S T A T E O F N E W Y O R K
________________________________________________________________________
8131
I N S E N A T E
June 14, 2016
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT relating to supplementary funding for dedicated programs for
public school students in the East Ramapo central school district;
providing an appropriation therefor; 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:
Section 1. Legislative intent. The legislature finds and determines
that over the course of many years there have been dramatic changes in
the demographics in the town of Ramapo, Rockland county. The number of
residents in the town has dramatically increased, swelling the size of
the East Ramapo central school district to over 30,000 students. Nearly
2/3 of those students do not, however, attend the public school system.
In 2015 the state education department, pursuant to its powers and
duties, appointed three monitors to the district, led by the former
chancellor of the New York City school district. The legislature
further finds and determines that in order to continue moving the
dialogue in the right direction, with the ultimate goal of improving the
outcomes of all students within the district, the appointment of moni-
tors should continue. This legislation continues the appointment of
monitors in the East Ramapo central school district. Finally, the legis-
lature finds that this legislation has received general support from the
school board and the community as a whole.
S 2. Definitions. As used in this act:
(a) "commissioner" shall mean commissioner of education;
(b) "department" shall mean state education department;
(c) "board of education" or "board" shall mean the board of education
of the East Ramapo central school district;
(d) "school district" or "district" shall mean the East Ramapo central
school district; and
(e) "superintendent" shall mean the superintendent of the East Ramapo
central school district.
(f) "comptroller" shall mean the state comptroller.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15839-03-6
S. 8131 2
S 3. (a) Appointment of monitor team. In accordance with the powers
and duties of the board of regents and the commissioner pursuant to
subdivision 2 of section 305 of the education law, section 308 of the
education law, and section 215 of the education law, the commissioner
shall appoint up to 3 monitors to carry out the provisions of this act
including but not limited to providing oversight, guidance and technical
assistance related to the educational and fiscal policies, practices,
programs and decisions of the East Ramapo central school district, the
board of education and the superintendent.
(b) The monitors shall be non-voting ex-officio members of the school
board. The monitors shall be individuals who are not residents or
employees of the school district and to the extent practical, shall have
experience in one of more of the following areas:
(i) school district finances;
(ii) elementary and secondary education;
(iii) the operation of school districts in New York;
(iv) educating students with disabilities; and/or
(v) educating English language learners.
S 4. The monitor or monitors shall be entitled to attend all meetings
of the board, including executive sessions; provided however, such moni-
tor or monitors shall not be considered for purposes of establishing a
quorum of the board, provided further that the monitors may be excused
from executive sessions when privileged issues are being discussed. The
East Ramapo central school district shall fully cooperate with any moni-
tor or monitors appointed by the commissioner, including but not limited
to providing such monitor or monitors with access to any necessary docu-
ments and records of the district including access to electronic infor-
mation systems, databases and planning documents, consistent with all
applicable state and federal statutes including but not limited to Fami-
ly Educational Rights and Privacy Act (FERPA)(20 U.S.C. S1232g) and
section 2-d of the education law.
S 5. (a) The sum of one million dollars ($1,000,000) is hereby appro-
priated for the 2016--2017 school year to the state education department
out of moneys in the state treasury in the general fund to the credit of
the local assistance account, not otherwise appropriated, for reimburse-
ment to the East Ramapo central school district to support students
attending public schools in such district, provided that the district is
in compliance with the requirements set forth in this act. Provided
further that funding appropriated in this paragraph shall only be made
available after the director of the budget has certified that the sum of
two million dollars ($2,000,000) has been made available to the East
Ramapo central school district from available appropriations within
chapter 53 of the laws of 2016, provided that such funds are only made
available for purposes set forth in this act.
(a-1) The East Ramapo central school district shall be eligible to
receive reimbursement from such funds made available pursuant to para-
graph (a) of this section for its approved expenditures on services to
improve and enhance the educational opportunities of students attending
the public schools in such district. Such services shall include, but
not be limited to, reducing class sizes, expanding academic and enrich-
ment opportunities, establishing and expanding kindergarten programs,
expanding extracurricular opportunities and providing student support
services, provided, however, transportation services and expenses shall
not be eligible for reimbursement from such funds.
(b) In order to receive such funds, the school district in consulta-
tion with the monitor or monitors shall develop a long term strategic
S. 8131 3
academic and fiscal improvement plan within 6 months from the enactment
of this act. Such plan shall be submitted to the commissioner for
approval and shall include a set of goals with appropriate benchmarks
and measurable objectives and identify strategies to address areas where
improvements are needed in the district, including but not limited to
its financial stability, academic opportunities and outcomes, education
of students with disabilities, education of English language learners,
and shall ensure compliance with all applicable state and federal laws
and regulations. This improvement plan shall also include a comprehen-
sive expenditure plan that will describe how the funds made available to
the district pursuant to this section will be spent. The comprehensive
expenditure plan shall ensure that funds supplement, not supplant,
expenditures from local, state and federal funds for services provided
to public school students. Such expenditure plan shall be developed in
consultation with the monitor or monitors appointed by the commissioner.
The board of education of the East Ramapo central school district must
conduct a public hearing on the expenditure plan and shall consider the
input of the community before adopting such plan. Such expenditure plan
shall also be made publicly available and shall be submitted along with
comments made by the community to the commissioner for approval once the
plan is finalized. Upon review of the improvement plan and the expendi-
ture plan, required to be submitted pursuant to this subdivision or
section seven of this act, the commissioner shall approve or deny such
plan in writing and, if denied, shall include the reasons therefor. The
district in consultation with the monitors may resubmit such plan or
plans with any needed modifications thereto.
(c) The commissioner shall disburse the funds appropriated pursuant to
this section after receiving satisfactory evidence from the East Ramapo
central school district that the district has complied with the approved
comprehensive expenditure plan and spent such funds pursuant to the
approved expenditure plan.
(d) The commissioner of education shall have 30 days from the receipt
of such evidence to confirm whether the school district has complied
with the requirements of this act and shall determine whether such funds
were spent in conformance with the provisions of this act. Upon finding
compliance and determining that the funds were properly expended, the
commissioner shall certify the amount of the approved expenditures to
the state comptroller for payment no later than 60 days after such
determinations. The East Ramapo central school district shall not
receive reimbursement for funds authorized pursuant to this act that are
not spent for the direct benefit of students attending public schools in
such district in a manner consistent with its approved comprehensive
expenditure plan or prior written approval from the commissioner.
S 6. Fiscal and operational oversight by the commissioner. During the
effective period of this act the commissioner shall undertake an
enhanced review of the district budget.
(a) The board of education in consultation with the monitor or moni-
tors shall annually submit the school district's proposed budget for the
next succeeding school year to the commissioner no later than 45 days
before the date scheduled for the school district's budget vote. The
commissioner shall review the budget to ensure that it, to the greatest
extent possible, expands educational programming for students including
but not limited to extracurricular activities, course offerings, non-
mandated support services, non-mandated art and music classes, programs
and services for English language learners and students with disabili-
ties, and maintaining class size. The commissioner shall also review the
S. 8131 4
proposed budget to ensure that it is balanced within the context of
revenue and expenditure estimates and mandated programs. The commission-
er shall present his or her findings to the board of education no later
than 30 days prior to the date scheduled for the school district's budg-
et vote. The board of education shall make adjustments to the proposed
budget consistent with any recommendations made by the commissioner. The
school district shall make available on the district's website: the
initial proposed budget, the commissioner's findings, and the final
proposed budget prior to the date of the school district's budget vote.
(b) The monitor or monitors appointed by the commissioner shall quar-
terly, and the district shall annually provide to the commissioner
reports on the fiscal and operational status of the school district to
ensure compliance with subdivision (a) of this section. In addition,
monitors shall provide an annual report to the commissioner and comp-
troller on contracts that the district entered into throughout the year.
All reports shall be subject to review by the comptroller at the request
of the commissioner.
S 7. To ensure compliance with the comprehensive expenditure plan, in
the event the district plans to reduce budget appropriations for
programs restored or created under the comprehensive expenditure plan or
the strategic academic and fiscal improvement plan as well as the sale
of school buildings or other real property and capital improvement
contracts in excess of one hundred thousand dollars ($100,000), the
district shall submit a plan to the commissioner for approval.
S 8. This act shall take effect July 1, 2016 and shall expire and be
deemed repealed June 30, 2017.