Bill Text: NY S06755 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes a state monitor for the Rochester City school district to provide direct oversight of the fiscal policies, practices, programs and decisions of such school district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S06755 Detail]
Download: New_York-2019-S06755-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6755 2019-2020 Regular Sessions IN SENATE September 30, 2019 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT authorizing the commissioner of education, in consultation with the comptroller to appoint a monitor to oversee the Rochester City school district and establishing the powers and duties of the monitor; and providing for the repeal of such provisions upon expiration there- of 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 Rochester City school district. 6 (c) "Superintendent" shall mean the superintendent of the Rochester 7 City school district. 8 (d) "Commissioner" shall mean the commissioner of education. 9 (e) "School district" or "district" shall mean the Rochester City 10 school district. 11 (f) "Comptroller" shall mean the state comptroller. 12 (g) "Relatives" shall mean a Rochester City school district board 13 member's spouse, domestic partner, child, stepchild, stepparent, or any 14 person who is a direct descendant of the grandparents of the current 15 board member or of the board member's spouse or domestic partner. 16 § 2. Appointment. (a) The commissioner of education shall appoint a 17 monitor, subject to appropriation, to provide direct oversight of the 18 fiscal policies, practices, programs and decisions of the school 19 district, the board of education and the superintendent. The commission- 20 er of education shall provide the monitor with technical support and 21 assistance for the purposes of carrying out his or her duties under this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13879-01-9S. 6755 2 1 act, if requested by the monitor. The monitor shall serve at the pleas- 2 ure of the commissioner of education. 3 (b) The monitor shall be paid a fixed salary set by the commissioner 4 of education and shall be reimbursed for actual and necessary expenses 5 incurred in the performance of his or her duties including travel and 6 supplies. The costs associated with the implementation of this act shall 7 be borne by the state and shall be paid through a state appropriation. 8 (c) The monitor shall be a non-voting ex-officio member of the school 9 board. The monitor shall be an individual who is not a resident or 10 employee of the school district or a relative of board members of the 11 school district at the time of his or her appointment. The monitor shall 12 have experience in school district finances and, to the extent practica- 13 ble, shall have experience in one or more of the following areas: 14 (i) elementary and secondary education; 15 (ii) the operation of school districts in New York; 16 (iii) educating students with disabilities; or 17 (iv) educating English language learners. 18 § 3. (a) The monitor shall be entitled to attend all meetings of the 19 board, including executive sessions; provided however, such monitor 20 shall not be considered for purposes of establishing a quorum of the 21 board. The school district shall fully cooperate with any monitor 22 appointed by the commissioner of education, including but not limited to 23 providing such monitor with access to any necessary documents and 24 records of the district including access to electronic information 25 systems, databases and planning documents, consistent with all applica- 26 ble state and federal statutes including but not limited to the Family 27 Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g) and 28 section 2-d of the education law. 29 (b) The board, in consultation with the monitor, shall adopt a 30 conflict of interest policy that complies with all existing applicable 31 laws and regulations and ensures that its board members act in the 32 school district's best interest and comply with applicable legal 33 requirements. The conflict of interest policy shall include, but not be 34 limited to: 35 (i) a definition of the circumstances that constitute a conflict of 36 interest; 37 (ii) procedures for disclosing a conflict of interest to the board; 38 (iii) a requirement that the person with the conflict of interest not 39 participate in board deliberation or vote on the matter giving rise to 40 such conflict, provided that nothing in this subdivision shall prohibit 41 the board from requesting that the person with the conflict of interest 42 present information as background or answer questions at a board meeting 43 prior to the commencement of deliberations or voting relating thereto; 44 (iv) a prohibition against any attempt by the person with the conflict 45 to influence improperly the deliberation or voting on the matter giving 46 rise to such conflict; and 47 (v) a requirement that the existence and resolution of the conflict be 48 documented in the board's records, including in the minutes of any meet- 49 ing at which the conflict was discussed or voted upon. 50 § 4. Financial plan. The financial plan shall be hereinafter known as 51 the "plan". (a) No later than November first, two thousand twenty, the 52 board, in consultation with the monitor, shall develop a proposed finan- 53 cial plan for the two thousand twenty--two thousand twenty-one school 54 year and the four subsequent school years. The financial plan shall 55 ensure that annual aggregate operating expenses shall not exceed annual 56 aggregate operating revenues for such school year and that the majorS. 6755 3 1 operating funds of the district be balanced in accordance with generally 2 accepted accounting principles. The financial plan shall include state- 3 ments of all estimated revenues, expenditures, and cash flow projections 4 of the district. 5 (b) Prior to submitting the proposed plan to the monitor for review 6 and approval of the monitor, the board of education shall conduct a 7 public hearing on the plans and consider the input of the community. The 8 proposed plan shall be made public on the district's website at least 9 three business days before such public hearing. Once the proposed finan- 10 cial plan has been adopted by the board of education, such plan shall be 11 submitted to the monitor for final approval. 12 (c) No later than fifteen calendar days after submitting the proposed 13 plan to the monitor, unless the monitor needs additional information to 14 make an informed decision, the monitor shall approve or disapprove the 15 financial plan. In the event the monitor shall disapprove such plan, the 16 monitor shall promptly provide the board written notice of its reasons 17 for disapproval. Within fifteen calendar days from the receipt of such 18 notice, the board shall modify the rejected plan. If the modified plan 19 is approved by the monitor, the board of education shall adopt and 20 implement such plan. If the modified plan is not approved by the moni- 21 tor, the monitor shall impose a plan of his or her own formulation, and 22 the board shall then adopt and implement such plan. The final financial 23 plan shall be made available to the public, including on the district's 24 website, at least three business days after adoption. 25 § 5. Fiscal and operational oversight by the commissioner of education 26 and the comptroller. 27 (a) The board of education shall annually submit the school district's 28 proposed budget for the next succeeding school year to the monitor no 29 later than 45 days before the date scheduled for the school district's 30 budget vote. The monitor shall review the proposed budget to ensure 31 that it is balanced within the context of revenue and expenditure esti- 32 mates and mandated programs and, to the greatest extent possible, is 33 consistent with the financial plan. The monitor shall present its find- 34 ings to the board of education no later than 30 days prior to the date 35 scheduled for the school district's budget vote. The board of education, 36 with the approval of the monitor, shall make adjustments to the proposed 37 budget consistent with any recommendations made by the monitor. The 38 school district shall make available on the district's website: the 39 initial proposed budget; the monitor's findings; and the final proposed 40 budget prior to the date of the school district's budget vote. Nothing 41 in this act shall be construed to abrogate the duties and responsibil- 42 ities of the school district consistent with applicable state law and 43 regulations. 44 (b) The district shall provide quarterly reports to the monitor and 45 annual reports to the commissioner and comptroller on the fiscal and 46 operational status of the school district to ensure that it maintains a 47 balanced budget in accordance with subdivision (a) of this section. In 48 addition, the monitors shall provide an annual report to the commission- 49 er and comptroller on all contracts that the district entered into 50 throughout the year. 51 (c) The comptroller shall annually conduct a general fiscal audit of 52 the school district, and the district shall post the comptroller's audit 53 and the board's response on the district's website. 54 (d) The monitor shall have the power to approve or disapprove the 55 appointment of a superintendent by the board of education. If the moni- 56 tor disapproves of the appointment, then the board shall recommend a newS. 6755 4 1 candidate for the monitor to approve or disapprove until an appointment 2 is approved by the monitor. 3 (e) The monitor shall have the authority to approve or deny all travel 4 outside the district paid for by the school district. 5 (f) 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 (g) 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 (h) 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 (i) 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 2025, when upon such date the provisions of this act shall be deemed 20 repealed.
