Bill Text: NY S06588 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes a state monitor for the Wyandanch union free school district to provide direct oversight of the fiscal policies, practices, programs and decisions of such school district.
Spectrum: Bipartisan Bill
Status: (Passed) 2020-01-22 - APPROVAL MEMO.99 [S06588 Detail]
Download: New_York-2019-S06588-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6588--B 2019-2020 Regular Sessions IN SENATE June 17, 2019 ___________ Introduced by Sens. BROOKS, BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT authorizing the commissioner of education to appoint a monitor to oversee the Wyandanch union free school district and establishing the powers and duties of the monitor; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Definitions. For the purposes of this act: 2 (a) "Monitor" shall mean the person appointed pursuant to section two 3 of this act. 4 (b) "Board of education" or "board" shall mean the board of education 5 of the Wyandanch union free school district. 6 (c) "Superintendent" shall mean the superintendent of the Wyandanch 7 union free school district. 8 (d) "Commissioner" shall mean the commissioner of education. 9 (e) "School district" or "district" shall mean the Wyandanch union 10 free school district. 11 (f) "Comptroller" shall mean the state comptroller. 12 (g) "Relatives" shall mean a Wyandanch union free school district 13 board member's spouse, domestic partner, child, stepchild, stepparent, 14 or any person who is a direct descendant of the grandparents of the 15 current board member or of the board member's spouse or domestic part- 16 ner. 17 § 2. Appointment. (a) The commissioner of education shall appoint a 18 monitor, subject to appropriation, to provide direct oversight of the 19 fiscal policies, practices, programs and decisions of the school 20 district, the board of education and the superintendent. The commission- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11225-10-9S. 6588--B 2 1 er of education shall provide the monitor with technical support and 2 assistance for the purposes of carrying out his or her duties under this 3 act, if requested by the monitor. The monitor shall serve at the pleas- 4 ure of the commissioner of education. 5 (b) The monitor shall be paid a fixed salary set by the commissioner 6 of education and shall be reimbursed for actual and necessary expenses 7 incurred in the performance of his or her duties including travel and 8 supplies. The costs associated with the implementation of this act shall 9 be borne by the state and shall be paid through a state appropriation. 10 (c) The monitor shall be a non-voting ex-officio member of the school 11 board. The monitor shall be an individual who is not a resident or 12 employee of the school district or a relative of board members of the 13 school district at the time of his or her appointment. The monitor shall 14 have experience in school district finances and, to the extent practi- 15 cal, shall have experience in one or more of the following areas: 16 (i) elementary and secondary education; 17 (ii) the operation of school districts in New York; 18 (iii) educating students with disabilities; or 19 (iv) educating English language learners. 20 § 3. (a) The monitor shall be entitled to attend all meetings of the 21 board, including executive sessions; provided however, such monitor 22 shall not be considered for purposes of establishing a quorum of the 23 board. The school district shall fully cooperate with any monitor 24 appointed by the commissioner of education, including but not limited to 25 providing such monitor with access to any necessary documents and 26 records of the district including access to electronic information 27 systems, databases and planning documents, consistent with all applica- 28 ble state and federal statutes including but not limited to the Family 29 Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g) and 30 section 2-d of the education law. 31 (b) The board, in consultation with the monitor, shall adopt a 32 conflict of interest policy that complies with all existing applicable 33 laws and regulations and ensures that its board members act in the 34 school district's best interest and comply with applicable legal 35 requirements. The conflict of interest policy shall include, but not be 36 limited to: 37 (i) a definition of the circumstances that constitute a conflict of 38 interest; 39 (ii) procedures for disclosing a conflict of interest to the board; 40 (iii) a requirement that the person with the conflict of interest not 41 participate in board deliberation or vote on the matter giving rise to 42 such conflict, provided that nothing in this subdivision shall prohibit 43 the board from requesting that the person with the conflict of interest 44 present information as background or answer questions at a board meeting 45 prior to the commencement of deliberations or voting relating thereto; 46 (iv) a prohibition against any attempt by the person with the conflict 47 to influence improperly the deliberation or voting on the matter giving 48 rise to such conflict; and 49 (v) a requirement that the existence and resolution of the conflict be 50 documented in the board's records, including in the minutes of any meet- 51 ing at which the conflict was discussed or voted upon. 52 § 4. Financial plan. The financial plan shall be hereinafter known as 53 the "plan". (a) No later than November first, two thousand nineteen, the 54 board, in consultation with the monitor, shall develop a proposed finan- 55 cial plan for the two thousand nineteen--two thousand twenty school year 56 and the four subsequent school years. The financial plan shall ensureS. 6588--B 3 1 that annual aggregate operating expenses shall not exceed annual aggre- 2 gate operating revenues for such school year and that the major operat- 3 ing funds of the district be balanced in accordance with generally 4 accepted accounting principles. The financial plan shall include state- 5 ments of all estimated revenues, expenditures, and cash flow projections 6 of the district. 7 (b) Prior to submitting the proposed plan to the monitor for review 8 and approval of the monitor, the board of education shall conduct a 9 public hearing on the plans and consider the input of the community. The 10 proposed plan shall be made public on the district's website at least 11 three business days before such public hearing. Once the proposed finan- 12 cial plan has been adopted by the board of education, such plan shall be 13 submitted to the monitor for final approval. 14 (c) No later than fifteen calendar days after submitting the proposed 15 plan to the monitor, unless the monitor needs additional information to 16 make an informed decision, the monitor shall approve or disapprove the 17 financial plan. In the event the monitor shall disapprove such plan, the 18 monitor shall promptly provide the board written notice of its reasons 19 for disapproval. Within fifteen calendar days from the receipt of such 20 notice, the board shall modify the rejected plan. If the modified plan 21 is approved by the monitor, the board of education shall adopt and 22 implement such plan. If the modified plan is not approved by the moni- 23 tor, the monitor shall impose a plan of his or her own formulation, and 24 the board shall then adopt and implement such plan. The final financial 25 plan shall be made available to the public, including on the district's 26 website, at least three business days after adoption. 27 § 5. Fiscal and operational oversight by the commissioner of educa- 28 tion. 29 (a) The board of education shall annually submit the school district's 30 proposed budget for the next succeeding school year to the monitor no 31 later than 45 days before the date scheduled for the school district's 32 budget vote. The monitor shall review the proposed budget to ensure 33 that it is balanced within the context of revenue and expenditure esti- 34 mates and mandated programs and, to the greatest extent possible, is 35 consistent with the financial plan. The monitor shall present its find- 36 ings to the board of education no later than 30 days prior to the date 37 scheduled for the school district's budget vote. The board of education, 38 with the approval of the monitor, shall make adjustments to the proposed 39 budget consistent with any recommendations made by the monitor. The 40 school district shall make available on the district's website: the 41 initial proposed budget; the monitor's findings; and the final proposed 42 budget prior to the date of the school district's budget vote. Nothing 43 in this act shall be construed to abrogate the duties and responsibil- 44 ities of the school district consistent with applicable state law and 45 regulations. 46 (b) The district shall provide quarterly reports to the monitor and 47 annual reports to the commissioner and comptroller on the fiscal and 48 operational status of the school district to ensure that it maintains a 49 balanced budget in accordance with subdivision (a) of this section. In 50 addition, the monitors shall provide an annual report to the commission- 51 er and comptroller on all contracts that the district entered into 52 throughout the year. 53 (c) The monitor shall have the power to approve or disapprove the 54 appointment of a superintendent by the board of education. If the moni- 55 tor disapproves of the appointment, then the board shall recommend a newS. 6588--B 4 1 candidate for the monitor to approve or disapprove until an appointment 2 is approved by the monitor. 3 (d) The monitor shall have the authority to approve or deny all travel 4 outside the district paid for by the school district. 5 (e) The monitor shall have authority to approve or deny all contracts 6 and expenditures of the district, except for collective bargaining 7 agreements negotiated in accordance with article 14 of the civil service 8 law. 9 (f) The monitor shall work with the district's shared decision-making 10 committee formed in accordance with part 100.11 of the commissioner of 11 education's regulations in developing district goals, implementation of 12 district priorities or budgetary recommendations. 13 (g) The monitor shall assist in resolving any disputes and conflicts, 14 included but not limited to, those between the superintendent and the 15 board of education and among the members of the board of education. 16 (h) The monitor shall attempt to engage in cost saving measures 17 including, but not limited to, shared service agreements. 18 § 6. This act shall take effect immediately and shall expire June 30, 19 2024, when upon such date the provisions of this act shall be deemed 20 repealed.
