S T A T E   O F   N E W   Y O R K
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                                  3093

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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  establishing  the
  bilingual  teachers  of  tomorrow  teacher  recruitment  and retention
  program

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

  Section  1.  The education law is amended by adding a new section 3613
to read as follows:
  S  3613.  BILINGUAL  TEACHERS  OF  TOMORROW  TEACHER  RECRUITMENT  AND
RETENTION PROGRAM. 1. DEFINITIONS. A. THE TERM "BILINGUAL TEACHER SHORT-
AGE  AREA"  MEANS  A  PUBLIC SCHOOL OR SUBJECT AREA IN WHICH THERE WAS A
SHORTAGE OF BILINGUAL, CERTIFIED TEACHERS IN THE  PREVIOUS  SCHOOL  YEAR
AND  THERE  IS A PROJECTED SHORTAGE IN THE CURRENT SCHOOL YEAR AS DETER-
MINED BY THE COMMISSIONER.
  B. THE TERM "BILINGUAL, CERTIFIED TEACHER" MEANS A TEACHER WHO HOLDS A
PERMANENT OR PROFESSIONAL STATE TEACHING CERTIFICATE APPROPRIATE TO  THE
TEACHING POSITION, INCLUDING THE SUBJECT AREA IF APPLICABLE, IN WHICH HE
OR SHE IS TO BE EMPLOYED AND WHO IS FULLY QUALIFIED TO TEACH IN A BILIN-
GUAL EDUCATION PROGRAM.
  C.  THE  TERM  "SCHOOL  DISTRICT"  SHALL  MEAN  A  COMMON, UNION FREE,
CENTRAL, CENTRAL HIGH SCHOOL, OR CITY SCHOOL DISTRICT.
  D. THE TERM "BOARD OF EDUCATION" SHALL MEAN THE GOVERNING BOARD OF ANY
PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT DEFINED IN PARAGRAPH C  OF  THIS
SUBDIVISION.
  E. THE TERM "LOW-PERFORMING, LIMITED ENGLISH PROFICIENCY SCHOOL" SHALL
MEAN  A  SCHOOL  BUILDING WHICH IS UNDER REGISTRATION REVIEW OR A SCHOOL
BUILDING PERFORMING SIGNIFICANTLY BELOW STATE STANDARDS  AS  DEFINED  BY
THE  COMMISSIONER  AND  WHICH  HAS  A  SUBSTANTIAL PROPORTION OF LIMITED
ENGLISH PROFICIENCY PUPILS, AS DETERMINED BY THE COMMISSIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06835-01-3

              

S. 3093                             2

  F. THE TERM "YEAR OF SERVICE" SHALL  MEAN  TEN  MONTHS  OF  CONTINUOUS
FULL-TIME SERVICE AS A TEACHER DURING A SCHOOL YEAR, GENERALLY OCCURRING
BETWEEN SEPTEMBER FIRST AND JUNE THIRTIETH.
  2.  APPLICATION  AND  FUNDING.  A.  GRANTS  SHALL  BE  MADE  TO SCHOOL
DISTRICTS FOR BILINGUAL, CERTIFIED  TEACHER  RECRUITMENT  AND  RETENTION
ACTIVITIES  NECESSARY  TO  INCREASE  THE  SUPPLY OF BILINGUAL, CERTIFIED
TEACHERS IN SCHOOL DISTRICTS EXPERIENCING A BILINGUAL, CERTIFIED TEACHER
SHORTAGE IN ACCORDANCE WITH SUBDIVISION THREE OF  THIS  SECTION  AND  IN
SCHOOL DISTRICTS CONTAINING A LOW-PERFORMING, LIMITED ENGLISH PROFICIEN-
CY SCHOOL.
  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 BILINGUAL, CERTIFIED
TEACHERS  IN  THE  SCHOOL  DISTRICT,  THE FISCAL CAPACITY AND GEOGRAPHIC
SPARSITY OF THE DISTRICT, AND THE NUMBER  OF  NEW  BILINGUAL,  CERTIFIED
TEACHERS  THE SCHOOL DISTRICT INTENDS TO HIRE IN THE COMING SCHOOL YEAR.
GRANTS PROVIDED PURSUANT TO THIS SECTION SHALL  BE  USED  ONLY  FOR  THE
PURPOSES ENUMERATED IN THIS SECTION.
  C. NOT MORE THAN SIXTY PERCENT OF THE FUNDS ALLOCATED PURSUANT TO THIS
SECTION  SHALL BE MADE AVAILABLE TO ANY ONE SCHOOL DISTRICT AND PROVIDED
FURTHER THAT A CITY SCHOOL DISTRICT IN A CITY WITH POPULATIONS IN EXCESS
OF ONE MILLION INHABITANTS MAY, NOTWITHSTANDING ANY OTHER  PROVISION  OF
THIS  SECTION, ALLOCATE A PORTION OF THE GRANT RECEIVED PURSUANT TO THIS
SECTION FOR BILINGUAL, CERTIFIED TEACHER RECRUITMENT AND OUTREACH ACTIV-
ITIES PROVIDED THAT ANY  ALLOCATION  FOR  BILINGUAL,  CERTIFIED  TEACHER
RECRUITMENT  AND  OUTREACH ACTIVITIES SHALL NOT EXCEED TWO HUNDRED TWEN-
TY-FIVE THOUSAND DOLLARS.
  D. IN ALLOCATING GRANTS PURSUANT TO THIS SECTION,  A  SCHOOL  DISTRICT
SHALL GIVE PRIORITY IN THE FOLLOWING ORDER:
  (1) FIRST, TO A SCHOOL UNDER REGISTRATION REVIEW THAT IS DESIGNATED AS
A BILINGUAL TEACHER SHORTAGE AREA;
  (2) SECOND, TO ANY LOW-PERFORMING, LIMITED ENGLISH PROFICIENCY SCHOOL;
AND
  (3)  THIRD,  TO  ANY  SCHOOL THAT IS DESIGNATED AS A BILINGUAL TEACHER
SHORTAGE AREA.
  E. ANY SCHOOL DISTRICT RECEIVING FUNDS UNDER THIS SECTION SHALL  MAIN-
TAIN  ANY  LOCAL EFFORT IN THE CURRENT YEAR EQUIVALENT TO SUCH EFFORT IN
THE BASE YEAR FOR ANY  LOCAL  PROGRAM  RELATED  TO  THE  RECRUITMENT  OR
RETENTION  OF TEACHERS OR ANY PROGRAM THAT HAS PURPOSES THAT ARE SIMILAR
TO ANY PURPOSE OF THIS SECTION OR THE DISTRICT  SHALL  PROVIDE  A  LOCAL
MATCH  TO  STATE  FUNDS  RECEIVED  PURSUANT TO THIS SECTION. STATE FUNDS
PROVIDED PURSUANT TO THIS SECTION SHALL NOT SUPPLANT LOCAL FUNDS FOR ANY
PURPOSE SIMILAR TO THE PURPOSES OF THIS SECTION.
  F. APPLICATIONS BY A SCHOOL DISTRICT  FOR  FUNDING  PURSUANT  TO  THIS
SECTION  SHALL  BE  FILED WITH THE COMMISSIONER, IN A FORM DETERMINED BY
THE COMMISSIONER, BY JUNE FIRST OF THE BASE YEAR  AND  SCHOOL  DISTRICTS
SHALL  BE  NOTIFIED  OF  THEIR GRANT AWARD BY JUNE THIRTIETH OF THE BASE
YEAR, PROVIDED THAT IN ANY YEAR SUCH APPLICATION AND AWARD DATES MAY  BE
MODIFIED  BY  THE  COMMISSIONER FOR THE REASONABLE ADMINISTRATION OF THE
PROGRAM. SUCH APPLICATION SHALL INCLUDE A PLAN BY  THE  SCHOOL  DISTRICT
FOR  THE EXPENDITURE OF THE FUNDS IN EACH CATEGORY OF ALLOWABLE EXPENSES
AUTHORIZED BY SUBDIVISION THREE OF THIS SECTION, AND  SUCH  EXPENDITURES
SHALL BE CONSISTENT WITH SUCH PLAN AND THE PROVISIONS OF THIS SECTION.
  G.  A  PERSON  RECEIVING  AN AWARD PURSUANT TO ANY SUBDIVISION OF THIS
SECTION SHALL NOT BE ELIGIBLE FOR AN AWARD PURSUANT TO ANY OTHER  SUBDI-
VISION OF THIS SECTION IN A SCHOOL YEAR.

S. 3093                             3

  3.  BILINGUAL  TEACHERS  OF  TOMORROW  TEACHER  RECRUITMENT  INCENTIVE
PROGRAM.  BILINGUAL TEACHERS OF TOMORROW TEACHER  RECRUITMENT  INCENTIVE
AWARDS  MAY  BE AVAILABLE TO TEACHERS PURSUANT TO THE PROVISIONS OF THIS
SUBDIVISION TO ATTRACT TEACHERS TO EMPLOYMENT IN BILINGUAL TEACHER SHOR-
TAGE AREAS.
  A.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION, AN APPLICANT SHALL:
  (1) BE A BILINGUAL, CERTIFIED TEACHER;
  (2) AGREE TO A SERVICE OBLIGATION OF ONE YEAR OF SERVICE IN  A  BILIN-
GUAL TEACHER SHORTAGE AREA AS A CONDITION OF RECEIVING AN AWARD PURSUANT
TO THIS SUBDIVISION; AND
  (3)  BE  EMPLOYED FOR THE FIRST TIME AS A BILINGUAL, CERTIFIED TEACHER
IN THE SCHOOL DISTRICT.
  B. APPLICATION AND SELECTION. (1) THE BOARD OF EDUCATION SHALL  DETER-
MINE  THE FORM OF THE APPLICATION AND THE APPLICATION PROCESS FOR TEACH-
ERS DEEMED ELIGIBLE FOR THE AWARD, AND SHALL IN  ITS  DISCRETION  SELECT
THE  NUMBER OF ELIGIBLE APPLICANTS WHO WILL RECEIVE AN AWARD PURSUANT TO
THIS SUBDIVISION.
  (2) IF THE NUMBER OF ELIGIBLE APPLICANTS EXCEEDS THE NUMBER OF  AWARDS
DETERMINED  BY  THE  BOARD  PURSUANT TO THIS SUBDIVISION, THEN THE BOARD
SHALL USE AN OBJECTIVE COMPETITIVE PROCESS BASED ON  EDUCATIONAL  QUALI-
FICATIONS TO DETERMINE WHICH ELIGIBLE APPLICANTS SHALL RECEIVE AWARDS.
  C.  PAYMENT  OF  AWARDS.  (1) ANNUAL AWARDS FROM STATE AND LOCAL FUNDS
PROVIDED FOR THIS PURPOSE SHALL BE PAID BY THE BOARD OF EDUCATION TO THE
AWARD RECIPIENT. AWARD RECIPIENTS SHALL BE ENTITLED  TO  RECEIVE  AWARDS
PURSUANT  TO THE PROVISIONS OF THIS SUBDIVISION AND SUCH AWARDS SHALL BE
IN ADDITION TO AND NOT PART OF ANY AWARD RECIPIENT'S BASE SALARY.
  (2) THE INITIAL ANNUAL AWARD SHALL BE TEN THOUSAND DOLLARS,  AND  SUCH
INITIAL  AWARD  MAY  BE  RENEWABLE EACH YEAR, FOR UP TO THREE ADDITIONAL
YEARS, PROVIDED THAT THE RECIPIENT AGREES TO ONE YEAR OF  SERVICE  AS  A
FULL-TIME  BILINGUAL,  CERTIFIED TEACHER IN A BILINGUAL TEACHER SHORTAGE
AREA FOR EACH YEAR OF A RENEWED  AWARD  AND  HAS  PROVIDED  SATISFACTORY
SERVICE  IN  ANY  PRIOR  YEAR  IN  WHICH AN INITIAL OR RENEWED AWARD WAS
GRANTED TO THE RECIPIENT. NO AWARDS SHALL BE  MADE  FOR  LESS  THAN  ONE
SCHOOL  YEAR  OF  SERVICE  AND THE SUM OF ANY INITIAL AND RENEWED AWARDS
SHALL NOT EXCEED FORTY THOUSAND DOLLARS.
  AWARDS MADE PURSUANT TO THIS SUBDIVISION SHALL BE  USED  TO  REIMBURSE
ANY  EDUCATIONAL COSTS, INCLUDING THOSE FOR WHICH STUDENT LOANS MAY HAVE
BEEN TAKEN, INCURRED BY THE RECIPIENT PRIOR TO RECEIPT OF THE AWARD  FOR
CERTIFICATION AS A TEACHER IN THE PUBLIC SCHOOLS OF THE STATE.
  (3)  THE  BOARD  OF  EDUCATION SHALL DEVELOP AND SECURE FROM THE AWARD
RECIPIENT A WRITTEN AGREEMENT OUTLINING  THE  SERVICE  OBLIGATION.  SUCH
AGREEMENT SHALL INCLUDE PROVISIONS FOR THE RECIPIENT TO REPAY THE AMOUNT
OF  THE  AWARD TO THE SCHOOL DISTRICT IF THE RECIPIENT FAILS TO COMPLETE
HIS OR HER SERVICE OBLIGATION IN ANY YEAR WHERE AN  INITIAL  OR  RENEWED
AWARD  IS  GRANTED,  AND  SUCH REPAID AMOUNTS SHALL BE DEDUCTED FROM ANY
GRANT AMOUNTS DUE TO THE  DISTRICT  FROM  THE  STATE  PURSUANT  TO  THIS
SECTION.    UPON  A  WRITTEN  APPEAL BY AN AWARD RECIPIENT, THE BOARD OF
EDUCATION,  IN  ITS  DISCRETION,  MAY  PROVIDE  A  WAIVER  OF  REPAYMENT
PROVISIONS  FOR  AN  AWARD  RECIPIENT  WHO  FAILS TO COMPLETE HIS OR HER
SERVICE REQUIREMENT FOR DOCUMENTED REASONS OF  HEALTH  OR  OTHER  SEVERE
HARDSHIP, AS DETERMINED BY THE COMMISSIONER.
  D.  NOTIFICATION.  THE BOARD OF EDUCATION SHALL NOTIFY BOTH SUCCESSFUL
AND UNSUCCESSFUL APPLICANTS BY SEPTEMBER FIRST OF ANY  SCHOOL  YEAR  FOR
WHICH  AN  INITIAL  OR RENEWED AWARD IS PROVIDED TO TEACHERS PURSUANT TO
THIS SUBDIVISION.

S. 3093                             4

  4. REPORTING. BY NOVEMBER  FIRST  FOLLOWING  THE  COMPLETION  OF  EACH
SCHOOL  YEAR,  THE  COMMISSIONER  SHALL  REPORT  TO THE GOVERNOR AND THE
LEGISLATURE  REGARDING  THE  BILINGUAL  TEACHERS  OF  TOMORROW   TEACHER
RECRUITMENT  AND RETENTION PROGRAM. SUCH REPORT SHALL LIST THE AMOUNT OF
EACH SCHOOL DISTRICT'S TOTAL GRANT PURSUANT TO THIS SECTION, THE USES OF
THE GRANT BY EACH ELIGIBLE CATEGORY OF EXPENSE, AND THE NUMBER OF AWARDS
GRANTED  BY TYPE PURSUANT TO THIS SECTION, AS WELL AS AN ANALYSIS OF THE
EFFECTIVENESS OF THE PROGRAM  IN  RECRUITING  AND  RETAINING  BILINGUAL,
CERTIFIED  TEACHERS  IN  THE  PUBLIC  SCHOOLS OF THE STATE DESIGNATED AS
BILINGUAL TEACHER SHORTAGE AREAS.
  S 2. This act shall take effect immediately.