S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4859

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to enacting the "truth in
  voting act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative intent. The legislature hereby finds that the
decisions and determinations of our school districts impact not only the
children attending those  schools,  but  our  communities  as  a  whole.
Nowhere is this more prevalent than in the school budget process.
  School  districts  are  required to provide the public with notice and
information regarding the annual school budget hearing  and  the  school
budget  vote.  However,  in the event a budget is defeated, this process
may sometimes be used to push through budgets by disseminating  informa-
tion that may be confusing, misleading and intimidating.  Residents of a
school  district  must  never  feel compelled to vote for a budget based
upon speculation or threats of broad sweeping cuts.  Often  people  must
choose between an untenable school property tax increase or the possible
reduction or elimination of important educational programs such as full-
day  kindergarten,  athletics,  advanced  placement courses, etc. If the
school board's plan is to cut or reduce such programs, they need  to  be
specific  in  how  the cuts will be made. In order to ensure that people
are armed with enough information to make an  informed  decision,  resi-
dents  need  to  be made aware of whether the cuts are to be made across
the board or whether they  are  to  be  more  narrowly  tailored.    For
instance, where a school district opts to eliminate athletics, they must
articulate which sports and at what level the cuts will be made (elemen-
tary,  freshmen,  junior  varsity,  varsity, etc.). Also, where a school
district opts to reduce or eliminate advanced placement courses,  music,
art  or reading programs, it must specify each course by name.  Attached
to each initiative to be reduced or eliminated must be a  dollar  amount

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10534-01-3
              

S. 4859                             2

so  that it is clearly evident to the taxpayer how much money the school
district would save from such measures.
  Residents  must  be  afforded  the  most accurate information possible
regarding the decisions made by their local school board. It must be the
goal of every school district to  enlighten  the  public  regarding  the
choices  made  in deciding where and how school property tax dollars are
spent.
  Furthermore, this legislation would  allow  local  taxpayers  to  know
first  hand,  the consequences that accompany a contingent budget should
the initial school budget be defeated. It would require school districts
to compose a detailed list of those programs that would  be  reduced  or
eliminated under a contingent budget.
  It  is  the  intent  of  this  legislation  to provide the public with
detailed information pertaining to the  school  budget  process.  Voters
must be armed with knowledge rather than driven by rumors. Such informa-
tion  should  be  written  in a manner that is clear, concise and easily
understood by the average reader. It is the hope of the legislature that
this legislation will provide communities with greater understanding  of
the  school  budget process and encourage participation of the public in
their local school systems.
  S 2. Short title.  This act shall be known and may  be  cited  as  the
"truth in voting act".
  S  3. Subdivision 1 and paragraph a of subdivision 2-a of section 2022
of the education law, as amended by section 7 of part A of chapter 97 of
the laws of 2011, are amended to read as follows:
  1. Notwithstanding any law, rule or regulation to  the  contrary,  the
election  of trustees or members of the board of education, and the vote
upon the appropriation of the necessary  funds  to  meet  the  estimated
expenditures,  AND THE VOTE UPON A BOND RESOLUTION, in any common school
district, union free school district, central school district or central
high school district shall be held at the annual meeting and election on
the third Tuesday in May, provided, however, that such election shall be
held on the second Tuesday in May if the commissioner at the request  of
a  local  school  board  certifies  no  later than March first that such
election would conflict with religious observances.  The  sole  trustee,
board  of  trustees  or  board of education of every common, union free,
central or central high school district and every city  school  district
to  which this article applies shall hold a budget hearing not less than
seven nor more than fourteen  days  prior  to  the  annual  meeting  and
election  or special district meeting at which a school budget vote will
occur, and shall prepare and present to the voters at such budget  hear-
ing  a  proposed school district budget AND A PROPOSED CONTINGENT BUDGET
for the ensuing school year.
  a. Commencing with the proposed budget for the [two thousand  one--two
thousand  two]  TWO  THOUSAND  THIRTEEN  -- TWO THOUSAND FOURTEEN school
year, such notice shall also include [a description of how total  spend-
ing  and  the  tax levy resulting from the proposed budget would compare
with a projected contingency budget  adopted  pursuant  to  section  two
thousand  twenty-three  of  this article, assuming that such contingency
budget is adopted on the same day as the vote on  the  proposed  budget.
Such comparison shall be in total and by component (program, capital and
administrative),  and  shall include a statement of the assumptions made
in estimating the projected contingency budget], IN A  FORM  AND  MANNER
PRESCRIBED  BY  THE  COMMISSIONER, A DETAILED LIST CONSISTING OF ANY AND
ALL PROGRAMS, INITIATIVES AND ACTIVITIES THAT ARE TO BE REDUCED,  ELIMI-
NATED OR IN ANY OTHER WAY AFFECTED BY THE CONTINGENT BUDGET PROPOSAL FOR

S. 4859                             3

THE  ENSUING  SCHOOL  YEAR.    SUCH  LIST SHALL BE IN AN ITEMIZED FORMAT
DETAILING EVERY COURSE, PROGRAM, CURRICULAR ACTIVITY AND EXTRACURRICULAR
ACTIVITY BY NAME, SO AS TO PORTRAY AN ACCURATE DEPICTION OF THE  EFFECTS
A  CONTINGENT  BUDGET  WILL HAVE ON A SCHOOL DISTRICT. IN ADDITION, EACH
ITEM LISTED SHALL HAVE A DOLLAR AMOUNT CORRESPONDING TO IT IN  ORDER  TO
CLEARLY  DEPICT  THE  AMOUNT  SUCH  REDUCTION  OR  ELIMINATION  ACTUALLY
DECREASES THE TOTAL SPENDING THE THE INITIAL BUDGET PROPOSES.
  S 4. Subdivision 1 and paragraph a of subdivision 2-a of section  2022
of the education law, subdivision 1 as amended by section 8 of part C of
chapter  58  of  the  laws of 1998 and paragraph a of subdivision 2-a as
added by section 3 of part A of chapter 60 of  the  laws  of  2000,  are
amended to read as follows:
  1.  Notwithstanding  any  law, rule or regulation to the contrary, the
election of trustees or members of the board  of  education,  [and]  the
vote upon the appropriation of the necessary funds to meet the estimated
expenditures,  AND THE VOTE UPON A BOND RESOLUTION, in any common school
district, union free school district, central school district or central
high school district shall be held at the annual meeting and election on
the third Tuesday in May, provided, however, that such election shall be
held on the second Tuesday in May if the commissioner at the request  of
a  local  school  board  certifies  no  later than March first that such
election would conflict with religious observances. When  such  election
or  vote is taken by recording the ayes and noes of the qualified voters
attending, a majority of the qualified voters present and voting,  by  a
hand  or voice vote, may determine to take up the question of voting the
necessary funds to meet the estimated expenditures for a  specific  item
separately, and the qualified voters present and voting may increase the
amount  of  any  estimated  expenditures  or reduce the same, except for
teachers' salaries, and the ordinary contingent expenses of the schools.
The sole trustee, board of trustees  or  board  of  education  of  every
common,  union  free,  central or central high school district and every
city school district to which this article applies shall hold  a  budget
hearing  not  less  than  seven nor more than fourteen days prior to the
annual meeting and election or  special  district  meeting  at  which  a
school  budget  vote  will  occur,  and shall prepare and present to the
voters at such budget hearing a proposed school district  budget  AND  A
PROPOSED CONTINGENT BUDGET for the ensuing school year.
  a.  Commencing with the proposed budget for the [two thousand one--two
thousand two] TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school  year,
such  notice shall also include [a description of how total spending and
the tax levy resulting from the proposed budget  would  compare  with  a
projected  contingency  budget  adopted pursuant to section two thousand
twenty-three of this article, assuming that such contingency  budget  is
adopted on the same day as the vote on the proposed budget. Such compar-
ison  shall  be in total and by component (program, capital and adminis-
trative), and shall include a statement of the assumptions made in esti-
mating  the  projected  contingency  budget],  IN  A  FORM  AND   MANNER
PRESCRIBED  BY  THE  COMMISSIONER, A DETAILED LIST CONSISTING OF ANY AND
ALL PROGRAMS, INITIATIVES AND ACTIVITIES THAT ARE TO BE REDUCED,  ELIMI-
NATED OR IN ANY OTHER WAY AFFECTED BY THE CONTINGENT BUDGET PROPOSAL FOR
THE  ENSUING  SCHOOL  YEAR.    SUCH  LIST SHALL BE IN AN ITEMIZED FORMAT
DETAILING EVERY COURSE, PROGRAM, CURRICULAR ACTIVITY AND EXTRACURRICULAR
ACTIVITY BY NAME, SO AS TO PORTRAY AN ACCURATE DEPICTION OF THE  EFFECTS
A  CONTINGENT  BUDGET  WILL HAVE ON A SCHOOL DISTRICT. IN ADDITION, EACH
ITEM LISTED SHALL HAVE A DOLLAR AMOUNT CORRESPONDING TO IT IN  ORDER  TO

S. 4859                             4

CLEARLY  DEPICT  THE  AMOUNT  SUCH  REDUCTION  OR  ELIMINATION  ACTUALLY
DECREASES THE TOTAL SPENDING THE INITIAL BUDGET PROPOSES.
  S  5.  Subdivision 2-a of section 2022 of the education law is amended
by adding a new paragraph c to read as follows:
  C. NO SCHOOL DISTRICT SHALL USE PUBLIC FUNDS TO  DISSEMINATE  PARTISAN
INFORMATION  REGARDING A VOTE OR AN ELECTION. FURTHER, A SCHOOL DISTRICT
SHALL NOT ALLOW ACCESS TO A SCHOOL'S CHANNELS OF COMMUNICATION OR TRANS-
PORTATION TO ESPOUSE A PARTISAN POSITION.
  S 6. Paragraph a of subdivision 7 of section  1608  of  the  education
law,  as  amended  by  section  4 of part A of chapter 97 of the laws of
2011, is amended and two new subdivisions 4-a and 8 are added to read as
follows:
  a. Each year, commencing with the proposed budget for  the  two  thou-
sand--two  thousand  one  school  year, the trustee or board of trustees
shall prepare a property tax report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local newspapers of general circulation, appending it to copies  of  the
proposed  budget  made  publicly available as required by law, making it
available for distribution at the annual meeting, and otherwise  dissem-
inating  it  as  required  by  the  commissioner. Such report card shall
include: (i) the amount of total spending and total estimated school tax
levy that would result from adoption of  the  proposed  budget  and  the
percentage  increase  or decrease in total spending and total school tax
levy from the school district budget  for  the  preceding  school  year;
[and]  (ii) the district's tax levy limit determined pursuant to section
two thousand twenty-three-a of this title, and the estimated school  tax
levy,  excluding any levy necessary to support the expenditures pursuant
to subparagraphs (i) through (iv) of paragraph i of subdivision  two  of
section  two  thousand  twenty-three-a  of this title, that would result
from adoption of the proposed budget; [and] (iii) the projected  enroll-
ment  growth  for  the school year for which the budget is prepared, and
the percentage change in enrollment from the previous year;  [and]  (iv)
the percentage increase in the consumer price index, as defined in para-
graph c of this subdivision; [and] (v) the projected amount of the unap-
propriated unreserved fund balance that will be retained if the proposed
budget  is  adopted,  the projected amount of the reserved fund balance,
the projected amount of the appropriated fund balance, the percentage of
the proposed budget that  the  unappropriated  unreserved  fund  balance
represents,  the  actual unappropriated unreserved fund balance retained
in the school district budget for the preceding  school  year,  and  the
percentage  of  the school district budget for the preceding school year
that the actual unappropriated unreserved fund balance  represents;  AND
(VI)  THE AMOUNT OF UNEXPENDED SURPLUS FUNDS. FOR PURPOSES OF THIS PARA-
GRAPH, THE TERM "SURPLUS FUNDS" SHALL MEAN ANY AND ALL  OPERATING  FUNDS
IN  EXCESS  OF TWO PERCENT OF THE CURRENT SCHOOL YEAR BUDGET, REGARDLESS
OF THE ACCOUNT IN WHICH SUCH FUNDS ARE HELD.
  4-A. THE PROGRAM COMPONENT, CAPITAL COMPONENT AND  THE  ADMINISTRATIVE
COMPONENT  SHALL BE PRESENTED TO THE QUALIFIED VOTERS IN A SINGLE PROPO-
SITION. THERE SHALL BE NO  SEPARATE  PROPOSITIONS  FOR  ANY  EXPENDITURE
REQUIRED  TO  BE  INCLUDED  IN THE BUDGET UNDER SUBDIVISION FOUR OF THIS
SECTION.
  8. EACH YEAR THE BOARD OF EDUCATION  SHALL  PREPARE  A  SCHOOL  BUDGET
COMPARISON  CARD  PURSUANT  TO REGULATIONS OF THE COMMISSIONER AND SHALL
MAKE IT PUBLICLY AVAILABLE BY TRANSMITTING IT  TO  LOCAL  NEWSPAPERS  OF
GENERAL  CIRCULATION, APPENDING IT TO COPIES OF THE PROPOSED BUDGET MADE
PUBLICLY AVAILABLE AS REQUIRED BY LAW, MAKING IT AVAILABLE FOR  DISTRIB-

S. 4859                             5

UTION  AT  THE ANNUAL MEETING AND OTHERWISE DISSEMINATING IT AS REQUIRED
BY THE COMMISSIONER. SUCH COMPARISON CARD SHALL INCLUDE:
  A.  THE  TOTAL DOLLAR AMOUNT APPROPRIATED IN THE SCHOOL BUDGET ADOPTED
THE PREVIOUS YEAR;
  B. THE TOTAL DOLLAR AMOUNT ACTUALLY SPENT PURSUANT TO THE SCHOOL BUDG-
ET ADOPTED THE PREVIOUS YEAR;
  C. THE TOTAL AMOUNT TO BE APPROPRIATED UNDER THE PROPOSED  BUDGET  FOR
THE ENSUING YEAR;
  D.  THE  MAXIMUM AMOUNT OF MONEY AVAILABLE UNDER THE CONTINGENT BUDGET
CAP FOR THE ENSUING YEAR; AND
  E. THE TOTAL DOLLAR AMOUNT  TO  BE  APPROPRIATED  UNDER  THE  PROPOSED
CONTINGENT BUDGET FOR THE ENSUING YEAR.
  S  7.  Paragraph  a  of subdivision 7 of section 1608 of the education
law, as amended by chapter 238 of the laws of 2007, is amended  and  two
new subdivisions 4-a and 8 are added to read as follows:
  a.  Each  year,  commencing with the proposed budget for the two thou-
sand--two thousand one school year, the trustee  or  board  of  trustees
shall prepare a property tax report card, pursuant to regulations of the
commissioner, and shall make it publicly available by transmitting it to
local  newspapers  of general circulation, appending it to copies of the
proposed budget made publicly available as required by  law,  making  it
available  for distribution at the annual meeting, and otherwise dissem-
inating it as required by  the  commissioner.  Such  report  card  shall
include: (i) the amount of total spending and total estimated school tax
levy  that  would  result  from  adoption of the proposed budget and the
percentage increase or decrease in total spending and total  school  tax
levy  from  the  school  district  budget for the preceding school year;
[and] (ii) the projected enrollment growth for the school year for which
the budget is prepared, and the percentage change in enrollment from the
previous year; [and] (iii) the percentage increase in the consumer price
index, as defined in paragraph c of this  subdivision;  [and]  (iv)  the
projected amount of the unappropriated unreserved fund balance that will
be  retained  if the proposed budget is adopted, the projected amount of
the reserved fund balance, the projected amount of the appropriated fund
balance, the percentage of the proposed budget that  the  unappropriated
unreserved fund balance represents, the actual unappropriated unreserved
fund  balance  retained  in the school district budget for the preceding
school year, and the percentage of the school district  budget  for  the
preceding  school  year  that  the actual unappropriated unreserved fund
balance represents; AND (V) THE AMOUNT OF UNEXPENDED SURPLUS FUNDS.  FOR
PURPOSES  OF THIS PARAGRAPH, THE TERM "SURPLUS FUNDS" SHALL MEAN ANY AND
ALL OPERATING FUNDS IN EXCESS OF TWO PERCENT OF THE CURRENT SCHOOL  YEAR
BUDGET, REGARDLESS OF THE ACCOUNT IN WHICH SUCH FUNDS ARE HELD.
  4-A.   THE PROGRAM COMPONENT, CAPITAL COMPONENT AND THE ADMINISTRATIVE
COMPONENT SHALL BE PRESENTED TO THE QUALIFIED VOTERS IN A SINGLE  PROPO-
SITION.  THERE  SHALL  BE  NO  SEPARATE PROPOSITIONS FOR ANY EXPENDITURE
REQUIRED TO BE INCLUDED IN THE BUDGET UNDER  SUBDIVISION  FOUR  OF  THIS
SECTION.
  8.  EACH  YEAR  THE  BOARD  OF EDUCATION SHALL PREPARE A SCHOOL BUDGET
COMPARISON CARD PURSUANT TO REGULATIONS OF THE  COMMISSIONER  AND  SHALL
MAKE  IT  PUBLICLY  AVAILABLE  BY TRANSMITTING IT TO LOCAL NEWSPAPERS OF
GENERAL CIRCULATION, APPENDING IT TO COPIES OF THE PROPOSED BUDGET  MADE
PUBLICLY  AVAILABLE AS REQUIRED BY LAW, MAKING IT AVAILABLE FOR DISTRIB-
UTION AT THE ANNUAL MEETING AND OTHERWISE DISSEMINATING IT  AS  REQUIRED
BY THE COMMISSIONER. SUCH COMPARISON CARD SHALL INCLUDE:

S. 4859                             6

  A.  THE  TOTAL DOLLAR AMOUNT APPROPRIATED IN THE SCHOOL BUDGET ADOPTED
THE PREVIOUS YEAR;
  B. THE TOTAL DOLLAR AMOUNT ACTUALLY SPENT PURSUANT TO THE SCHOOL BUDG-
ET ADOPTED THE PREVIOUS YEAR;
  C.  THE  TOTAL AMOUNT TO BE APPROPRIATED UNDER THE PROPOSED BUDGET FOR
THE ENSUING YEAR;
  D. THE MAXIMUM AMOUNT OF MONEY AVAILABLE UNDER THE  CONTINGENT  BUDGET
CAP FOR THE ENSUING YEAR; AND
  E.  THE  TOTAL  DOLLAR  AMOUNT  TO  BE APPROPRIATED UNDER THE PROPOSED
CONTINGENT BUDGET FOR THE ENSUING YEAR.
  S 8. Subdivision 7 of section 2601-a of the education law, as  amended
by section 9 of part A of chapter 97 of the laws of 2011, is amended and
two new subdivisions 3-a and 8 are added to read as follows:
  7.  Each  year, the board of education shall prepare a school district
report card, pursuant to regulations of the commissioner, and shall make
it publicly available by transmitting it to local newspapers of  general
circulation, appending it to copies of the proposed budget made publicly
available  as  required  by law, making it available for distribution at
the annual meeting, and otherwise disseminating it as  required  by  the
commissioner.  Such  report  card shall include measures of the academic
performance of the school district, on a school  by  school  basis,  and
measures of the fiscal performance of the district, as prescribed by the
commissioner.  Pursuant  to  regulations of the commissioner, the report
card shall also compare these measures to  statewide  averages  for  all
public  schools, and statewide averages for public schools of comparable
wealth and need, developed by the commissioner. Such report  card  shall
include,  at a minimum, any information on the school district regarding
pupil performance and expenditure per pupil required to be  included  in
the  annual  report  by  the regents to the governor and the legislature
pursuant to section two hundred fifteen-a of this chapter, THE AMOUNT OF
UNEXPENDED SURPLUS FUNDS; and any  other  information  required  by  the
commissioner. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SURPLUS FUNDS"
SHALL  MEAN  ANY AND ALL OPERATING FUNDS IN EXCESS OF TWO PERCENT OF THE
CURRENT SCHOOL YEAR BUDGET, REGARDLESS OF  THE  ACCOUNT  IN  WHICH  SUCH
FUNDS  ARE  HELD.  School  districts  (i)  identified  as having fifteen
percent or more of their students in special education,  or  (ii)  which
have  fifty  percent  or  more  of  their  students with disabilities in
special education programs or services sixty  percent  or  more  of  the
school  day  in  a general education building, or (iii) which have eight
percent or more of their students with disabilities in special education
programs in public or private separate educational settings shall  indi-
cate  on  their school district report card their respective percentages
as defined in this paragraph and paragraphs (i) and (ii) of this  subdi-
vision as compared to the statewide average.
  3-A.  THE  PROGRAM COMPONENT, CAPITAL COMPONENT AND THE ADMINISTRATIVE
COMPONENT SHALL BE PRESENTED TO THE QUALIFIED VOTERS IN A SINGLE  PROPO-
SITION.  THERE  SHALL  BE  NO  SEPARATE PROPOSITIONS FOR ANY EXPENDITURE
REQUIRED TO BE INCLUDED IN THE BUDGET UNDER  SUBDIVISION  FOUR  OF  THIS
SECTION.
  8.  EACH  YEAR  THE  BOARD  OF EDUCATION SHALL PREPARE A SCHOOL BUDGET
COMPARISON CARD PURSUANT TO REGULATIONS OF THE  COMMISSIONER  AND  SHALL
MAKE  IT  PUBLICLY  AVAILABLE  BY TRANSMITTING IT TO LOCAL NEWSPAPERS OF
GENERAL CIRCULATION, APPENDING IT TO COPIES OF THE PROPOSED BUDGET  MADE
PUBLICLY  AVAILABLE AS REQUIRED BY LAW, MAKING IT AVAILABLE FOR DISTRIB-
UTION AT THE ANNUAL MEETING AND OTHERWISE DISSEMINATING IT  AS  REQUIRED
BY THE COMMISSIONER. SUCH COMPARISON CARD SHALL INCLUDE:

S. 4859                             7

  A.  THE  TOTAL DOLLAR AMOUNT APPROPRIATED IN THE SCHOOL BUDGET ADOPTED
THE PREVIOUS YEAR;
  B. THE TOTAL DOLLAR AMOUNT ACTUALLY SPENT PURSUANT TO THE SCHOOL BUDG-
ET ADOPTED THE PREVIOUS YEAR;
  C.  THE  TOTAL AMOUNT TO BE APPROPRIATED UNDER THE PROPOSED BUDGET FOR
THE ENSUING YEAR;
  D. THE MAXIMUM AMOUNT OF MONEY AVAILABLE UNDER THE  CONTINGENT  BUDGET
CAP FOR THE ENSURING YEAR; AND
  E.  THE  TOTAL  DOLLAR  AMOUNT  TO  BE APPROPRIATED UNDER THE PROPOSED
CONTINGENT BUDGET FOR THE ENSURING YEAR.
  S 9. Subdivision 7 of section 2601-a of the education law, as added by
chapter 474 of the laws of 1996, is amended and two new subdivisions 3-a
and 8 are added to read as follows:
  7. Each year, the board of education shall prepare a  school  district
report card, pursuant to regulations of the commissioner, and shall make
it  publicly available by transmitting it to local newspapers of general
circulation, appending it to copies of the proposed budget made publicly
available as required by law, making it available  for  distribution  at
the  annual  meeting,  and otherwise disseminating it as required by the
commissioner. Such report card shall include measures  of  the  academic
performance  of  the  school  district, on a school by school basis, and
measures of the fiscal performance of the district, as prescribed by the
commissioner. Pursuant to regulations of the  commissioner,  the  report
card  shall  also  compare  these measures to statewide averages for all
public schools, and statewide averages for public schools of  comparable
wealth  and  need, developed by the commissioner. Such report card shall
include, at a minimum, any information on the school district  regarding
pupil  performance  and expenditure per pupil required to be included in
the annual report by the regents to the  governor  and  the  legislature
pursuant to section two hundred fifteen-a of this chapter, THE AMOUNT OF
UNEXPENDED  SURPLUS  FUNDS;  and  any  other information required by the
commissioner. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SURPLUS FUNDS"
SHALL MEAN ANY AND ALL OPERATING FUNDS IN EXCESS OF TWO PERCENT  OF  THE
CURRENT  SCHOOL  YEAR  BUDGET,  REGARDLESS  OF THE ACCOUNT IN WHICH SUCH
FUNDS ARE HELD.  School  districts  (i)  identified  as  having  fifteen
percent  or  more  of their students in special education, or (ii) which
have fifty percent or  more  of  their  students  with  disabilities  in
special  education  programs  or  services  sixty percent or more of the
school day in a general education building, or (iii)  which  have  eight
percent or more of their students with disabilities in special education
programs  in public or private separate educational settings shall indi-
cate on their school district report card their  respective  percentages
as  defined in this paragraph and paragraphs (i) and (ii) of this subdi-
vision as compared to the statewide average.
  3-A.  THE PROGRAM COMPONENT, CAPITAL COMPONENT AND THE  ADMINISTRATIVE
COMPONENT  SHALL BE PRESENTED TO THE QUALIFIED VOTERS IN A SINGLE PROPO-
SITION. THERE SHALL BE NO  SEPARATE  PROPOSITIONS  FOR  ANY  EXPENDITURE
REQUIRED  TO  BE  INCLUDED  IN THE BUDGET UNDER SUBDIVISION FOUR OF THIS
SECTION.
  8. EACH YEAR THE BOARD OF EDUCATION  SHALL  PREPARE  A  SCHOOL  BUDGET
COMPARISON  CARD  PURSUANT  TO REGULATIONS OF THE COMMISSIONER AND SHALL
MAKE IT PUBLICLY AVAILABLE BY TRANSMITTING IT  TO  LOCAL  NEWSPAPERS  OF
GENERAL  CIRCULATION, APPENDING IT TO COPIES OF THE PROPOSED BUDGET MADE
PUBLICLY AVAILABLE AS REQUIRED BY LAW, MAKING IT AVAILABLE FOR  DISTRIB-
UTION  AT  THE ANNUAL MEETING AND OTHERWISE DISSEMINATING IT AS REQUIRED
BY THE COMMISSIONER. SUCH COMPARISON CARD SHALL INCLUDE:

S. 4859                             8

  A. THE TOTAL DOLLAR AMOUNT APPROPRIATED IN THE SCHOOL  BUDGET  ADOPTED
THE PREVIOUS YEAR;
  B. THE TOTAL DOLLAR AMOUNT ACTUALLY SPENT PURSUANT TO THE SCHOOL BUDG-
ET ADOPTED THE PREVIOUS YEAR;
  C.  THE  TOTAL AMOUNT TO BE APPROPRIATED UNDER THE PROPOSED BUDGET FOR
THE ENSUING YEAR;
  D. THE MAXIMUM AMOUNT OF MONEY AVAILABLE UNDER THE  CONTINGENT  BUDGET
CAP FOR THE ENSUING YEAR; AND
  E.  THE  TOTAL  DOLLAR  AMOUNT  TO  BE APPROPRIATED UNDER THE PROPOSED
CONTINGENT BUDGET FOR THE ENSUING YEAR.
  S 10. The education law is amended by adding a new section 141 to read
as follows:
  S 141. DISCLOSURE OF VIOLATIONS. THE  COMMISSIONER  MAY  REQUIRE  THAT
UPON  THE  FINDING  THAT A SCHOOL DISTRICT HAS VIOLATED ANY PROVISION OF
THIS CHAPTER, NOTICE OF SUCH VIOLATION SHALL BE PUBLICIZED BY  TRANSMIT-
TING A DESCRIPTION OF THE COMMISSIONER'S FINDINGS TO THE SCHOOL NEWSLET-
TER  OR PAPER. SUCH DESCRIPTION SHALL BE PUBLISHED AT LEAST TWICE BEFORE
THE ANNUAL BUDGET HEARING. FURTHER, NOTICE OF AND A DESCRIPTION OF  EACH
VIOLATION  SHALL  BE  READ INTO THE RECORD AT THE NEXT SUCCEEDING ANNUAL
BUDGET HEARING.
  S 11. This act shall take effect immediately, provided that:
  1.   the amendments to section 2022  of  the  education  law  made  by
section  three of this act shall be subject to the expiration and rever-
sion of such section pursuant to section 13 of chapter 97 of the laws of
2011, as amended, when upon such date the provisions of section four  of
this act shall take effect;
  2.  subdivision  2-a  of section 2022 of the education law as added by
section five of this act shall survive the expiration and  reversion  of
such  section  as  provided  in  section 13 of chapter 97 of the laws of
2011, as amended;
  3. the amendments to paragraph a of subdivision 7 of section  1608  of
the  education  law  made by section six of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 13 of
chapter 97 of the laws of 2011, as amended,  when  upon  such  date  the
provisions of section seven of this act shall take effect; and
  4.  the amendments to subdivision 7 of section 2601-a of the education
law made by section eight of this act shall be subject to the expiration
and reversion of such section pursuant to section 13 of  chapter  97  of
the  laws  of  2011,  as  amended, when upon such date the provisions of
section nine of this act shall take effect.