LBD08315-01-1
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funds for the support of government, in relation to the effectiveness
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
PART A
Section 1. Subdivision 12 of section 273 of the education law, as
amended by section 4-a of part A of chapter 57 of the laws of 2009, is
amended to read as follows:
12. The commissioner is hereby authorized to expend in state fiscal
year two thousand six--two thousand seven three million dollars and in
state fiscal year two thousand seven--two thousand eight eight million
dollars and in state fiscal year two thousand eight--two thousand nine
seven million nine hundred forty thousand dollars and in state fiscal
year two thousand nine--two thousand ten eight million dollars AND IN
STATE FISCAL YEAR TWO THOUSAND TEN--TWO THOUSAND ELEVEN EIGHT MILLION
DOLLARS subject to an appropriation for formula grants to public library
systems, reference and research library resources systems, and school
library systems operating under an approved plan of service. Such formu-
la grants shall be provided for the period commencing July first and
ending on June thirtieth next following. Such formula grants will be
distributed in the following manner:
a. Each public library system established pursuant to sections two
hundred fifty-five and two hundred seventy-two of this part and operat-
ing under a plan approved by the commissioner is entitled to receive
thirty-nine thousand dollars and an amount equal to ten and ninety-four
hundredths percent of the amount of state aid received for the current
year by such system under paragraphs a, c, d, e and n of subdivision one
of this section for the two thousand [nine] TEN--two thousand [ten]
ELEVEN state fiscal year;
b. Each reference and research library resources system established
pursuant to section two hundred seventy-two of this part and operating
under a plan approved by the commissioner is entitled to receive thir-
ty-nine thousand dollars and an amount equal to ten and ninety-four
hundredths percent of the amount of state aid received for the current
year under paragraph a of subdivision four of this section for the two
thousand [nine] TEN--two thousand [ten] ELEVEN state fiscal year; and
c. Each school library system established pursuant to section two
hundred eighty-two of this part and operating under a plan approved by
the commissioner is entitled to receive thirty-nine thousand dollars and
an amount equal to ten and ninety-four hundredths percent of the amount
of state aid received for the current year by such system under para-
graphs a, b, c, d, e and f of subdivision one of section two hundred
eighty-four of this part for the two thousand [nine] TEN--two thousand
[ten] ELEVEN state fiscal year.
S 2. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 28 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any shortage of teachers in the
school district, the number of teachers employed in the school district
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who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section. Notwithstand-
ing any other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any recruitment, retention and certification
costs associated with transitional certification of teacher candidates
for the school years two thousand one--two thousand two through [two
thousand nine--two thousand ten] TWO THOUSAND TEN--TWO THOUSAND ELEVEN.
S 3. Subdivision 6 of section 4402 of the education law, as amended by
section 34 of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [ten] ELEVEN of the [two
thousand nine--two thousand ten] TWO THOUSAND TEN--TWO THOUSAND ELEVEN
school year, be authorized to increase class sizes in special classes
containing students with disabilities whose age ranges are equivalent to
those of students in middle and secondary schools as defined by the
commissioner for purposes of this section by up to but not to exceed one
and two tenths times the applicable maximum class size specified in
regulations of the commissioner rounded up to the nearest whole number,
provided that in a city school district having a population of one
million or more, classes that have a maximum class size of fifteen may
be increased by no more than one student and provided that the projected
average class size shall not exceed the maximum specified in the appli-
cable regulation, provided that such authorization shall terminate on
June thirtieth, two thousand. Such authorization shall be granted upon
filing of a notice by such a board of education with the commissioner
stating the board's intention to increase such class sizes and a certif-
ication that the board will conduct a study of attendance problems at
the secondary level and will implement a corrective action plan to
increase the rate of attendance of students in such classes to at least
the rate for students attending regular education classes in secondary
schools of the district. Such corrective action plan shall be submitted
for approval by the commissioner by a date during the school year in
which such board increases class sizes as provided pursuant to this
subdivision to be prescribed by the commissioner. Upon at least thirty
days notice to the board of education, after conclusion of the school
year in which such board increases class sizes as provided pursuant to
this subdivision, the commissioner shall be authorized to terminate such
authorization upon a finding that the board has failed to develop or
implement an approved corrective action plan.
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S 4. Section 6 of chapter 756 of the laws of 1992, relating to funding
a program for work force education conducted by the consortium for work-
er education in New York city, as amended by section 43 of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
S 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2010] 2011.
S 5. Section 4 of chapter 425 of the laws of 2002, amending the educa-
tion 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, as amended by chap-
ter 158 of the laws of 2009, is amended to read as follows:
S 4. This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2010] 2011.
S 6. Section 5 of chapter 101 of the laws of 2003, amending the educa-
tion law relating to implementation of the No Child Left Behind Act of
2001, as amended by chapter 158 of the laws of 2009, is amended to read
as follows:
S 5. This act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be deemed repealed on
June 30, [2010] 2011.
S 7. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by chapter 179 of the laws
of 2009, is amended to read as follows:
S 12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2010] 2011 when
upon such date the provisions of this act shall be deemed repealed.
S 8. Subdivision 4 of section 51 of part B of chapter 57 of the laws
of 2008 amending the education law relating to the universal pre-kinder-
garten program, is amended to read as follows:
4. section 23 of this act shall take effect July 1, 2008 and shall
expire and be deemed repealed June 30, [2010] 2012;
S 9. Section 2 of chapter 386 of the laws of 1996, amending the educa-
tion law relating to providing for a waiver allowing state aid in
certain circumstances, as amended by chapter 661 of the laws of 2005, is
amended to read as follows:
S 2. This act shall take effect immediately, provided that the
provisions of this act shall be deemed to have been in full force and
effect on and after January 1, 1996, and provided, further that this act
shall be deemed repealed on and after January 1, [2011] 2015.
S 10. Subdivision 11 of section 94 of part C of chapter 57 of the
laws of 2004, relating to support of education, as amended by section 55
of part A of chapter 57 of the laws of 2009, is amended to read as
follows:
11. section seventy-one of this act shall expire and be deemed
repealed June 30, [2010] 2011;
S 11. Subdivision 1 of section 167 of 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, as amended
by section 44 of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
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only to hearings commenced prior to September 1, 1994, and provided
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this act shall expire and be
deemed repealed on March 31, [2011] 2012.
S 12. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws relating to
state aid to school districts and the appropriation of funds for the
support of government, as amended by section 45 of part A of chapter 57
of the laws of 2009, are amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2010] 2011 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred nineteen of this act shall be deemed to be
repealed on and after July 1, [2010] 2011;
S 13. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2010-2011 school year, the commissioner of education shall allocate
school bus driver training grants to school districts and boards of
cooperative education services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes of this section. Such
payments shall not exceed four hundred thousand dollars ($400,000).
S 14. Support of public libraries. The moneys appropriated for the
support of public libraries by chapter 53 of the laws of 2010 which
enacts the education, labor and family assistance budget shall be appor-
tioned for 2010--2011 in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law and the provisions of
this section, provided that library construction aid pursuant to section
273-a of the education law shall not be payable from the appropriations
for the support of public libraries and provided further that no
library, library system or program, as defined by the commissioner of
education, shall receive less total system or program aid than it
received for the year 2001--2002 except as a result of a reduction
adjustment necessary to conform to the appropriations for support of
public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2010--2011
by chapter 53 of the laws of 2010 which enacts the education, labor and
family assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion and approved by the director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations shall be
reduced proportionately to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
S 15. Special apportionment for salary expenses. a. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
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week of June, 2011 and not later than the last day of the third full
business week of June, 2011, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this section, for the school
year ending June 30, 2011, for salary expenses incurred between April 1
and June 30, 2011, and such apportionment shall not exceed the sum of
(i) the deficit reduction assessment of 1990-91 as determined by the
commissioner of education, pursuant to paragraph f of subdivision 1 of
section 3602 of the education law, as in effect through June 30, 1993,
plus (ii) 186 percent of such amount for a city school district in a
city with a population in excess of 1,000,000 inhabitants, plus (iii)
209 percent of such amount for a city school district in a city with a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants according to the latest federal census, plus (iv) the net gap
elimination adjustment for 2010--2011, as determined by the commissioner
of education pursuant to paragraph e of subdivision 1 of section 3609-a
of the education law as in effect through June 30, 2011, and provided
further that such apportionment shall not exceed such salary expenses.
Such application shall be made by a school district, after the board of
education or trustees have adopted a resolution to do so and in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, with the approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
S 16. Special apportionment for public pension accruals. a. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2011, a school district eligi-
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ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2011, and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004-05 and 2005-06 school years associated with chang-
es for such public pension liabilities. The amount of such additional
accrual shall be certified to the commissioner of education by the pres-
ident of the board of education or the trustees or, in the case of a
city school district in a city with a population in excess of 125,000
inhabitants, the mayor of such city. Such application shall be made by a
school district, after the board of education or trustees have adopted a
resolution to do so and in the case of a city school district in a city
with a population in excess of 125,000 inhabitants, with the approval of
the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
S 17. a. Notwithstanding any other law, rule or regulation to the
contrary, any moneys appropriated to the state education department may
be suballocated to other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
b. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from the general
fund/aid to localities, local assistance account-001, shall be for
payment of financial assistance, as scheduled, net of disallowances,
refunds, reimbursement and credits.
c. Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education department for aid to
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localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
d. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department for general
support for public schools may be interchanged with any other item of
appropriation for general support for public schools within the general
fund local assistance account elementary, middle, secondary and continu-
ing education program.
S 18. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 2010-11 school year, as a non-component school
district, services required by article 19 of the education law.
S 19. Notwithstanding any provision of law to the contrary, the
purposes and funding levels specified in section 54 of Part A of chapter
57 of the laws of 2009 shall be continued for such purposes and at such
levels for the two thousand ten - two thousand eleven school year.
S 20. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
S 21. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010, provided,
however, that:
1. sections two and three, thirteen, fifteen and sixteen of this act
shall be deemed to have been in full force and effect on and after July
1, 2010; and
2. the amendments to subdivision 6 of section 4402 of the education
law made by section three of this act shall not affect the repeal of
such subdivision and shall be deemed repealed therewith.