; provided, however, if 19 this act shall become a law after such date it shall take effect imme- 20 diately and shall be deemed to have been in full force and effect on and 21 after April 1, 2012. 22 PART M 23 Section 1. Paragraph (d) of subdivision 2 of section 530 of the execu- 24 tive law, as added by section 4 of subpart B of part Q of chapter 58 of 25 the laws of 2011, is amended to read as follows: 26 (d) (I) NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO THE 27 CONTRARY, ANY INFORMATION OR DATA NECESSARY FOR THE DEVELOPMENT, 28 COMPLETION, VALIDATION OR REVALIDATION OF THE DETENTION RISK ASSESSMENT 29 INSTRUMENT SHALL BE SHARED BETWEEN LOCAL PROBATION DEPARTMENTS, THE 30 DIVISION OF CRIMINAL JUSTICE SERVICES AND, WHERE AUTHORIZED BY THE DIVI- 31 SION, ANY ENTITY UNDER CONTRACT WITH THE DIVISION TO PROVIDE INFORMATION 32 TECHNOLOGY SERVICES, THE OFFICE, AND ANY ENTITY UNDER CONTRACT WITH THE 33 OFFICE TO PROVIDE SERVICES RELATING TO THE DEVELOPMENT, COMPLETION, 34 VALIDATION OR REVALIDATION OF THE DETENTION RISK ASSESSMENT INSTRUMENT. 35 (II) Data collected for the purposes of completing the detention risk 36 assessment instrument from any source other than an officially docu- 37 mented record shall be confirmed as soon as practicable. Should any data 38 originally utilized in completing the risk assessment instrument be 39 found to conflict with the officially documented record, the risk 40 assessment instrument shall be completed with the officially documented 41 data and any corresponding revision to the risk categorization shall be 42 made. The office shall periodically revalidate any approved risk assess- 43 ment instrument. The office shall conspicuously post any approved 44 detention risk assessment instrument on its website and shall confer 45 with appropriate stakeholders, including but not limited to, attorneys 46 for children, presentment agencies, probation, and the family court, 47 prior to revising any validated risk assessment instrument. Any such 48 revised risk assessment instrument shall be subject to periodic empir- 49 ical validation. 50 S 2. This act shall take effect immediately. 51 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- 52 sion, section or part of this act shall be adjudged by any court of S. 6257--A 65 A. 9057--A 1 competent jurisdiction to be invalid, such judgment shall not affect, 2 impair, or invalidate the remainder thereof, but shall be confined in 3 its operation to the clause, sentence, paragraph, subdivision, section 4 or part thereof directly involved in the controversy in which such judg- 5 ment shall have been rendered. It is hereby declared to be the intent of 6 the legislature that this act would have been enacted even if such 7 invalid provisions had not been included herein. 8 S 3. This act shall take effect immediately provided, however, that 9 the applicable effective date of Parts A through M of this act shall be 10 as specifically set forth in the last section of such Parts.