NY State Assembly Bill 2017-A9506

Assembly Bill A9506

Signed By Governor

2017-2018 Legislative Session

Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2018-2019 state fiscal year

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2018	signed chap.56
Apr 02, 2018	delivered to governor
Mar 29, 2018	returned to assembly passed senate message of necessity - 3 day message 3rd reading cal.734 substituted for s7506b referred to finance delivered to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.19 rules report cal.19 reported reported referred to rules
Mar 28, 2018	print number 9506b
Mar 28, 2018	amend (t) and recommit to ways and means
Mar 12, 2018	print number 9506a
Mar 12, 2018	amend (t) and recommit to ways and means
Jan 18, 2018	referred to ways and means

Votes

- Mar 29, 2018 - Floor Vote
  A9506
  
  53
  
  Aye
  
  7
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 29, 2018
      
      aye (53)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (7)
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Krueger
      
      Parker
      
      Rivera
      
      Stavisky
      
      excused (1)
      
      Serrano

Bill Amendments

Original

B (Active)

2017-A9506 - Details

Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2017-A9506 - Summary

Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2018-2019 state fiscal year; prohibits meal shaming in public school districts, charter schools and non-public schools; requires a school or school district to contact the parent or guardian to offer assistance with a meal application; further requires a clear explanation of the procedure to handle unpaid meal charges

2017-A9506 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7506                                                  A. 9506
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to amend the education law, in relation to contracts for excel-
   lence and the apportionment of public moneys; to amend  the  education
   law,  in  relation to the reporting of teacher diversity; to amend the
   education law, in relation to teaching tolerance; to amend the  educa-
   tion  law, in relation to reporting requirements of school level fund-
   ing; to amend the education law, in relation to charter school tuition
   and facility aid for charter schools; to amend the education  law,  in
   relation  to  supplemental public excess cost aid; to amend the educa-
   tion law, in relation to total foundation aid; to amend the  education
   law,  in  relation  to  building  aid;  to amend the education law, in
   relation to full day kindergarten aid; to amend the education law,  in
   relation  to  academic enhancement aid; to amend the education law, in
   relation to high tax aid; to amend the education law, in  relation  to
   universal  pre-kindergarten  aid;  to  amend  the  education  law,  in
   relation to the statewide universal full-day pre-kindergarten program;
   to amend the education law, in relation to state aid  adjustments;  to
   amend  the  education  law,  in  relation  to the teachers of tomorrow
   teacher recruitment and retention program; to amend the education law,
   in relation to class sizes  for  special  classes  containing  certain
   students with disabilities; to amend the education law, in relation to
   summer  programs  for students with disabilities; to amend chapter 756
   of the laws of 1992, relating to funding  a  program  for  work  force
   education conducted by the consortium for worker education in New York
   city,  in relation to reimbursements for the 2018-2019 school year; to
   amend chapter 756 of the laws of 1992, relating to funding  a  program
   for work force education conducted by the consortium for worker educa-
   tion in New York city, in relation to withholding a portion of employ-
   ment  preparation  education  aid and in relation to the effectiveness
   thereof; to amend the education law, in relation to  class  sizes  for
   special  classes  containing  certain  students  with disabilities; to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12672-01-8

 S. 7506                             2                            A. 9506
 
   amend 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, in  relation  to
   the  effectiveness thereof; to amend the education law, in relation to
   authorizing the granting of waivers for certain duties owed by  school
   districts  to  children with handicapping conditions; to amend chapter
   89 of the laws of 2016, relating to supplementary  funding  for  dedi-
   cated  programs  for public school students in the East Ramapo central
   school district, in relation to the effectiveness  thereof;  to  amend
   chapter  147  of the laws of 2001, amending the education law relating
   to conditional appointment of school district, charter school or BOCES
   employees, in relation to the effectiveness thereof; to amend  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, in relation to the expiration of certain provisions;
   to amend chapter 425 of the laws of 2002, amending the  education  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, in relation to
   the effectiveness thereof; to amend chapter 101 of the laws  of  2003,
   amending  the education law relating to implementation of the No Child
   Left Behind Act of 2001, in relation to the effectiveness thereof;  to
   amend  chapter  56  of  the  laws  of 2014, amending the education law
   relating to providing that  standardized  test  scores  shall  not  be
   included  on  a student's permanent record, in relation to the expira-
   tion of certain provisions; to amend the education law, in relation to
   requiring the commissioner of education to include certain information
   in the official score report of all students; relating to  school  bus
   driver training; relating to special apportionment for salary expenses
   and  public  pension accruals; relating to suballocations of appropri-
   ations; relating to the city school district of the city of Rochester;
   relating to total foundation aid for the purpose of  the  development,
   maintenance  or  expansion  of certain magnet schools or magnet school
   programs for the 2017-2018 school year; and relating to the support of
   public libraries (Part A); to amend the education law and chapter  537
   of  the  laws of 1976, relating to paid, free and reduced price break-
   fast for eligible pupils in  certain  school  districts,  in  relation
   prohibiting  lunch  shaming and to school breakfast and lunch programs
   (Part B); to amend the  education  law,  in  relation  to  authorizing
   school  bus stop cameras; and to amend the vehicle and traffic law, in
   relation to owner liability for operator illegally overtaking or pass-
   ing a school bus and increasing fines for passing a stopped school bus
   (Part C); to amend the education law, in relation to participation  in
   recovery high school programs (Part D); to amend the education law, in
   relation  to eligibility requirements and conditions governing general
   awards, academic performance awards  and  student  loans;  eligibility
   requirements  for  assistance  under  the higher education opportunity
   programs and the collegiate science and technology entry program;  the
   definition  of "resident"; financial aid opportunities for students of
   the state university of New York, the city university of New York  and
   community  colleges;  and  the  program  requirements for the New York
   state college choice tuition savings program; and to  repeal  subdivi-
   sion  3 of section 661 of the education law relating thereto (Part E);
   to amend the education law, the business corporation law, the partner-
   ship law and the limited liability company law, in relation to  certi-
   fied  public  accountants (Part F); to amend chapter 57 of the laws of

 S. 7506                             3                            A. 9506
 
   2012 amending the social services law and the family court act  relat-
   ing  to  establishing a juvenile justice services close to home initi-
   ative, and amending the social services law, the family court act  and
   the  executive  law  relating  to juvenile delinquents, in relation to
   extending the close to home  (CTH)  initiative  and  juvenile  justice
   reforms  an additional five years; and to repeal certain provisions of
   paragraph (a) of subdivision 8 of section 404 of the  social  services
   law relating to CTH funding and reimbursement (Part G); in relation to
   authorizing  the closure of the Ella McQueen reception center for boys
   and girls (Part H); to amend part G of chapter 57 of the laws of 2013,
   amending the executive law and the social  services  law  relating  to
   consolidating the youth development and delinquency prevention program
   and the special delinquency prevention program, in relation to extend-
   ing  such  provisions  (Part  I); to amend part K of chapter 57 of the
   laws of 2012, amending the education law, relating to authorizing  the
   board of cooperative educational services to enter into contracts with
   the  commissioner  of  children and family services to provide certain
   services, in relation to the effectiveness thereof (Part J); to  amend
   the  public authorities law, in relation to adding the office of chil-
   dren and family services to the list of entities to whom the dormitory
   authority of the state of New York (DASNY) is  authorized  to  provide
   capital design and construction services (Part K); to amend the social
   services  law, in relation to increasing the standards of monthly need
   for aged, blind and disabled persons living in the community (Part L);
   to amend the social services law, in relation to a rental subsidy  for
   public assistance recipients living with HIV/AIDS (Part M); to utilize
   reserves  in  the mortgage insurance fund for various housing purposes
   (Part N); and to amend chapter 85 of the laws  of  2017,  relating  to
   creating  the  Lake  Ontario-St.  Lawrence  Seaway  flood recovery and
   International Joint Commission Plan 2014 mitigation grant program,  in
   relation  to  utilizing  reserves  in  the mortgage insurance fund for
   various housing purposes (Part O)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 which are necessary to implement the state fiscal plan for the 2018-2019
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified  as Parts A through O. The effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of this act", when used in connection with that  particular  component,
 shall  be  deemed  to mean and refer to the corresponding section of the
 Part in which it is found. Section three of  this  act  sets  forth  the
 general effective date of this act.
 
                                  PART A
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion  law, as amended by section 1 of part YYY of chapter 59 of the laws
 of 2017, is amended to read as follows:
   e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
 district  that  submitted a contract for excellence for the two thousand

 S. 7506                             4                            A. 9506
 
 eight--two thousand nine school year shall submit a contract for  excel-
 lence  for  the  two  thousand  nine--two  thousand  ten  school year in
 conformity with the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of this section unless all schools in the district are
 identified as in good standing  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 nine--two thousand ten school year, unless all schools in  the  district
 are  identified  as in good standing, shall submit a contract for excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than  the  product  of  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
 district's  gap  elimination  adjustment percentage and provided further
 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for excellence for the two thousand twelve--two thousand thir-
 teen school  year  which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the  two  thousand  eleven--two  thousand  twelve  school  year  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  twelve--two  thousand  thirteen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year  and  provided  further  that,  a  school district that submitted a
 contract for excellence for  the  two  thousand  thirteen--two  thousand
 fourteen  school year, unless all schools in the district are identified
 as in good standing, shall submit a contract for excellence for the  two
 thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand  fourteen  school  year;  and  provided  further that, a school
 district that submitted a contract for excellence for the  two  thousand
 fourteen--two  thousand  fifteen  school year, unless all schools in the
 district are identified as in good standing, shall submit a contract for
 excellence for the two thousand  fifteen--two  thousand  sixteen  school
 year  which shall, notwithstanding the requirements of subparagraph (vi)
 of paragraph a of subdivision two  of  this  section,  provide  for  the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-

 S. 7506                             5                            A. 9506
 
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand sixteen--two thousand  seventeen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 seventeen--two  thousand eighteen school year which shall, notwithstand-
 ing the requirements of subparagraph (vi) of paragraph a of  subdivision
 two  of  this  section,  provide  for the expenditure of an amount which
 shall be not less than the amount approved by the  commissioner  in  the
 contract  for  excellence  for  the  two  thousand sixteen--two thousand
 seventeen school year; AND PROVIDED FURTHER THAT A SCHOOL DISTRICT  THAT
 SUBMITTED  A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SEVENTEEN--TWO
 THOUSAND EIGHTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN  THE  DISTRICT  ARE
 IDENTIFIED  AS  IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE
 FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL  YEAR  WHICH
 SHALL,  NOTWITHSTANDING  THE  REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARA-
 GRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE  EXPENDITURE
 OF  AN  AMOUNT  WHICH  SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE
 COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND  SEVEN-
 TEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR. For purposes of this paragraph,
 the  "gap  elimination adjustment percentage" shall be calculated as the
 sum of one minus the quotient of the sum of the  school  district's  net
 gap  elimination  adjustment  for  two thousand ten--two thousand eleven
 computed pursuant to chapter fifty-three of the  laws  of  two  thousand
 ten,  making  appropriations  for  the  support  of government, plus the
 school district's gap elimination adjustment for two  thousand  eleven--
 two  thousand  twelve as computed pursuant to chapter fifty-three of the
 laws of two thousand eleven, making appropriations for  the  support  of
 the  local  assistance budget, including support for general support for
 public schools, divided by the total aid for adjustment computed  pursu-
 ant  to  chapter  fifty-three of the laws of two thousand eleven, making
 appropriations for the local assistance budget,  including  support  for
 general  support for public schools. Provided, further, that such amount
 shall be expended to support and maintain allowable programs and  activ-
 ities approved in the two thousand nine--two thousand ten school year or
 to  support  new  or  expanded  allowable programs and activities in the
 current year.
   § 2. The education law is amended by adding a  new  section  210-d  to
 read as follows:
   §  210-D.  DATA  REPORTING REQUIREMENTS FOR GRADUATE-LEVEL TEACHER AND
 EDUCATIONAL LEADER PROGRAMS. EACH INSTITUTION REGISTERED BY THE  DEPART-
 MENT  WITH  GRADUATE-LEVEL  TEACHER  AND LEADER EDUCATION PROGRAMS SHALL
 REPORT TO THE DEPARTMENT DATA IN A FORM PRESCRIBED BY  THE  COMMISSIONER
 REGARDING  DEMOGRAPHIC DATA, ON STUDENTS PARTICIPATING IN AND COMPLETING
 REGISTERED GRADUATE-LEVEL TEACHER AND EDUCATIONAL LEADER PROGRAMS.
   § 3. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 57 to read as follows:
   57.  THE  COMMISSIONER,  IN  COOPERATION  WITH THE COMMISSIONER OF THE
 DIVISION OF HUMAN RIGHTS, SHALL ESTABLISH  AND  DEVELOP  A  RESPECT  FOR
 DIVERSITY  PROGRAM WITHIN THE DEPARTMENT FOR THE EIGHTH AND NINTH GRADE.
 SUCH PROGRAM SHALL INCLUDE BUT NOT BE LIMITED TO  AGE-APPROPRIATE  MODEL
 CURRICULUM,  EXEMPLAR  LESSON  PLANS,  AND  BEST  PRACTICE INSTRUCTIONAL

 S. 7506                             6                            A. 9506
 
 RESOURCES DESIGNED TO  PROMOTE  AWARENESS  AND  RESPECT  FOR  DIVERSITY,
 INCLUDING  BUT  NOT  LIMITED  TO  RESPECT  FOR DIVERSITY OF RACE, COLOR,
 WEIGHT, NATIONAL ORIGIN, ETHNIC  GROUP,  RELIGION,  RELIGIOUS  PRACTICE,
 DISABILITY, SEXUAL ORIENTATION, GENDER, OR SEX.
   § 4. The education law is amended by adding a new section 3614 to read
 as follows:
   § 3614. STATEMENT OF THE TOTAL FUNDING ALLOCATION.  1. NOTWITHSTANDING
 ANY  PROVISION  OF  LAW,  RULE OR REGULATION TO THE CONTRARY, COMMENCING
 WITH THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN  SCHOOL  YEAR  FOR
 SCHOOL  DISTRICTS  LOCATED  IN A CITY WITH A POPULATION OF MORE THAN ONE
 HUNDRED TWENTY-FIVE THOUSAND, AND COMMENCING WITH THE TWO THOUSAND NINE-
 TEEN--TWO THOUSAND TWENTY SCHOOL YEAR FOR SCHOOL DISTRICTS CONTAINING AT
 LEAST NINE SCHOOLS AS  REPORTED  IN  THE  SCHOOL  REPORT  CARD  DATABASE
 PRODUCED  BY THE COMMISSIONER FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND
 SEVENTEEN SCHOOL YEAR AND WHICH RECEIVE AT LEAST FIFTY PERCENT OF  TOTAL
 REVENUE  FROM  STATE AID AS REPORTED IN THE FISCAL PROFILES MASTER FILES
 REPORT PRODUCED BY THE COMMISSIONER CONCERNING DATA ON  SCHOOL  DISTRICT
 EXPENDITURES  AND  REVENUES  FOR  THE TWO THOUSAND FIFTEEN--TWO THOUSAND
 SIXTEEN SCHOOL YEAR, SUCH SCHOOL DISTRICTS SHALL ANNUALLY SUBMIT FOR THE
 APPROVAL OF THE COMMISSIONER AND THE DIRECTOR OF THE  BUDGET  AND  SHALL
 MAKE PUBLICLY AVAILABLE AND ON THE DISTRICT WEBSITE A DETAILED STATEMENT
 OF  THE TOTAL FUNDING ALLOCATION FOR EACH SCHOOL IN THE DISTRICT FOR THE
 UPCOMING SCHOOL BUDGET YEAR PRIOR TO THE FIRST DAY OF SUCH SCHOOL  YEAR,
 PROVIDED THAT:
   A.  SUCH  STATEMENTS  SHALL BE IN A FORM DEVELOPED BY THE COMMISSIONER
 AND APPROVED BY THE DIRECTOR OF THE BUDGET, PROVIDED THAT WHEN PREPARING
 STATEMENTS DISTRICTS SHALL ADHERE TO AND COMPLETE  THE  PRESCRIBED  FORM
 ACCURATELY  AND  FULLY.  PROVIDED,  FURTHER, THAT EACH LOCAL EDUCATIONAL
 AGENCY SHALL INCLUDE IN SUCH STATEMENT THE  APPROACH  USED  TO  ALLOCATE
 FUNDS  TO  EACH  SCHOOL AND THAT SUCH STATEMENT SHALL INCLUDE BUT NOT BE
 LIMITED TO SEPARATE ENTRIES FOR EACH INDIVIDUAL SCHOOL, DEMOGRAPHIC DATA
 FOR THE SCHOOL, PER PUPIL FUNDING LEVEL, SOURCE OF  FUNDS,  AND  UNIFORM
 DECISION  RULES REGARDING ALLOCATION OF CENTRALIZED SPENDING TO INDIVID-
 UAL SCHOOLS FROM BOTH STATE AND LOCAL FUNDS.
   B. THE COMMISSIONER AND  DIRECTOR  OF  THE  BUDGET  SHALL  REVIEW  AND
 APPROVE OR DISAPPROVE OF SUCH STATEMENT OF THE APPROACH USED TO ALLOCATE
 STATE  AND LOCAL FUNDS, BASED ON CRITERIA WHICH SHALL INCLUDE BUT NOT BE
 LIMITED TO STUDENT NEED, PER PUPIL FUNDING, AND TOTAL FUNDING,  PROVIDED
 THAT NO SUCH APPROACH SHALL USE STATE OR FEDERAL FUNDS TO SUPPLANT LOCAL
 FUNDS.
   C.  IF  THE COMMISSIONER OR DIRECTOR OF THE BUDGET DISAPPROVE A SCHOOL
 DISTRICT'S SPENDING STATEMENT, SUCH SCHOOL DISTRICT SHALL BE ALLOWED  TO
 SUBMIT A REVISED SPENDING STATEMENT FOR APPROVAL.
   D. NOTHING IN THIS SUBDIVISION SHALL ALTER OR SUSPEND STATUTORY SCHOOL
 DISTRICT BUDGET AND VOTING REQUIREMENTS.
   2.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  LAW,  NO SCHOOL
 DISTRICT SUBJECT TO THIS SECTION SHALL BE ELIGIBLE FOR AN  APPORTIONMENT
 OF  GENERAL  SUPPORT  FOR PUBLIC SCHOOLS FROM THE FUNDS APPROPRIATED FOR
 THE CURRENT SCHOOL YEAR IN EXCESS OF  THE  AMOUNT  APPORTIONED  TO  SUCH
 SCHOOL  DISTRICT IN THE RESPECTIVE BASE YEAR UNLESS SUCH SCHOOL DISTRICT
 HAS SUBMITTED A STATEMENT FOR THE CURRENT  SCHOOL  YEAR  THAT  HAS  BEEN
 APPROVED  BY THE COMMISSIONER AND THE DIRECTOR OF THE BUDGET AS REQUIRED
 BY SUBDIVISION ONE OF THIS SECTION. FOR PURPOSES  OF  THIS  SUBDIVISION,
 "BASE YEAR" SHALL MEAN THE BASE YEAR AS DEFINED IN PARAGRAPH B OF SUBDI-
 VISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, AND "CURRENT

 S. 7506                             7                            A. 9506
 
 YEAR" SHALL MEAN THE CURRENT YEAR AS DEFINED IN PARAGRAPH A OF  SUBDIVI-
 SION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART.
   §  5.  Paragraph b of subdivision 6-g of section 3602 of the education
 law, as amended by section 11-a of part A of chapter 54 of the  laws  of
 2016, is amended to read as follows:
   b. The apportionment shall equal the product of (1) the sum of:
   for aid payable for expenses incurred pursuant to subparagraph five of
 paragraph  (e)  of  subdivision  three  of  section twenty-eight hundred
 fifty-three of this chapter where the charter school prevails on appeal,
 the annual approved expenses incurred by the city school district pursu-
 ant to such subparagraph five multiplied by
   (2) six-tenths, PROVIDED,  HOWEVER,  THAT  THE  APPORTIONMENT  PAYABLE
 PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TEN MILLION DOLLARS.
   §  6.  Clause (A) of subparagraph 5 of paragraph e of subdivision 3 of
 section 2853 of the education law, as amended by section 11 of part A of
 chapter 54 of the laws of 2016, is amended to read as follows:
   (A) the actual  rental  cost,  INCLUDING  BUT  NOT  LIMITED  TO  LEASE
 PAYMENTS, COSTS OF CAPITAL IMPROVEMENTS, COSTS OF OCCUPANCY, MAINTENANCE
 AND REPAIRS, UTILITIES, CUSTODIAL, SECURITY, INSURANCE AND REAL PROPERTY
 TAXES,  of  an  alternative privately owned site selected by the charter
 school or
   § 7. Paragraph (d) of subdivision 1 of section 2856 of  the  education
 law,  as  amended  by section 4 of part YYY of chapter 59 of the laws of
 2017, is amended to read as follows:
   (d) School districts shall be eligible  for  an  annual  apportionment
 equal  to  the  amount of the supplemental basic tuition for the charter
 school in the base year for the expenses incurred in  the  two  thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen, two thousand sixteen--two thousand  seventeen  [school  years],
 and  [thereafter]  TWO  THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
 YEARS. SCHOOL DISTRICTS OTHER THAN A SCHOOL DISTRICT LOCATED IN  A  CITY
 WITH A POPULATION OF ONE MILLION PEOPLE OR MORE SHALL BE ELIGIBLE FOR AN
 ANNUAL  APPORTIONMENT  IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
 SCHOOL YEAR AND THEREAFTER EQUAL TO THE AMOUNT OF THE SUPPLEMENTAL BASIC
 TUITION FOR THE CHARTER SCHOOL IN THE BASE YEAR.
   § 8.  Paragraph d of subdivision 1 of section 2856  of  the  education
 law,  as amended by section 4-a of part YYY of chapter 59 of the laws of
 2017, is amended to read as follows:
   (d) School districts shall be eligible  for  an  annual  apportionment
 equal  to  the  amount of the supplemental basic tuition for the charter
 school in the base year for the expenses incurred in  the  two  thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen, two thousand sixteen--two thousand  seventeen  [school  years],
 and  [thereafter]  TWO  THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
 YEARS. SCHOOL DISTRICTS OTHER THAN A SCHOOL DISTRICT LOCATED IN  A  CITY
 WITH A POPULATION OF ONE MILLION PEOPLE OR MORE SHALL BE ELIGIBLE FOR AN
 ANNUAL  APPORTIONMENT  IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
 SCHOOL YEAR AND THEREAFTER EQUAL TO THE AMOUNT OF THE SUPPLEMENTAL BASIC
 TUITION FOR THE CHARTER SCHOOL IN THE BASE YEAR.
   § 9. Paragraph r of subdivision 1 of section  3602  of  the  education
 law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   r. "Sparsity count", for districts operating  a  kindergarten  through
 grade twelve school program, shall mean the product of (i) the base year
 public  school  enrollment of the district and (ii) THE SPARSITY FACTOR,
 WHICH SHALL MEAN the quotient, computed to three decimals without round-

 S. 7506                             8                            A. 9506
 
 ing, of the positive remainder of twenty-five minus the  enrollment  per
 square  mile  divided  by fifty and nine tenths, but not less than zero.
 Enrollment per square mile shall be the quotient, computed to two  deci-
 mals  without  rounding,  of  the public school enrollment of the school
 district on the date enrollment was  counted  in  accordance  with  this
 subdivision  for  the  base  year  divided  by  the  square miles of the
 district, as determined by the commissioner.
   § 9-a. Subdivision 4 of section 3602 of the education law, as  amended
 by  section  16-a  of  part  YYY  of  chapter 59 of the laws of 2017, is
 amended to read as follows:
   4. Total foundation aid. In addition to any other apportionment pursu-
 ant to this chapter, a school district, other than a special act  school
 district as defined in subdivision eight of section four thousand one of
 this  chapter,  shall  be eligible for total foundation aid equal to the
 product of total  aidable  foundation  pupil  units  multiplied  by  the
 district's  selected  foundation aid, which shall be the greater of five
 hundred dollars ($500) or foundation formula aid, provided, however that
 for the two thousand seven--two  thousand  eight  through  two  thousand
 eight--two  thousand nine school years, no school district shall receive
 total foundation aid in excess of the sum of the  total  foundation  aid
 base  for  aid  payable  in  the  two thousand seven--two thousand eight
 school year computed pursuant to subparagraph  (i)  of  paragraph  j  of
 subdivision  one  of this section, plus the phase-in foundation increase
 computed pursuant to paragraph  b  of  this  subdivision,  and  provided
 further  that  for the two thousand twelve--two thousand thirteen school
 year, no school district shall receive total foundation aid in excess of
 the sum of the total foundation aid base for  aid  payable  in  the  two
 thousand  eleven--two  thousand  twelve school year computed pursuant to
 subparagraph (ii) of paragraph j of subdivision  one  of  this  section,
 plus  the  phase-in foundation increase computed pursuant to paragraph b
 of this subdivision, and provided further  that  for  the  two  thousand
 thirteen--two  thousand  fourteen  school year and thereafter, no school
 district shall receive total foundation aid in excess of the sum of  the
 total  foundation  aid  base  computed  pursuant to subparagraph (ii) of
 paragraph j of subdivision one of this section, plus the phase-in  foun-
 dation  increase  computed  pursuant to paragraph b of this subdivision,
 and provided further that for the  two  thousand  sixteen--two  thousand
 seventeen  school year, no eligible school districts shall receive total
 foundation aid in excess of the sum of the  total  foundation  aid  base
 computed pursuant to subparagraph (ii) of paragraph j of subdivision one
 of  this  section  plus the sum of (A) the phase-in foundation increase,
 (B) the executive foundation increase with a minimum  increase  pursuant
 to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU-
 NITY  SCHOOLS  AID" in the computer listing produced by the commissioner
 in support  of  the  executive  budget  request  for  the  two  thousand
 sixteen--two  thousand  seventeen  school  year  and entitled "BT161-7",
 where (1) "eligible school district" shall be defined as a district with
 (a) an unrestricted aid increase of less than seven percent  (0.07)  and
 (b)  a  three  year average free and reduced price lunch percent greater
 than fifteen percent (0.15), and (2) "unrestricted aid  increase"  shall
 mean  the quotient arrived at when dividing (a) the sum of the executive
 foundation aid increase plus the gap elimination adjustment for the base
 year, by (b) the difference of foundation aid for the base year less the
 gap elimination adjustment for the base year, and (3) "executive founda-
 tion increase" shall mean the difference of (a) the  amounts  set  forth
 for  each school district as "FOUNDATION AID" under the heading "2016-17

 S. 7506                             9                            A. 9506
 
 ESTIMATED AIDS" in the school  aid  computer  listing  produced  by  the
 commissioner  in  support  of  the  executive budget request for the two
 thousand  sixteen--two  thousand  seventeen  school  year  and  entitled
 "BT161-7"  less  (b)  the  amounts set forth for each school district as
 "FOUNDATION AID" under the heading "2015-16  BASE  YEAR  AIDS"  in  such
 computer  listing  and  provided further that total foundation aid shall
 not be less than the product of the total foundation aid  base  computed
 pursuant  to paragraph j of subdivision one of this section and the due-
 minimum percent which shall be, for the two thousand  twelve--two  thou-
 sand  thirteen  school  year, one hundred and six-tenths percent (1.006)
 and for the two thousand thirteen--two thousand fourteen school year for
 city school districts of those cities having populations  in  excess  of
 one  hundred  twenty-five thousand and less than one million inhabitants
 one hundred and one and one hundred and seventy-six thousandths  percent
 (1.01176),  and  for  all  other  districts one hundred and three-tenths
 percent (1.003), and for the two thousand fourteen--two thousand fifteen
 school year one hundred and eighty-five hundredths percent (1.0085), and
 for the two thousand fifteen--two  thousand  sixteen  school  year,  one
 hundred  thirty-seven hundredths percent (1.0037), subject to allocation
 pursuant to the provisions of subdivision eighteen of this  section  and
 any  provisions of a chapter of the laws of New York as described there-
 in, nor more than the product of such total foundation aid base and  one
 hundred  fifteen percent for any school year other than the two thousand
 seventeen--two thousand eighteen school year,  provided,  however,  that
 for  the  two  thousand sixteen--two thousand seventeen school year such
 maximum shall be no more than the sum of (i) the product of  such  total
 foundation aid base and one hundred fifteen percent plus (ii) the execu-
 tive  foundation  increase and plus (iii) "COMMUNITY SCHOOLS AID" in the
 computer listing produced by the commissioner in support of  the  execu-
 tive budget request for the two thousand sixteen--two thousand seventeen
 school year and entitled "BT161-7" and provided further that for the two
 thousand  nine--two  thousand ten through two thousand eleven--two thou-
 sand twelve school years, each school district shall receive total foun-
 dation aid in an amount equal to the amount apportioned to  such  school
 district  for  the  two  thousand  eight--two  thousand nine school year
 pursuant to this subdivision. Total aidable foundation pupil units shall
 be calculated pursuant  to  paragraph  g  of  subdivision  two  of  this
 section.  For  the purposes of calculating aid pursuant to this subdivi-
 sion, aid for the city school district of the city of New York shall  be
 calculated on a citywide basis.
   a.  Foundation  formula  aid.  Foundation  formula aid shall equal the
 remainder when the expected minimum  local  contribution  is  subtracted
 from  the product of the foundation amount, the regional cost index, and
 the pupil need index, or: (foundation amount x  regional  cost  index  x
 pupil need index)-expected minimum local contribution.
   (1)  The foundation amount shall reflect the average per pupil cost of
 general education instruction in successful school districts, as  deter-
 mined  by  a  statistical analysis of the costs of special education and
 general education in successful  school  districts,  provided  that  the
 foundation  amount  shall be adjusted annually to reflect the percentage
 increase in the consumer price index as computed pursuant to section two
 thousand twenty-two of this chapter, provided that for the two  thousand
 eight--two  thousand  nine  school year, for the purpose of such adjust-
 ment, the percentage increase in  the  consumer  price  index  shall  be
 deemed  to  be two and nine-tenths percent (0.029), and provided further
 that the foundation amount for  the  two  thousand  seven--two  thousand

 S. 7506                            10                            A. 9506
 
 eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
 dollars, and provided further that for the two thousand seven--two thou-
 sand eight through two thousand seventeen--two thousand eighteen  school
 years,  the  foundation amount shall be further adjusted by the phase-in
 foundation percent established pursuant to paragraph b of this  subdivi-
 sion.
   (2)  The regional cost index shall reflect an analysis of labor market
 costs based on median salaries in professional occupations that  require
 similar  credentials  to  those of positions in the education field, but
 not including those occupations in the education  field,  provided  that
 the regional cost indices for the two thousand seven--two thousand eight
 school year and thereafter shall be as follows:
           Labor Force Region  Index
           Capital District    1.124
           Southern Tier       1.045
           Western New York    1.091
           Hudson Valley       1.314
           Long Island/NYC     1.425
           Finger Lakes        1.141
           Central New York    1.103
           Mohawk Valley       1.000
           North Country       1.000
   (3)  The pupil need index shall equal the sum of one plus the extraor-
 dinary needs percent, provided, however, that the pupil need index shall
 not be less than one nor more than two. The extraordinary needs  percent
 shall  be  calculated pursuant to paragraph w of subdivision one of this
 section.
   (4) The expected minimum local contribution shall equal the lesser  of
 (i)  the product of (A) the quotient arrived at when the selected actual
 valuation is divided by total wealth foundation pupil units,  multiplied
 by  (B)  the  product  of the local tax factor, multiplied by the income
 wealth index, or (ii) the product of (A) the product of  the  foundation
 amount, the regional cost index, and the pupil need index, multiplied by
 (B)  the  positive  difference,  if  any, of one minus the state sharing
 ratio for total foundation aid. The local tax  factor  shall  be  estab-
 lished by May first of each year by determining the product, computed to
 four  decimal  places  without rounding, of ninety percent multiplied by
 the quotient of the sum of the statewide average tax rate as computed by
 the commissioner for the current year in accordance with the  provisions
 of  paragraph  e of subdivision one of section thirty-six hundred nine-e
 of this part plus the statewide average tax rate computed by the commis-
 sioner for the base year in accordance with  such  provisions  plus  the
 statewide  average  tax  rate  computed by the commissioner for the year
 prior to the base year in accordance with such  provisions,  divided  by
 three,  provided  however  that for the two thousand seven--two thousand
 eight school year, such local tax factor shall  be  sixteen  thousandths
 (0.016), and provided further that for the two thousand eight--two thou-
 sand  nine  school  year,  such  local  tax  factor shall be one hundred
 fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
 calculated pursuant to paragraph d of subdivision three of this section,
 provided, however, that for the purposes of computing the expected mini-
 mum  local  contribution  the income wealth index shall not be less than
 sixty-five percent (0.65) and shall not be more than two hundred percent
 (2.0) and provided however that such income wealth index  shall  not  be
 more  than  ninety-five  percent  (0.95) for the two thousand eight--two
 thousand nine school year, and provided further that such income  wealth

 S. 7506                            11                            A. 9506
 
 index  shall  not  be  less than zero for the two thousand thirteen--two
 thousand fourteen school year. The selected actual  valuation  shall  be
 calculated  pursuant  to paragraph c of subdivision one of this section.
 Total  wealth  foundation  pupil  units  shall be calculated pursuant to
 paragraph h of subdivision two of this section.
   b. Phase-in foundation increase. (1) The phase-in foundation  increase
 shall  equal  the  product  of  the  phase-in foundation increase factor
 multiplied by the positive difference, if any, of (i) the product of the
 total aidable  foundation  pupil  units  multiplied  by  the  district's
 selected foundation aid less (ii) the total foundation aid base computed
 pursuant to paragraph j of subdivision one of this section.
   (2)  (i)  Phase-in foundation percent. The phase-in foundation percent
 shall equal one hundred thirteen and  fourteen  one  hundredths  percent
 (1.1314)  for  the two thousand eleven--two thousand twelve school year,
 one hundred ten and thirty-eight hundredths percent (1.1038) for the two
 thousand twelve--two thousand thirteen school year,  one  hundred  seven
 and  sixty-eight  hundredths percent (1.0768) for the two thousand thir-
 teen--two thousand fourteen  school  year,  one  hundred  five  and  six
 hundredths  percent (1.0506) for the two thousand fourteen--two thousand
 fifteen school year,  and  one  hundred  two  and  five  tenths  percent
 (1.0250) for the two thousand fifteen--two thousand sixteen school year.
   (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
 eleven--two  thousand  twelve  school  year,  the  phase-in   foundation
 increase  factor  shall  equal thirty-seven and one-half percent (0.375)
 and the phase-in due minimum percent shall equal nineteen and  forty-one
 hundredths  percent  (0.1941), for the two thousand twelve--two thousand
 thirteen school year the phase-in foundation increase factor shall equal
 one and seven-tenths percent (0.017), for the two thousand thirteen--two
 thousand fourteen school year the phase-in  foundation  increase  factor
 shall equal (1) for a city school district in a city having a population
 of  one  million  or  more,  five  and  twenty-three  hundredths percent
 (0.0523) or (2) for all other school districts zero percent, for the two
 thousand fourteen--two thousand fifteen school year the phase-in founda-
 tion increase factor shall equal (1) for a city  school  district  of  a
 city  having  a  population  of one million or more, four and thirty-two
 hundredths percent (0.0432) or (2) for a school district  other  than  a
 city  school  district  having  a  population of one million or more for
 which (A) the quotient of the  positive  difference  of  the  foundation
 formula aid minus the foundation aid base computed pursuant to paragraph
 j  of  subdivision one of this section divided by the foundation formula
 aid is greater than twenty-two percent (0.22) and (B) a combined  wealth
 ratio  less  than thirty-five hundredths (0.35), seven percent (0.07) or
 (3) for all other  school  districts,  four  and  thirty-one  hundredths
 percent (0.0431), and for the two thousand fifteen--two thousand sixteen
 school year the phase-in foundation increase factor shall equal: (1) for
 a  city  school district of a city having a population of one million or
 more,  thirteen  and  two  hundred  seventy-four   thousandths   percent
 (0.13274);  or  (2)  for  districts  where  the quotient arrived at when
 dividing (A) the product of the total  aidable  foundation  pupil  units
 multiplied  by  the  district's  selected  foundation aid less the total
 foundation aid base computed pursuant to paragraph j of subdivision  one
 of  this section divided by (B) the product of the total aidable founda-
 tion pupil units multiplied by the district's selected foundation aid is
 greater than nineteen percent (0.19), and where the district's  combined
 wealth  ratio  is  less  than  thirty-three hundredths (0.33), seven and
 seventy-five hundredths percent (0.0775); or (3) for any other  district

 S. 7506                            12                            A. 9506
 
 designated  as  high  need pursuant to clause (c) of subparagraph two of
 paragraph c of subdivision six  of  this  section  for  the  school  aid
 computer  listing produced by the commissioner in support of the enacted
 budget  for  the  two thousand seven--two thousand eight school year and
 entitled "SA0708", four  percent  (0.04);  or  (4)  for  a  city  school
 district  in a city having a population of one hundred twenty-five thou-
 sand or more but less than one million, fourteen percent (0.14); or  (5)
 for school districts that were designated as small city school districts
 or  central  school  districts  whose  boundaries include a portion of a
 small city for the school aid computer listing produced by  the  commis-
 sioner  in support of the enacted budget for the two thousand fourteen--
 two thousand fifteen school year and entitled "SA1415", four  and  seven
 hundred  fifty-one  thousandths  percent (0.04751); or (6) for all other
 districts one percent (0.01), and  for  the  two  thousand  sixteen--two
 thousand  seventeen  school  year  the  foundation aid phase-in increase
 factor shall equal for an eligible school district the greater  of:  (1)
 for a city school district in a city with a population of one million or
 more, seven and seven hundred eighty four thousandths percent (0.07784);
 or  (2)  for  a city school district in a city with a population of more
 than two hundred fifty thousand but less than one million as of the most
 recent federal decennial census,  seven  and  three  hundredths  percent
 (0.0703);  or (3) for a city school district in a city with a population
 of more than two hundred thousand but less than two hundred fifty  thou-
 sand as of the most recent federal decennial census, six and seventy-two
 hundredths percent (0.0672); or (4) for a city school district in a city
 with  a population of more than one hundred fifty thousand but less than
 two hundred thousand as of the most recent federal decennial census, six
 and seventy-four hundredths percent (0.0674); or (5) for a  city  school
 district  in  a  city with a population of more than one hundred twenty-
 five thousand but less than one hundred fifty thousand as  of  the  most
 recent  federal decennial census, nine and fifty-five hundredths percent
 (0.0955); or (6) for school districts that were designated as small city
 school districts or central school districts whose boundaries include  a
 portion  of a small city for the school aid computer listing produced by
 the commissioner in support of the enacted budget for the  two  thousand
 fourteen--two thousand fifteen school year and entitled "SA141-5" with a
 combined  wealth ratio less than one and four tenths (1.4), nine percent
 (0.09), provided,  however,  that  for  such  districts  that  are  also
 districts  designated as high need urban-suburban pursuant to clause (c)
 of subparagraph two of paragraph c of subdivision six  of  this  section
 for  the  school  aid  computer  listing produced by the commissioner in
 support of the enacted budget for the two thousand  seven--two  thousand
 eight  school  year  and  entitled  "SA0708", nine and seven hundred and
 nineteen thousandths percent (0.09719);  or  (7)  for  school  districts
 designated as high need rural pursuant to clause (c) of subparagraph two
 of  paragraph  c  of  subdivision six of this section for the school aid
 computer listing produced by the commissioner in support of the  enacted
 budget  for  the  two thousand seven--two thousand eight school year and
 entitled "SA0708", thirteen and six tenths percent (0.136); or  (8)  for
 school  districts  designated  as  high  need urban-suburban pursuant to
 clause (c) of subparagraph two of paragraph c of subdivision six of this
 section for the school aid computer listing produced by the commissioner
 in support of the enacted budget for the two thousand  seven--two  thou-
 sand  eight  school  year  and entitled "SA0708", seven hundred nineteen
 thousandths percent (0.00719); or (9)  for  all  other  eligible  school
 districts,  forty-seven  hundredths  percent  (0.0047), provided further

 S. 7506                            13                            A. 9506
 
 that for the two thousand seventeen--two thousand eighteen  school  year
 the  foundation  aid increase phase-in factor shall equal (1) for school
 districts with a census 2000 poverty rate computed pursuant to paragraph
 q of subdivision one of this section equal to or greater than twenty-six
 percent  (0.26),  ten  and  three-tenths  percent  (0.103), or (2) for a
 school district in a city with a population in excess of one million  or
 more,  seventeen  and  seventy-seven one-hundredths percent (0.1777), or
 (3) for a city school district in a city with a population of more  than
 two  hundred  fifty  thousand  but less than one million, as of the most
 recent  decennial  census,  twelve  and  sixty-nine  hundredths  percent
 (0.1269)  or  (4) for a city school district in a city with a population
 of more than one hundred fifty thousand but less than two hundred  thou-
 sand,  as  of the most recent federal decennial census, ten and seventy-
 eight one hundredths percent (0.1078), or (5) for a city school district
 in a city with a population of more than one hundred  twenty-five  thou-
 sand  but  less  than  one  hundred fifty thousand as of the most recent
 federal decennial census, nineteen and one hundred eight one-thousandths
 percent (0.19108), or (6) for a city school district in a  city  with  a
 population  of  more than two hundred thousand but less than two hundred
 fifty thousand as of the most recent federal decennial census,  ten  and
 six-tenths  percent  (0.106),  or  (7) for all other districts, four and
 eighty-seven one-hundredths percent (0.0487), and for the  two  thousand
 [eighteen]  NINETEEN--two  thousand  [nineteen]  TWENTY  school year and
 thereafter the commissioner shall annually determine the phase-in  foun-
 dation  increase factor subject to allocation pursuant to the provisions
 of subdivision eighteen of this section and any provisions of a  chapter
 of the laws of New York as described therein.
   b-1.  Notwithstanding  any other provision of law to the contrary, for
 the two thousand seven--two thousand eight school year  and  thereafter,
 the  additional  amount payable to each school district pursuant to this
 subdivision in the current year as total foundation aid, after deducting
 the total foundation aid base, shall be deemed  a  state  grant  in  aid
 identified  by  the commissioner for general use for purposes of section
 seventeen hundred eighteen of this chapter.
   b-2. Due minimum for the two thousand sixteen--two thousand  seventeen
 school year. Notwithstanding any other provision of law to the contrary,
 for  the  two  thousand  sixteen--two thousand seventeen school year the
 total foundation aid shall not be less than the sum of the total founda-
 tion aid base computed pursuant to paragraph j  of  subdivision  one  of
 this  section  plus  the  due  minimum for the two thousand sixteen--two
 thousand seventeen school year, where such due minimum shall  equal  the
 difference  of  (1)  the product of (A) two percent (0.02) multiplied by
 (B) the difference of total foundation aid for the base  year  less  the
 gap  elimination  adjustment  for the base year, less (2) the sum of (A)
 the difference of the amounts set forth  for  each  school  district  as
 "FOUNDATION  AID"  under  the  heading  "2016-17  ESTIMATED AIDS" in the
 school aid computer listing produced by the commissioner in  support  of
 the  executive budget request for the two thousand sixteen--two thousand
 seventeen school year and entitled "BT161-7" less the amounts set  forth
 for  each school district as "FOUNDATION AID" under the heading "2015-16
 BASE YEAR AIDS" in such computer listing plus (B)  the  gap  elimination
 adjustment for the base year.
   b-3. Due minimum for the two thousand seventeen--two thousand eighteen
 school year. Notwithstanding any other provision of law to the contrary,
 for  the  two  thousand seventeen--two thousand eighteen school year the
 total foundation aid shall not be less than (A) the  sum  of  the  total

 S. 7506                            14                            A. 9506
 
 foundation  aid base computed pursuant to paragraph j of subdivision one
 of this section plus the product of (i) the difference of the amount set
 forth for such school district as "FOUNDATION  AID"  under  the  heading
 "2017-18  ESTIMATED AIDS" in the school aid computer listing produced by
 the commissioner in support of the executive budget request for the  two
 thousand  seventeen--two  thousand  eighteen  school  year  and entitled
 "BT171-8" less the amount set forth for such school district as "FOUNDA-
 TION AID" under the heading "2016-17 BASE YEAR AIDS" in the  school  aid
 computer  listing  produced by the commissioner in support of the execu-
 tive budget request for the two thousand seventeen--two  thousand  eigh-
 teen school year and entitled "BT171-8" multiplied by (ii) one and eigh-
 teen  one-hundredths  (1.18),  or  (B)  the  product  of  forty-four and
 seventy-five one-hundredths percent (0.4475) multiplied by total founda-
 tion aid as computed pursuant to paragraph a of this subdivision, or (C)
 the sum of the total foundation aid base computed pursuant to  paragraph
 j  of  subdivision  one of this section plus the due minimum for the two
 thousand seventeen--two thousand eighteen school year,  where  such  due
 minimum  shall equal (1) for school districts with a census 2000 poverty
 rate computed pursuant  to  paragraph  q  of  subdivision  one  of  this
 section,  equal  to  or  greater  than  eleven  and  nine-tenths percent
 (0.119), the product of the foundation aid base  for  the  two  thousand
 seventeen--two  thousand  eighteen  school  year  computed  pursuant  to
 subparagraph (iii) of paragraph j of subdivision  one  of  this  section
 multiplied by three hundred thirty-five ten-thousandths (0.0335), or (2)
 for  all  other  school districts the product of the foundation aid base
 for the  two  thousand  seventeen--two  thousand  eighteen  school  year
 computed  pursuant  to  subparagraph (iii) of paragraph j of subdivision
 one of this section multiplied by two  and  seventy-four  one-hundredths
 percent (0.0274).
   b-4.  Additional  increase for the two thousand seventeen-two thousand
 eighteen school year. For the two thousand seventeen-two thousand  eigh-
 teen  school  year,  any  school district eligible to receive a phase-in
 foundation increase pursuant to this subdivision shall receive an  addi-
 tional  foundation  increase equal to the sum of tiers A, B, C, and D as
 defined herein.
   (i) Tier A. For all school districts other than a  district  within  a
 city  with  a  population of one million or more, with a combined wealth
 ratio less than two (2.0), where either (A) the quotient arrived  at  by
 dividing  the  English language learner count pursuant to paragraph o of
 subdivision one of this section for the base year by the  public  school
 district  enrollment for the base year pursuant to paragraph n of subdi-
 vision one of this section is greater than two one-hundredths (0.02)  or
 (B)  the  quotient  arrived at by dividing the difference of the English
 language learner count pursuant to paragraph o  of  subdivision  one  of
 this section for the base year less such count for one year prior to the
 base year by the public school district enrollment for one year prior to
 the base year pursuant to paragraph n of subdivision one of this section
 is greater than one one-thousandth (0.001), tier A shall equal the prod-
 uct  of (A) the difference of two minus the combined wealth ratio multi-
 plied by (B) one hundred dollars ($100.00) multiplied by (C) the English
 language learner count for the base year.
   (ii) Tier B. For any school district (A) where the amount set forth as
 "25% LIMIT CAP ON INCREASE" on the computer file produced by the commis-
 sioner in support of the enacted budget for the two thousand  seven--two
 thousand  eight school year and entitled "SA070-8" is less than zero and
 (B) with a combined wealth ratio computed pursuant  to  paragraph  c  of

 S. 7506                            15                            A. 9506
 
 subdivision  three  of this section greater than one (1.0), tier B shall
 equal the product of (A) the sum of (1) the difference of total  founda-
 tion  aid  less  the  foundation aid base plus (2) the difference of the
 amount  set forth for such school district as "FOUNDATION AID" under the
 heading "2017-18 ESTIMATED AIDS" in  the  school  aid  computer  listing
 produced  by the commissioner in support of the executive budget request
 and entitled "BT1718" less the foundation aid base multiplied by (B) ten
 and two-tenths percent (0.102).
   (iii) Tier C. For all school districts with a  combined  wealth  ratio
 for total foundation aid computed pursuant to paragraph c of subdivision
 three  of  this section less than one (1.0), tier C shall be the greater
 of (A) for districts that were designated as small city school districts
 or central school districts whose boundaries  include  a  portion  of  a
 small  city  for the school aid computer listing produced by the commis-
 sioner in support of the enacted budget for the two thousand  fourteen--
 two  thousand  fifteen school year and entitled "SA1415", the product of
 the public school district enrollment for  the  base  year  pursuant  to
 paragraph n of subdivision one of this section multiplied by one hundred
 sixty-seven  dollars  and  forty  cents  ($167.40)  or  (B)  for  school
 districts with a sparsity factor as set forth on  the  computer  listing
 produced  by  the  commissioner in support of the enacted budget for the
 two thousand seventeen--two thousand eighteen school year  and  entitled
 "SA171-8"  of  greater  than  zero,  the  product  of  the public school
 district enrollment for the base year multiplied by one hundred  eighty-
 eight dollars ($188.00).
   (iv)  Tier  D. For all school districts, other than districts within a
 city with a population of one hundred twenty-five thousand or more, with
 a selected poverty rate of greater than eighteen hundredths (0.18), tier
 D shall equal the product of the selected poverty rate multiplied by the
 school district public enrollment for the base year  multiplied  by  two
 hundred  forty  dollars ($240.00), provided, however, that for districts
 within a city with a population of greater than one hundred  twenty-five
 thousand but less than one million and a selected poverty rate of great-
 er  than  eighteen  hundredths (0.18), tier D shall equal the product of
 the selected poverty rate multiplied by school district  public  enroll-
 ment  for  the  base year multiplied by three hundred forty-four dollars
 ($344.00), and for a city school district in a city with a population of
 one million or more, tier D shall equal  the  product  of  the  selected
 poverty  rate  multiplied  by  school district public enrollment for the
 base year multiplied by twenty-nine cents ($0.29).
   c. Public excess cost aid setaside. Each  school  district  shall  set
 aside from its total foundation aid computed for the current year pursu-
 ant  to  this  subdivision  an  amount  equal to the product of: (i) the
 difference between the  amount  the  school  district  was  eligible  to
 receive in the two thousand six--two thousand seven school year pursuant
 to  or  in lieu of paragraph six of subdivision nineteen of this section
 as such paragraph existed on June thirtieth, two thousand  seven,  minus
 the  amount such district was eligible to receive pursuant to or in lieu
 of paragraph five of subdivision nineteen of this section as such  para-
 graph  existed  on  June  thirtieth,  two thousand seven, in such school
 year, and (ii) the sum of one and the percentage increase in the consum-
 er price index for the current year over such consumer price  index  for
 the two thousand six--two thousand seven school year, as computed pursu-
 ant  to section two thousand twenty-two of this chapter. Notwithstanding
 any other provision of law to the contrary, the public excess  cost  aid

 S. 7506                            16                            A. 9506
 
 setaside  shall be paid pursuant to section thirty-six hundred nine-b of
 this part.
   d.  For  the  two  thousand fourteen--two thousand fifteen through two
 thousand [seventeen] EIGHTEEN--two thousand [eighteen]  NINETEEN  school
 years  a  city  school  district  of  a  city having a population of one
 million or more may use amounts apportioned pursuant to this subdivision
 for afterschool programs.
   e. Community schools aid set-aside. Each  school  district  shall  set
 aside from its total foundation aid computed for the current year pursu-
 ant to this subdivision an amount equal to the sum of (i) the amount, if
 any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the
 data  file produced by the commissioner in support of the enacted budget
 for the two thousand sixteen--two thousand  seventeen  school  year  and
 entitled  "SA161-7"  [and],  (ii) the amount, if any, set forth for such
 district as "COMMUNITY SCHL INCR" in  the  data  file  produced  by  the
 commissioner  in  support  of  the  executive budget request for the two
 thousand seventeen--two  thousand  eighteen  school  year  and  entitled
 "BT171-8",  AND (III) THE AMOUNT, IF ANY, SET FORTH FOR SUCH DISTRICT AS
 "COMMUNITY SCHOOLS INCREASE" IN THE DATA FILE PRODUCED  BY  THE  COMMIS-
 SIONER  IN  SUPPORT  OF  THE EXECUTIVE BUDGET FOR THE TWO THOUSAND EIGH-
 TEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND ENTITLED  "BT181-9".    Each
 school  district  shall use such "COMMUNITY SCHL AID (BT1617)" amount to
 support the transformation of school buildings into  community  hubs  to
 deliver  co-located  or  school-linked  academic, health, mental health,
 nutrition, counseling, legal and/or other services to students and their
 families, including but not limited to providing a community school site
 coordinator, or to support other costs incurred  to  maximize  students'
 academic  achievement.  Each  school  district shall use such "COMMUNITY
 SCHL INCR" amount to support the transformation of school buildings into
 community hubs to deliver co-located or school linked academic,  health,
 mental  health  services  and  personnel, after-school programming, dual
 language programs, nutrition, counseling, legal and/or other services to
 students and their families, including but not limited  to  providing  a
 community  school  site  coordinator  and  programs for English language
 learners, or to support  other  costs  incurred  to  maximize  students'
 academic  achievement,  provided  however  that  a school district whose
 "COMMUNITY SCHL INCR" amount exceeds one  million  dollars  ($1,000,000)
 shall  use  an amount equal to the greater of one hundred fifty thousand
 dollars ($150,000) or ten percent of such "COMMUNITY SCHL  INCR"  amount
 to support such transformation at schools with extraordinary high levels
 of  student  need  as  identified  by  the  commissioner, subject to the
 approval of the director of the budget.  EACH SCHOOL DISTRICT SHALL  USE
 SUCH  "COMMUNITY  SCHOOLS  INCREASE"  IN  THE  DATA FILE PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  FOR  THE  TWO  THOUSAND
 EIGHTEEN--TWO  THOUSAND  NINETEEN  SCHOOL YEAR AND ENTITLED "BT181-9" TO
 SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS INTO  COMMUNITY  HUBS  TO
 DELIVER  CO-LOCATED  OR  SCHOOL  LINKED  ACADEMIC, HEALTH, MENTAL HEALTH
 SERVICES  AND  PERSONNEL,  AFTER-SCHOOL   PROGRAMMING,   DUAL   LANGUAGE
 PROGRAMS, NUTRITION, COUNSELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS
 AND  THEIR  FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A COMMUNITY
 SCHOOL SITE COORDINATOR AND PROGRAMS FOR ENGLISH LANGUAGE LEARNERS.
   F. FOUNDATION AID PAYABLE IN THE TWO THOUSAND  EIGHTEEN--TWO  THOUSAND
 NINETEEN  SCHOOL  YEAR.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE
 CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--TWO THOU-
 SAND NINETEEN SCHOOL YEAR SHALL EQUAL THE SUM OF THE FOUNDATION AID BASE

 S. 7506                            17                            A. 9506
 
 PLUS THE BASE INCREASE PLUS THE COMMUNITY SCHOOLS INCREASE,  AS  DEFINED
 IN THIS PARAGRAPH.
   (I)  BASE  INCREASE. THE BASE INCREASE FOR THE TWO THOUSAND EIGHTEEN--
 TWO THOUSAND NINETEEN SCHOOL YEAR SHALL EQUAL THE GREATER OF TIERS A, B,
 OR C.
   (A) TIER A. TIER A SHALL EQUAL THE PRODUCT OF THE PHASE-IN FACTOR  AND
 THE  POSITIVE DIFFERENCE, IF ANY, OF TOTAL FOUNDATION AID LESS THE FOUN-
 DATION AID BASE. THE PHASE-IN FACTOR SHALL  EQUAL,  FOR  A  CITY  SCHOOL
 DISTRICT  IN  A  CITY  HAVING  A POPULATION OF ONE MILLION OR MORE, NINE
 THOUSAND NINE HUNDRED FIVE HUNDRED THOUSANDTHS (0.09905),  AND  FOR  ALL
 OTHER  DISTRICTS, THE PRODUCT OF THREE HUNDRED FIFTY-SIX TEN THOUSANDTHS
 (0.0356) MULTIPLIED BY A CWR SLIDING SCALE, WHERE THE CWR SLIDING  SCALE
 SHALL  BE  EQUAL  TO  THE  POSITIVE  DIFFERENCE,  IF ANY, OF ONE AND SIX
 HUNDRED SIXTEEN THOUSANDTHS (1.616) LESS THE PRODUCT OF (A) ONE AND  ONE
 THOUSAND  TWENTY-FIVE  TEN  THOUSANDTHS  (1.1025)  MULTIPLIED BY (B) THE
 COMBINED WEALTH RATIO FOR TOTAL  FOUNDATION  AID  COMPUTED  PURSUANT  TO
 PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION MULTIPLIED AGAIN BY (C)
 THE  COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO
 PARAGRAPH C OF SUBDIVISION THREE OF THIS  SECTION,  PROVIDED  THAT  SUCH
 RATIO SHALL BE NO MORE THAN ONE.
   (B) TIER B. FOR DISTRICTS WITH A COMBINED WEALTH RATIO FOR TOTAL FOUN-
 DATION AID COMPUTED PURSUANT TO PARAGRAPH C OF SUBDIVISION THREE OF THIS
 SECTION  LESS  THAN  ONE  (1.0), TIER B SHALL BE EQUAL TO THE PRODUCT OF
 DISTRICT PUBLIC ENROLLMENT FOR THE BASE YEAR PURSUANT TO PARAGRAPH N  OF
 SUBDIVISION  ONE  OF  THIS  SECTION  MULTIPLIED BY THE SUM OF (I) THE EN
 PERCENT BASE INCREASE, (II) THE EN PERCENT SPARSITY INCREASE, (III)  THE
 EN  PERCENT  GROWTH  INCREASE, AND (IV) THE SCALED PER PUPIL AMOUNT. FOR
 PURPOSES OF THIS SUBPARAGRAPH, THE EXTRAORDINARY NEEDS  INDEX  SHALL  BE
 EQUAL TO A DISTRICT'S EXTRAORDINARY NEEDS PERCENT CALCULATED PURSUANT TO
 PARAGRAPH  W  OF SUBDIVISION ONE OF THIS SECTION DIVIDED BY FIVE HUNDRED
 FIFTY-SEVEN THOUSANDTHS (0.557).
   (I) EN PERCENT  BASE  INCREASE.  FOR  ALL  SCHOOL  DISTRICTS  WITH  AN
 EXTRAORDINARY NEEDS PERCENT CALCULATED PURSUANT TO PARAGRAPH W OF SUBDI-
 VISION  ONE  OF THIS SECTION GREATER THAN TWENTY-FIVE HUNDREDTHS (0.25),
 THE EN PERCENT BASE INCREASE SHALL  BE  EQUAL  TO  THE  PRODUCT  OF  THE
 EXTRAORDINARY  NEEDS  INDEX  MULTIPLIED  BY THIRTY-TWO DOLLARS AND FIFTY
 CENTS ($32.50).
   (II) EN PERCENT SPARSITY INCREASE. FOR ALL SCHOOL DISTRICTS WITH AN EN
 PERCENT BASE INCREASE GREATER THAN  ZERO  AND  WITH  A  SPARSITY  FACTOR
 PURSUANT  TO PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION GREATER THAN
 ZERO, THE EN PERCENT SPARSITY INCREASE SHALL BE EQUAL TO THE PRODUCT  OF
 THE  EXTRAORDINARY  NEEDS INDEX MULTIPLIED BY NINE DOLLARS AND FORTY-TWO
 CENTS ($9.42).
   (III) EN PERCENT GROWTH INCREASE. FOR ALL SCHOOL DISTRICTS WITH AN  EN
 PERCENT  BASE  INCREASE  GREATER  THAN  ZERO AND WHERE THE EXTRAORDINARY
 NEEDS PERCENT CALCULATED FOR THE  TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND
 NINETEEN  SCHOOL  YEAR  IS MORE THAN THREE HUNDRED TWENTY-FIVE TEN THOU-
 SANDTHS (0.0325) GREATER THAN THE EXTRAORDINARY NEEDS PERCENT CALCULATED
 FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, THE EN
 PERCENT GROWTH INCREASE SHALL BE EQUAL TO THE PRODUCT  OF  THE  EXTRAOR-
 DINARY NEEDS INDEX MULTIPLIED BY THIRTY DOLLARS ($30.00).
   (IV)  SCALED PER PUPIL AMOUNT. THE SCALED PER PUPIL AMOUNT SHALL EQUAL
 FOR ALL SCHOOL DISTRICTS WITH A COMBINED WEALTH RATIO FOR TOTAL  FOUNDA-
 TION  AID  COMPUTED PURSUANT TO PARAGRAPH C OF SUBDIVISION THREE OF THIS
 SECTION LESS THAN ONE (1.0), THE PRODUCT OF SIXTY-NINE DOLLARS  ($69.00)
 MULTIPLIED  BY  THE  POSITIVE DIFFERENCE, IF ANY, OF ONE AND SIX HUNDRED

 S. 7506                            18                            A. 9506
 
 SIXTEEN THOUSANDTHS (1.616) LESS THE PRODUCT OF (A) ONE AND ONE THOUSAND
 TWENTY-FIVE TEN THOUSANDTHS (1.1025)  MULTIPLIED  BY  (B)  THE  COMBINED
 WEALTH  RATIO  FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH C
 OF  SUBDIVISION  THREE  OF  THIS  SECTION  MULTIPLIED  AGAIN  BY (C) THE
 COMBINED WEALTH RATIO FOR TOTAL  FOUNDATION  AID  COMPUTED  PURSUANT  TO
 PARAGRAPH  C  OF  SUBDIVISION  THREE OF THIS SECTION, PROVIDED THAT SUCH
 RATIO SHALL BE NO MORE THAN ONE.
   (C) TIER C. FOR ALL SCHOOL DISTRICTS, TIER C SHALL  BE  EQUAL  TO  THE
 PRODUCT  OF TWENTY-FIVE TEN THOUSANDTHS (0.0025) MULTIPLIED BY THE FOUN-
 DATION AID BASE.
   (II) COMMUNITY SCHOOLS INCREASE. THE COMMUNITY  SCHOOLS  INCREASE  FOR
 THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR SHALL EQUAL
 THE  GREATER  OF THE COMMUNITY SCHOOLS FORMULA INCREASE OR THE COMMUNITY
 SCHOOLS LEVEL-UP INCREASE.
   (A) COMMUNITY  SCHOOLS  FORMULA  INCREASE.  FOR  ALL  ELIGIBLE  SCHOOL
 DISTRICTS,  THE COMMUNITY SCHOOLS FORMULA INCREASE SHALL EQUAL THE PROD-
 UCT OF (1) THE DIFFERENCE OF ONE (1.0) LESS THE  PRODUCT  OF  SIXTY-FOUR
 HUNDREDTHS  (0.64)  MULTIPLIED  BY  THE  COMBINED WEALTH RATIO FOR TOTAL
 FOUNDATION AID, PROVIDED THAT SUCH RATIO SHALL  BE  NO  MORE  THAN  NINE
 TENTHS  (0.9) NOR LESS THAN ZERO, MULTIPLIED BY (2) EIGHTY-THREE DOLLARS
 AND SEVENTEEN CENTS ($83.17), MULTIPLIED BY (3) SCHOOL  DISTRICT  PUBLIC
 ENROLLMENT  FOR THE BASE YEAR PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE
 OF THIS SECTION, PROVIDED THAT THE COMMUNITY  SCHOOLS  FORMULA  INCREASE
 SHALL  NOT  BE LESS THAN SEVENTY-FIVE THOUSAND DOLLARS ($75,000) FOR ANY
 ELIGIBLE DISTRICTS.
   (B) A SCHOOL DISTRICT SHALL BE  ELIGIBLE  FOR  THE  COMMUNITY  SCHOOLS
 FORMULA  INCREASE  IF IT IS (I) A SCHOOL DISTRICT THAT CONTAINS AT LEAST
 ONE SCHOOL DESIGNATED AS FAILING OR PERSISTENTLY FAILING BY THE  COMMIS-
 SIONER  PURSUANT  TO PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF SECTION
 TWO HUNDRED ELEVEN-F OF THIS CHAPTER AS OF JANUARY FIRST,  TWO  THOUSAND
 EIGHTEEN  OR (II) A SCHOOL DISTRICT (1) THAT HAS A COMBINED WEALTH RATIO
 FOR TOTAL FOUNDATION AID LESS THAN ONE (1.0), AND (2) WHERE THE POSITIVE
 DIFFERENCE, IF ANY, OF THE ENGLISH LANGUAGE LEARNER  COUNT  PURSUANT  TO
 PARAGRAPH  O OF SUBDIVISION ONE OF THIS SECTION LESS THE AMOUNT EQUAL TO
 "2012-13 ENGLISH LANG. LEARNERS" IN THE COMPUTER LISTING PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  FOR  THE  TWO
 THOUSAND  EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR ENTITLED "BT181-9"
 IS GREATER THAN BOTH (A) ONE HUNDRED PUPILS AND (B) THE PRODUCT OF  ONE-
 TENTH  (0.10)  MULTIPLIED  BY THE AMOUNT EQUAL TO "2012-13 ENGLISH LANG.
 LEARNERS" IN THE  COMPUTER  LISTING  PRODUCED  BY  THE  COMMISSIONER  IN
 SUPPORT  OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND EIGHTEEN--
 TWO THOUSAND NINETEEN SCHOOL YEAR AND ENTITLED "BT181-9", AND (3)  WHERE
 THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER COUNT
 BY  THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT
 TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE  OF  THIS  SECTION
 EXCEEDS  FIVE  PERCENT  (0.05); OR (III) A SCHOOL DISTRICT WHERE (1) THE
 QUOTIENT ARRIVED AT WHEN DIVIDING THE AMOUNT EQUAL TO "2016-17  HOMELESS
 PUPILS"  IN THE COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT
 OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND EIGHTEEN--TWO THOU-
 SAND NINETEEN SCHOOL YEAR ENTITLED "BT181-9"  BY  THE  AMOUNT  EQUAL  TO
 "2012-13  HOMELESS  PUPILS"  IN  THE  COMPUTER  LISTING  PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  FOR  THE  TWO
 THOUSAND  EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR ENTITLED "BT181-9"
 IS GREATER THAN ONE AND FOUR TENTHS (1.4), AND (2) THE QUOTIENT  ARRIVED
 AT  WHEN  DIVIDING  THE AMOUNT EQUAL TO "2016-17 HOMELESS PUPILS" IN THE
 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECU-

 S. 7506                            19                            A. 9506
 
 TIVE BUDGET REQUEST FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
 SCHOOL  YEAR  ENTITLED "BT181-9" BY PUBLIC SCHOOL DISTRICT ENROLLMENT AS
 COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION  ONE
 OF  THIS  SECTION,  FOR THE YEAR PRIOR TO THE BASE YEAR, IS GREATER THAN
 FIVE HUNDREDTHS (0.05), AND (3) WHERE THE AMOUNT EQUAL TO "2016-17 HOME-
 LESS PUPILS" IN THE COMPUTER LISTING PRODUCED  BY  THE  COMMISSIONER  IN
 SUPPORT  OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND EIGHTEEN--
 TWO THOUSAND NINETEEN SCHOOL YEAR ENTITLED "BT181-9" IS GREATER THAN ONE
 HUNDRED PUPILS.
   (B) COMMUNITY SCHOOLS LEVEL-UP INCREASE. FOR ALL SCHOOL DISTRICTS WITH
 A COMMUNITY SCHOOLS AID SET-ASIDE AMOUNT PURSUANT TO PARAGRAPH E OF THIS
 SUBDIVISION GREATER THAN ZERO, THE COMMUNITY SCHOOLS  LEVEL-UP  INCREASE
 SHALL  BE  EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) SEVENTY-FIVE
 THOUSAND DOLLARS LESS (2) THE COMMUNITY SCHOOLS AID SET-ASIDE AMOUNT FOR
 THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL  YEAR  PURSUANT
 TO PARAGRAPH E OF THIS SUBDIVISION.
   §  9-b.  Subdivision 6 of section 3602 of the education law is amended
 by adding a new paragraph k to read as follows:
   K. (1) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,  FOR  APPOR-
 TIONMENTS  PROVIDED  IN  THE  TWO  THOUSAND NINETEEN-TWO THOUSAND TWENTY
 SCHOOL YEAR AND THEREAFTER, ALL APPORTIONMENTS OTHERWISE PAYABLE  PURSU-
 ANT  TO  THIS  SUBDIVISION SHALL BE FURTHER MULTIPLIED BY THE EFFICIENCY
 FACTOR AS DEFINED PURSUANT TO THIS PARAGRAPH,  PROVIDED,  HOWEVER,  THAT
 APPORTIONMENTS  FOR PROJECTS FOR A CITY SCHOOL DISTRICT IN A CITY HAVING
 A POPULATION OF ONE MILLION OR MORE APPROVED BY THE  COMMISSIONER  PRIOR
 TO  JULY FIRST, TWO THOUSAND EIGHTEEN SHALL NOT BE SUBJECT TO SUCH EFFI-
 CIENCY FACTOR.
   (2) EFFICIENCY FACTOR CALCULATION. AT  THE  TIME  OF  EACH  DATA  FILE
 UPDATE  PURSUANT  TO  PARAGRAPH  B  OF SUBDIVISION TWENTY-ONE OF SECTION
 THREE HUNDRED FIVE OF THIS CHAPTER, BEGINNING IN THE TWO THOUSAND  NINE-
 TEEN-TWO  THOUSAND TWENTY SCHOOL YEAR, THE COMMISSIONER SHALL COMPUTE AN
 EFFICIENCY FACTOR EQUAL TO THE QUOTIENT ARRIVED AT WHEN DIVIDING (I) THE
 STATEWIDE SUM OF ALL SUCH APPORTIONMENTS FOR THE BASE YEAR  PURSUANT  TO
 THIS SUBDIVISION MULTIPLIED BY ONE AND TWO ONE-HUNDREDTHS (1.02) BY (II)
 THE  STATEWIDE  SUM OF ALL SUCH APPORTIONMENTS OTHERWISE PAYABLE FOR THE
 CURRENT YEAR PURSUANT TO THIS SUBDIVISION, PROVIDED, HOWEVER, THAT  SUCH
 EFFICIENCY  FACTOR SHALL NOT BE MORE THAN ONE, AND SHALL BE DEEMED FINAL
 AND NOT SUBJECT TO CHANGE AS OF THE UPDATE PRODUCED BY THE  COMMISSIONER
 PURSUANT TO SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS
 CHAPTER  ON  NOVEMBER FIFTEENTH OF THE SCHOOL YEAR IMMEDIATELY FOLLOWING
 THE CLOSE OF SUCH BASE YEAR.
   § 9-c. Section 1950 of the education law is amended by  adding  a  new
 subdivision 20 to read as follows:
   20.  AID  PAYABLE  IN  THE  TWO  THOUSAND NINETEEN-TWO THOUSAND TWENTY
 SCHOOL YEAR AND THEREAFTER. NOTWITHSTANDING ANY  INCONSISTENT  PROVISION
 OF  LAW,  BEGINNING  IN  THE  TWO  THOUSAND NINETEEN-TWO THOUSAND TWENTY
 SCHOOL YEAR, A SCHOOL DISTRICT'S APPORTIONMENT PURSUANT TO THIS  SECTION
 SHALL NOT EXCEED THE PRODUCT OF THE APPORTIONMENT CALCULATED PURSUANT TO
 THIS SECTION FOR THE BASE YEAR, AS OF THE UPDATE PRODUCED BY THE COMMIS-
 SIONER  PURSUANT TO SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE
 OF THIS CHAPTER ON NOVEMBER FIFTEENTH OF  THE  SCHOOL  YEAR  IMMEDIATELY
 FOLLOWING  THE  CLOSE  OF SUCH BASE YEAR, MULTIPLIED BY ONE AND TWO ONE-
 HUNDREDTHS (1.02).
   § 9-d. Subdivision 7 of section 3602 of the education law  is  amended
 by adding a new paragraph f to read as follows:

 S. 7506                            20                            A. 9506
 
   F. AID PAYABLE IN THE TWO THOUSAND NINETEEN-TWO THOUSAND TWENTY SCHOOL
 YEAR  AND THEREAFTER. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,
 BEGINNING IN THE TWO THOUSAND NINETEEN-TWO THOUSAND TWENTY SCHOOL  YEAR,
 A SCHOOL DISTRICT'S APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL NOT
 EXCEED  THE  PRODUCT  OF  THE  APPORTIONMENT CALCULATED PURSUANT TO THIS
 SUBDIVISION FOR THE BASE YEAR, AS OF THE UPDATE PRODUCED BY THE  COMMIS-
 SIONER  PURSUANT TO SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE
 OF THIS CHAPTER ON NOVEMBER FIFTEENTH OF  THE  SCHOOL  YEAR  IMMEDIATELY
 FOLLOWING  THE  CLOSE  OF SUCH BASE YEAR, MULTIPLIED BY ONE AND TWO ONE-
 HUNDREDTHS (1.02).
   § 10. The closing paragraph of subdivision 5-a of section 3602 of  the
 education law, as amended by section 22 of part YYY of chapter 59 of the
 laws of 2017, is amended to read as follows:
   For the two thousand eight--two thousand nine school year, each school
 district  shall  be entitled to an apportionment equal to the product of
 fifteen percent and the additional apportionment  computed  pursuant  to
 this  subdivision  for the two thousand seven--two thousand eight school
 year. For the two thousand nine--two thousand ten through  two  thousand
 [seventeen]  EIGHTEEN--two  thousand  [eighteen]  NINETEEN school years,
 each school district shall be entitled to an apportionment equal to  the
 amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
 COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
 computer  listing  produced by the commissioner in support of the budget
 for the two thousand nine--two thousand ten  school  year  and  entitled
 "SA0910".
   §  11. Paragraph b of subdivision 6-c of section 3602 of the education
 law, as amended by section 23 of part YYY of chapter 59 of the  laws  of
 2017, is amended to read as follows:
   b.  For  projects  approved  by the commissioner authorized to receive
 additional building aid pursuant to this subdivision for the purchase of
 stationary metal detectors, security cameras or other  security  devices
 approved  by  the  commissioner that increase the safety of students and
 school personnel, provided that for  purposes  of  this  paragraph  such
 other  security  devices shall be limited to electronic security systems
 and hardened doors, and provided  that  for  projects  approved  by  the
 commissioner on or after the first day of July two thousand thirteen and
 before the first day of July two thousand [eighteen] NINETEEN such addi-
 tional  aid  shall  equal  the  product  of  (i)  the building aid ratio
 computed for use in the current year pursuant to paragraph c of subdivi-
 sion six of this section plus ten percentage points, except that  in  no
 case  shall  this amount exceed one hundred percent, and (ii) the actual
 approved expenditures incurred in the base year pursuant to this  subdi-
 vision,  provided  that the limitations on cost allowances prescribed by
 paragraph a of subdivision six of this  section  shall  not  apply,  and
 provided  further  that  any projects aided under this paragraph must be
 included in a district's school  safety  plan.  The  commissioner  shall
 annually  prescribe  a  special  cost allowance for metal detectors, and
 security cameras, and the approved expenditures shall  not  exceed  such
 cost allowance.
   § 12. Subdivision 9 of section 3602 of the education law is amended by
 adding a new paragraph c to read as follows:
   C.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
 SCHOOL DISTRICTS RECEIVING AN APPORTIONMENT PURSUANT TO PARAGRAPH  A  OF
 THIS  SUBDIVISION  IN  THE  TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
 SCHOOL YEAR SHALL BE ELIGIBLE FOR AN APPORTIONMENT IN THE  TWO  THOUSAND
 NINETEEN--TWO  THOUSAND TWENTY SCHOOL YEAR EQUAL TO THE PRODUCT OF FIFTY

 S. 7506                            21                            A. 9506
 
 PERCENT MULTIPLIED BY THE AID RECEIVED BY THE DISTRICT PURSUANT TO PARA-
 GRAPH A OF THIS SUBDIVISION IN THE TWO THOUSAND  EIGHTEEN--TWO  THOUSAND
 NINETEEN SCHOOL YEAR.
   §  13. Subdivision 12 of section 3602 of the education law, as amended
 by section 3 of part A of chapter 56 of the laws  of  2015,  the  fourth
 undesignated  paragraph as added by section 3 of part A of chapter 54 of
 the laws of 2016, the closing paragraph as added by section 24  of  part
 YYY of chapter 59 of the laws of 2017, is amended to read as follows:
   12. Academic enhancement aid. A school district that as of April first
 of  the base year has been continuously identified as a district in need
 of improvement for at least five  years  shall,  for  the  two  thousand
 eight--two  thousand  nine  school  year,  be  entitled to an additional
 apportionment equal to the positive remainder, if any, of (a) the lesser
 of fifteen million dollars or the product of the  total  foundation  aid
 base,  as  defined  by  paragraph  j of subdivision one of this section,
 multiplied by ten percent (0.10), less (b) the positive remainder of (i)
 the sum of the total foundation aid apportioned pursuant to  subdivision
 four of this section and the supplemental educational improvement grants
 apportioned  pursuant to subdivision eight of section thirty-six hundred
 forty-one of this article, less (ii) the total foundation aid base.
   For the two thousand nine--two thousand ten through two thousand four-
 teen--two thousand fifteen school years, each school district  shall  be
 entitled  to  an  apportionment  equal  to the amount set forth for such
 school district as "EDUCATION GRANTS, ACADEMIC  EN"  under  the  heading
 "2008-09  BASE YEAR AIDS" in the school aid computer listing produced by
 the commissioner in support of the budget for the two thousand nine--two
 thousand ten school year and entitled "SA0910", and  such  apportionment
 shall be deemed to satisfy the state obligation to provide an apportion-
 ment  pursuant to subdivision eight of section thirty-six hundred forty-
 one of this article.
   For the two thousand fifteen--two thousand sixteen year,  each  school
 district  shall  be entitled to an apportionment equal to the amount set
 forth for such school district as "ACADEMIC ENHANCEMENT" under the head-
 ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
 by the commissioner in support of the budget for the two thousand  four-
 teen--two  thousand fifteen school year and entitled "SA141-5", and such
 apportionment shall be deemed to satisfy the state obligation to provide
 an apportionment pursuant to subdivision  eight  of  section  thirty-six
 hundred forty-one of this article.
   For the two thousand sixteen--two thousand seventeen school year, each
 school  district  shall  be  entitled  to  an apportionment equal to the
 amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
 under  the  heading  "2015-16 ESTIMATED AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  fifteen--two  thousand  sixteen  school year and entitled
 "SA151-6", and such apportionment shall be deemed to satisfy  the  state
 obligation  to provide an apportionment pursuant to subdivision eight of
 section thirty-six hundred forty-one of this article.
   For the two thousand seventeen--two  thousand  eighteen  school  year,
 each  school district shall be entitled to an apportionment equal to the
 amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
 under  the  heading  "2016-17 ESTIMATED AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  sixteen--two  thousand seventeen school year and entitled
 "SA161-7", and such apportionment shall be deemed to satisfy  the  state

 S. 7506                            22                            A. 9506
 
 obligation  to provide an apportionment pursuant to subdivision eight of
 section thirty-six hundred forty-one of this article.
   FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, EACH
 SCHOOL  DISTRICT  SHALL  BE  ENTITLED  TO  AN APPORTIONMENT EQUAL TO THE
 AMOUNT SET FORTH FOR SUCH  SCHOOL  DISTRICT  AS  "ACADEMIC  ENHANCEMENT"
 UNDER  THE  HEADING  "2017-18 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  BUDGET  FOR  THE
 TWO  THOUSAND  SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED
 "SA171-8", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY  THE  STATE
 OBLIGATION  TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF
 SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE.
   § 14. The opening paragraph of subdivision 16 of section 3602  of  the
 education law, as amended by section 25 of part YYY of chapter 59 of the
 laws of 2017, is amended to read as follows:
   Each  school  district  shall  be  eligible  to receive a high tax aid
 apportionment in the two thousand eight--two thousand nine school  year,
 which  shall equal the greater of (i) the sum of the tier 1 high tax aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax aid apportionment or (ii) the product of the apportionment  received
 by  the school district pursuant to this subdivision in the two thousand
 seven--two thousand eight school year,  multiplied  by  the  due-minimum
 factor,  which shall equal, for districts with an alternate pupil wealth
 ratio computed pursuant to paragraph b  of  subdivision  three  of  this
 section that is less than two, seventy percent (0.70), and for all other
 districts,  fifty percent (0.50). Each school district shall be eligible
 to receive a high tax aid apportionment in the  two  thousand  nine--two
 thousand  ten  through two thousand twelve--two thousand thirteen school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand nine--two thousand ten school year and  entitled  "SA0910".
 Each  school district shall be eligible to receive a high tax aid appor-
 tionment in the two thousand thirteen--two thousand fourteen through two
 thousand [seventeen] EIGHTEEN--two thousand [eighteen]  NINETEEN  school
 years  equal  to the greater of (1) the amount set forth for such school
 district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
 the school aid computer listing produced by the commissioner in  support
 of  the  budget  for the two thousand nine--two thousand ten school year
 and entitled "SA0910" or (2)  the  amount  set  forth  for  such  school
 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
 the  school aid computer listing produced by the commissioner in support
 of the executive  budget  for  the  2013-14  fiscal  year  and  entitled
 "BT131-4".
   § 15. The opening paragraph of subdivision 10 of section 3602-e of the
 education law, as amended by section 26 of part YYY of chapter 59 of the
 laws of 2017, is amended to read as follows:
   Notwithstanding  any  provision  of  law  to the contrary, (i) for aid
 payable in the two thousand eight--two thousand nine  school  year,  the
 grant to each eligible school district for universal prekindergarten aid
 shall  be  computed  pursuant  to this subdivision, and (ii) for the two
 thousand nine--two thousand ten and two thousand ten--two thousand elev-
 en school years, each school district shall be eligible  for  a  maximum
 grant equal to the amount computed for such school district for the base
 year in the electronic data file produced by the commissioner in support
 of  the  two thousand nine--two thousand ten education, labor and family
 assistance budget, provided, however, that in the  case  of  a  district

 S. 7506                            23                            A. 9506
 
 implementing  programs  for  the  first  time  or implementing expansion
 programs in the two thousand eight--two thousand nine school year  where
 such  programs  operate  for  a minimum of ninety days in any one school
 year  as  provided  in section 151-1.4 of the regulations of the commis-
 sioner, for the two thousand nine--two thousand  ten  and  two  thousand
 ten--two  thousand  eleven  school  years, such school district shall be
 eligible for a maximum grant equal to the amount  computed  pursuant  to
 paragraph  a  of  subdivision  nine  of this section in the two thousand
 eight--two thousand nine school year, and (iii)  for  the  two  thousand
 eleven--two  thousand  twelve  school year each school district shall be
 eligible for a maximum grant equal to the  amount  set  forth  for  such
 school  district as "UNIVERSAL PREKINDERGARTEN" under the heading "2011-
 12 ESTIMATED AIDS" in the school aid computer listing  produced  by  the
 commissioner  in  support  of  the enacted budget for the 2011-12 school
 year and entitled "SA111-2", and (iv) for two thousand twelve--two thou-
 sand thirteen  through  two  thousand  sixteen--two  thousand  seventeen
 school  years each school district shall be eligible for a maximum grant
 equal to the greater of  (A)  the  amount  set  forth  for  such  school
 district  as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE
 YEAR AIDS" in the school aid computer listing produced  by  the  commis-
 sioner  in support of the enacted budget for the 2011-12 school year and
 entitled "SA111-2", or (B) the amount set forth for such school district
 as "UNIVERSAL PREKINDERGARTEN" under  the  heading  "2010-11  BASE  YEAR
 AIDS" in the school aid computer listing produced by the commissioner on
 May  fifteenth,  two thousand eleven pursuant to paragraph b of subdivi-
 sion twenty-one of section three hundred five of this chapter,  and  (v)
 for  the  two thousand seventeen--two thousand eighteen AND TWO THOUSAND
 EIGHTEEN--TWO  THOUSAND  NINETEEN  school  [year]  YEARS,  each   school
 district shall be eligible to receive a grant amount equal to the sum of
 (A)  the amount set forth for such school district as "UNIVERSAL PREKIN-
 DERGARTEN" under the heading "2016-17 ESTIMATED AIDS" in the school  aid
 computer  listing produced by the commissioner in support of the enacted
 budget for the two thousand sixteen--two thousand seventeen school  year
 and  entitled  "SA161-7"  plus  (B)  the  amount  awarded to such school
 district for the priority full-day prekindergarten and expanded half-day
 prekindergarten grant program for high need students for the  two  thou-
 sand  sixteen--two  thousand  seventeen  school year pursuant to chapter
 fifty-three of the laws of two thousand thirteen, and (vi) for  the  two
 thousand  [eighteen]  NINETEEN--two  thousand  [nineteen]  TWENTY school
 year, each school district shall be eligible to receive a  grant  amount
 equal to the sum of (A) the amount set forth for such school district as
 "UNIVERSAL  PREKINDERGARTEN" in the school aid computer listing produced
 by the commissioner in support of the enacted budget for the  two  thou-
 sand  [seventeen] EIGHTEEN--two thousand [eighteen] NINETEEN school year
 plus (B) the amount awarded to such  school  district  for  the  federal
 preschool  development  expansion grant for the two thousand seventeen--
 two thousand eighteen school year pursuant to the American Recovery  and
 Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 14013, Title
 XIV, (Public Law 112-10), as amended by section 1832(b) of Division B of
 the  Department  of Defense and Full-Year Continuing Appropriations Act,
 2011 (Pub. L. 112-10), and the Department  of  Education  Appropriations
 Act,  2012  (Title  III  Division  F of Pub. L. 112-74, the Consolidated
 Appropriations Act, 2012)[, and (vii) for the two thousand nineteen--two
 thousand twenty school year, each school district shall be  eligible  to
 receive  a grant amount equal to the sum of (A) the amount set forth for
 such school district as "UNIVERSAL PREKINDERGARTEN  ALLOCATION"  on  the

 S. 7506                            24                            A. 9506

 computer  file  produced  by  the commissioner in support of the enacted
 budget for the two thousand eighteen--two thousand nineteen school year]
 plus [(B)] (C) the amount  awarded  to  such  school  district  for  the
 expanded  prekindergarten  program  for three and four year-olds for the
 two thousand eighteen--two thousand nineteen  school  year  pursuant  to
 chapter sixty-one of the laws of two thousand fifteen plus [(C)] (D) the
 amount  awarded to such school district for the expanded prekindergarten
 for three-year-olds in high need districts program for the two  thousand
 eighteen--two  thousand  nineteen school year pursuant to chapter fifty-
 three of the laws of two thousand sixteen  plus  [(D)]  (E)  the  amount
 awarded to such school district for the expanded prekindergarten program
 for  three-  and four-year-olds for the two thousand eighteen--two thou-
 sand nineteen school year pursuant to a chapter of the laws of two thou-
 sand seventeen  plus  [(E)]  (F)  the  amount  awarded  to  such  school
 district, subject to an available appropriation, through the pre-kinder-
 garten expansion grant for the two thousand eighteen--two thousand nine-
 teen  school  year,  provided  that  such  school  district  has met all
 requirements pursuant to this section, and [(viii)] (VII)  for  the  two
 thousand  twenty--two  thousand  twenty-one  school year and thereafter,
 each school district shall be eligible to receive a grant  amount  equal
 to  the  sum  of  (A)  the  amount set forth for such school district as
 "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the computer file produced  by
 the  commissioner  in  support  of the enacted budget for the prior year
 plus (B) the amount awarded to  such  school  district,  subject  to  an
 available  appropriation,  through  the pre-kindergarten expansion grant
 for the prior year, provided that  such  school  district  has  met  all
 requirements  pursuant  to  this  section, and provided further that the
 maximum grant shall not  exceed  the  total  actual  grant  expenditures
 incurred  by  the school district in the current school year as approved
 by the commissioner.
   § 16. Subparagraphs (ii) and (iii) of paragraph b of subdivision 10 of
 section 3602-e of the education law, as amended by section  26  of  part
 YYY of chapter 59 of the laws of 2017, are amended to read as follows:
   (ii) "Full-day prekindergarten pupils" shall equal:
   For  the two thousand seventeen--two thousand eighteen school year the
 sum of, from the priority  full-day  prekindergarten  program,  (A)  the
 maximum  aidable  pupils such district was eligible to serve in the base
 year plus (B) the maximum aidable  number  of  half-day  prekindergarten
 pupils converted into a full-day prekindergarten pupil in the base year;
   For  the  two thousand eighteen--two thousand nineteen school year the
 sum of, from [each of (A)] the programs pursuant to  this  section  [and
 (B)  the  federal  preschool  development expansion grant, (1)], (A) the
 maximum aidable full-day prekindergarten pupils such district was eligi-
 ble to serve in the base year plus [(2)] (B) the maximum aidable  number
 of  half-day prekindergarten pupils converted into a full-day prekinder-
 garten pupil in the base year;
   For the two thousand nineteen--two thousand twenty school year the sum
 of, from each of (A) the programs pursuant  to  this  section,  (B)  THE
 FEDERAL  PRESCHOOL DEVELOPMENT EXPANSION GRANT, (C) the expanded prekin-
 dergarten program, [(C)] (D) the  expanded  prekindergarten  for  three-
 year-olds, [(D)] (E) the expanded prekindergarten program for three- and
 four-year-olds,  and  [(E)] (F) the prekindergarten expansion grant, (1)
 the maximum aidable full-day prekindergarten pupils  such  district  was
 eligible  to serve in the base year, plus (2) the maximum aidable number
 of half-day prekindergarten pupils converted into a full-day  prekinder-
 garten pupil in the base year;

 S. 7506                            25                            A. 9506
 
   For  the  two thousand twenty--two thousand twenty-one school year and
 thereafter the sum of, from each of (A) the programs  pursuant  to  this
 section  and  (B)  the pre-kindergarten expansion grant, (1) the maximum
 aidable full-day prekindergarten pupils such district  was  eligible  to
 serve  in the base year, plus (2) the maximum aidable number of half-day
 prekindergarten pupils converted into a full-day  prekindergarten  pupil
 in the base year;
   (iii) "Half-day prekindergarten pupils" shall equal:
   For  the two thousand seventeen--two thousand eighteen school year the
 sum of the maximum aidable half-day prekindergarten pupils such district
 was eligible to serve for the base year from (A) the program pursuant to
 this section plus such pupils from (B) the priority full-day  prekinder-
 garten  program,  less the maximum aidable number of half-day prekinder-
 garten pupils converted into a full-day prekindergarten pupil under  the
 priority full-day prekindergarten program for the base year;
   For  the  two thousand eighteen--two thousand nineteen school year the
 maximum aidable half-day prekindergarten pupils such district was eligi-
 ble to serve for the base year from [(A) the program  pursuant  to  this
 section  less (B) the maximum aidable number of half-day prekindergarten
 pupils converted into a full-day prekindergarten pupil under the federal
 preschool development expansion grant for the  base  year]  THE  PROGRAM
 PURSUANT TO THIS SECTION;
   For the two thousand nineteen--two thousand twenty school year the sum
 of the maximum aidable half-day prekindergarten pupils such district was
 eligible  to  serve  for  the base year from (A) the program pursuant to
 this section plus such pupils  from  (B)  the  expanded  prekindergarten
 program  plus  such  pupils  from  (C)  the expanded prekindergarten for
 three-year-olds plus such pupils from (D) the  expanded  prekindergarten
 program  for  three-  and  four-year-olds  plus such pupils from (E) the
 prekindergarten expansion grant, less the sum  of  the  maximum  aidable
 number  of  half-day  prekindergarten  pupils  converted into a full-day
 prekindergarten pupil under each of (1) THE FEDERAL PRESCHOOL  EXPANSION
 GRANT  FOR  THE BASE YEAR PLUS SUCH PUPILS FROM (2) the expanded prekin-
 dergarten program plus such pupils from [(2)] (3) the  expanded  prekin-
 dergarten  for  three-year-olds  plus  such  pupils  from  [(3)] (4) the
 expanded prekindergarten program for three- and four-year-olds plus such
 pupils from [(4)] (5) the prekindergarten expansion grant for  the  base
 year;
   For  the  two thousand twenty--two thousand twenty-one school year and
 thereafter the sum  of  the  maximum  aidable  half-day  prekindergarten
 pupils  such  district  was eligible to serve for the base year from (A)
 the program pursuant to this section plus such pupils from (B) the  pre-
 kindergarten  expansion  grant, less the maximum aidable number of half-
 day prekindergarten pupils converted  into  a  full-day  prekindergarten
 pupil under the prekindergarten expansion grant for the base year;
   §  17.  The  closing  paragraph  of  paragraph  b of subdivision 10 of
 section 3602-e of the education law, as amended by section  26  of  part
 YYY of chapter 59 of the laws of 2017, is amended to read as follows:
   For the purposes of this paragraph:
   (A) "Priority full-day prekindergarten program" shall mean the priori-
 ty  full-day prekindergarten and expanded half-day prekindergarten grant
 program for high need students pursuant to chapter  fifty-three  of  the
 laws of two thousand thirteen;
   (B)"Federal  preschool  development  expansion  grant"  shall mean the
 federal preschool development expansion grant pursuant to  the  American
 Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and

 S. 7506                            26                            A. 9506
 
 14013,  Title XIV, (Public Law 112-10), as amended by section 1832(b) of
 Division B of the Department of Defense and Full-Year Continuing  Appro-
 priations  Act,  2011  (Pub. L. 112-10), and the Department of Education
 Appropriations  Act,  2012 (Title III Division F of Pub. L.  112-74, the
 Consolidated Appropriations Act, 2012);
   (C) "Expanded prekindergarten program" shall mean the expanded prekin-
 dergarten program for three- and  four  year-olds  pursuant  to  chapter
 sixty-one of the laws of two thousand fifteen;
   (D)  "Expanded  prekindergarten  for  three-year-olds"  shall mean the
 expanded prekindergarten for  three-year-olds  in  high  need  districts
 program  pursuant  to  chapter  fifty-three  of the laws of two thousand
 sixteen;
   (E) "Expanded prekindergarten program for three-  and  four-year-olds"
 shall  mean  the  expanded  prekindergarten program for three- and four-
 year-olds pursuant to a chapter of the laws of two thousand seventeen;
   (F) "Prekindergarten expansion grant" shall mean  the  prekindergarten
 expansion  grant  for  the  two thousand eighteen--two thousand nineteen
 school year and thereafter, PURSUANT TO  SUBDIVISION  EIGHTEEN  OF  THIS
 SECTION,  to  the extent such program was available subject to appropri-
 ation, and provided that such school district has met  all  requirements
 pursuant to this section.
   §  18.  Subdivision  11  of  section  3602-e  of the education law, as
 amended by section 27 of part YYY of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   11. Maintenance of effort reduction. Where a school district's current
 year  prekindergarten  pupils  served  is  less than its prekindergarten
 maintenance of effort base, the school district shall have  its  current
 year  apportionment [reduced by] EQUAL TO the product of the maintenance
 of effort factor computed in paragraph b  of  subdivision  ten  of  this
 section multiplied by the grant amount it was eligible to receive pursu-
 ant to subdivision ten of this section.
   §  19.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 31 of part YYY of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [eighteen] NINETEEN; provided that the program shall continue and remain
 in full effect.
   §  20.  Paragraph  a of subdivision 5 of section 3604 of the education
 law, as amended by chapter 161 of the laws of 2005, is amended  to  read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall  be  corrected by the commissioner. Whenever a school district has
 been apportioned less money than that  to  which  it  is  entitled,  the
 commissioner may allot to such district the balance to which it is enti-
 tled.  Whenever  a  school district has been apportioned more money than
 that to which it is entitled, the commissioner may, by an order,  direct
 such  moneys  to be paid back to the state to be credited to the general
 fund local assistance account for state  aid  to  the  schools,  or  may
 deduct  such  amount  from  the  next  apportionment  to be made to said
 district, provided, however, that, upon notification of excess  payments
 of  aid for which a recovery must be made by the state through deduction
 of future aid payments, a school district may request that  such  excess
 payments  be  recovered  by  deducting  such  excess  payments  from the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was received and (ii) the

 S. 7506                            27                            A. 9506
 
 two succeeding school years, provided further that  there  shall  be  no
 interest  penalty  assessed  against  such  district or collected by the
 state. Such request shall be made to the commissioner in  such  form  as
 the  commissioner  shall  prescribe, and shall be based on documentation
 that the total amount to be recovered is in excess of one percent of the
 district's total general fund  expenditures  for  the  preceding  school
 year.  The  amount to be deducted in the first year shall be the greater
 of (i) the sum of the amount of such excess payments that is  recognized
 as  a liability due to other governments by the district for the preced-
 ing school year and the positive remainder of the district's  unreserved
 fund  balance at the close of the preceding school year less the product
 of the district's total general  fund  expenditures  for  the  preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments.  The amount to be recovered in the second year shall equal the
 lesser of the remaining amount of such excess payments to  be  recovered
 or  one-third  of such excess payments, and the remaining amount of such
 excess payments shall be recovered in the third year.  Provided  further
 that,  notwithstanding  any  other  provisions  of this subdivision, any
 pending payment of moneys due to such district as a prior  year  adjust-
 ment  payable pursuant to paragraph c of this subdivision for aid claims
 that had been previously paid as current year aid payments in excess  of
 the  amount  to which the district is entitled and for which recovery of
 excess payments is to be made  pursuant  to  this  paragraph,  shall  be
 reduced  at  the  time  of  actual  payment by any remaining unrecovered
 balance of such excess payments, and the remaining scheduled  deductions
 of  such  excess payments pursuant to this paragraph shall be reduced by
 the commissioner to reflect the amount so recovered.  [The  commissioner
 shall certify no payment to a school district based on a claim submitted
 later  than three years after the close of the school year in which such
 payment was first to be made.  For claims for which payment is first  to
 be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
 the commissioner shall certify no payment to a school district based  on
 a  claim  submitted  later than two years after the close of such school
 year.] For claims for which payment is first to be made [in the nineteen
 hundred ninety-seven--ninety-eight] PRIOR TO  THE  TWO  THOUSAND  SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN  school year [and thereafter], the commis-
 sioner shall certify no payment to a school district based  on  a  claim
 submitted  later  than one year after the close of such school year. FOR
 CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND  SEVEN-
 TEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER
 SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED
 LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however,
 no payments shall be barred or reduced where such payment is required as
 a  result  of  a final audit of the state. [It is further provided that,
 until June thirtieth, nineteen hundred ninety-six, the commissioner  may
 grant  a  waiver  from  the  provisions  of  this section for any school
 district if it is in the best  educational  interests  of  the  district
 pursuant to guidelines developed by the commissioner and approved by the
 director  of  the  budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
 PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
 SEVEN  HUNDRED  FIFTY-ONE,  SEVEN  HUNDRED FIFTY-THREE, NINETEEN HUNDRED
 FIFTY, THIRTY-SIX HUNDRED  TWO,  THIRTY-SIX  HUNDRED  TWO-B,  THIRTY-SIX
 HUNDRED  TWO-C,  THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
 THIS CHAPTER FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND  EIGHTEEN  AND
 TWO  THOUSAND  EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEARS, THE COMMIS-
 SIONER SHALL CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT,  OTHER  THAN

 S. 7506                            28                            A. 9506
 
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION  THIRTY-SIX  HUNDRED  TWO OF THIS PART, IN EXCESS OF THE PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND  EIGHTEEN--TWO  THOU-
 SAND  NINETEEN  STATE  FISCAL  YEAR  AND ENTITLED "BT181-9", AND FURTHER
 PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
 HUNDRED ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE,  SEVEN
 HUNDRED  FIFTY-THREE,  NINETEEN  HUNDRED  FIFTY, THIRTY-SIX HUNDRED TWO,
 THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C,  THIRTY-SIX  HUNDRED
 TWO-E  AND  FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
 NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND  THEREAFTER,  THE  COMMIS-
 SIONER  SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL  DISTRICT, OTHER THAN
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL  YEAR  IN  WHICH  THE
 SCHOOL YEAR COMMENCES.
   § 21. The opening paragraph of section 3609-a of the education law, as
 amended  by section 33 of part YYY of chapter 59 of the laws of 2017, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two thousand seventeen--two thousand eighteen school
 year, "moneys apportioned" shall mean the lesser of (i) the sum  of  one
 hundred  percent  of  the  respective  amount  set forth for each school
 district as payable pursuant to this section in the school aid  computer
 listing  for the current year produced by the commissioner in support of
 the budget which includes the appropriation for the general support  for
 public  schools  for the prescribed payments and individualized payments
 due prior to April first for the current  year  plus  the  apportionment
 payable during the current school year pursuant to subdivision six-a and
 subdivision fifteen of section thirty-six hundred two of this part minus
 any  reductions  to  current  year aids pursuant to subdivision seven of
 section thirty-six hundred four of  this  part  or  any  deduction  from
 apportionment  payable  pursuant  to  this  chapter  for collection of a
 school district basic contribution as defined in  subdivision  eight  of
 section forty-four hundred one of this chapter, less any grants provided
 pursuant  to  subparagraph  two-a  of paragraph b of subdivision four of
 section ninety-two-c of the state finance law, less any grants  provided
 pursuant  to  subdivision  six of section ninety-seven-nnnn of the state
 finance law, less any grants provided pursuant to subdivision twelve  of
 section thirty-six hundred forty-one of this article, or (ii) the appor-
 tionment  calculated  by  the  commissioner based on data on file at the
 time the payment is processed; provided however, that for  the  purposes
 of  any  payments made pursuant to this section prior to the first busi-
 ness day of June of the  current  year,  moneys  apportioned  shall  not
 include  any  aids payable pursuant to subdivisions six and fourteen, if
 applicable, of section thirty-six hundred two of this  part  as  current
 year  aid for debt service on bond anticipation notes and/or bonds first
 issued in the current year or any aids payable for full-day kindergarten
 for the current year pursuant to subdivision nine of section  thirty-six
 hundred  two  of  this part. The definitions of "base year" and "current
 year" as set forth in subdivision one of section thirty-six hundred  two
 of  this  part  shall apply to this section. [For aid payable in the two
 thousand seventeen--two thousand eighteen school year, reference to such

 S. 7506                            29                            A. 9506

 "school aid computer listing for the current year" shall mean the print-
 outs entitled "SA171-8"] FOR AID PAYABLE IN THE TWO THOUSAND  EIGHTEEN--
 TWO  THOUSAND  NINETEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED"
 SHALL  MEAN  THE  LESSER  OF:  (I) THE SUM OF ONE HUNDRED PERCENT OF THE
 RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT
 TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT  YEAR
 PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
 WHICH INCLUDES THE APPROPRIATION FOR  THE  GENERAL  SUPPORT  FOR  PUBLIC
 SCHOOLS  FOR  THE  PRESCRIBED  PAYMENTS  AND INDIVIDUALIZED PAYMENTS DUE
 PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE
 DURING THE CURRENT  SCHOOL  YEAR  PURSUANT  TO  SUBDIVISIONS  SIX-A  AND
 FIFTEEN  OF  SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS  PART MINUS ANY
 REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION
 THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT
 PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION  OF  A  SCHOOL  DISTRICT
 BASIC CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR
 HUNDRED  ONE  OF  THIS  CHAPTER,  LESS  ANY  GRANTS PROVIDED PURSUANT TO
 SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF  SECTION  NINE-
 TY-TWO-C  OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO
 SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE  FINANCE  LAW,
 LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR-
 TY-SIX  HUNDRED  FORTY-ONE  OF  THIS  ARTICLE, OR (II) THE APPORTIONMENT
 CALCULATED BY THE COMMISSIONER BASED ON DATA ON FILE  AT  THE  TIME  THE
 PAYMENT  IS  PROCESSED;  PROVIDED  HOWEVER, THAT FOR THE PURPOSES OF ANY
 PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST  BUSINESS  DAY
 OF  JUNE  OF  THE CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY
 AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN,  IF  APPLICABLE,
 OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR
 DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE
 CURRENT YEAR OR ANY AIDS  PAYABLE  FOR  FULL-DAY  KINDERGARTEN  FOR  THE
 CURRENT  YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED
 TWO OF THIS PART. FOR AID PAYABLE  IN  THE  TWO  THOUSAND  EIGHTEEN--TWO
 THOUSAND  NINETEEN  SCHOOL  YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER
 LISTING  FOR  THE  CURRENT  YEAR"  SHALL  MEAN  THE  PRINTOUTS  ENTITLED
 "BT181-9".
   §  22.  Paragraph  b of subdivision 2 of section 3612 of the education
 law, as amended by section 34 of part YYY of chapter 59 of the  laws  of
 2017, 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
 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 [seventeen] EIGHTEEN--two thousand [eighteen] NINETEEN.

 S. 7506                            30                            A. 9506
 
   § 23. Subdivision 6 of section 4402 of the education law,  as  amended
 by  section 35 of part YYY of chapter 59 of the laws of 2017, 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 [eighteen] NINETEEN of the
 two thousand  [seventeen]  EIGHTEEN--two  thousand  [eighteen]  NINETEEN
 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.
   § 24. Section 4408 of the education law, as amended by chapter  82  of
 the  laws of 1995, subdivision 1 as amended by section 32 of part A-1 of
 chapter 58 of the laws of 2006, subdivision 3 as amended by  section  59
 and  subdivision  5  as amended by section 60 of part A of chapter 58 of
 the laws of 2011, is amended to read as follows:
   § 4408. Payment for July and August programs for students  with  disa-
 bilities.    1.  State  aid.  The  commissioner  shall make payments for
 approved July and August programs  for  students  with  disabilities  in
 accordance  with  this  section  in  an  amount  equal to THE SUM OF THE
 TUITION STATE PAYMENT  AMOUNT  PURSUANT  TO  SUBDIVISION  FIVE  OF  THIS
 SECTION,  PLUS  THE PRODUCT OF eighty percent [of] MULTIPLIED BY the sum
 of the [approved tuition and] maintenance rates and  the  transportation
 expense  for  the  current year enrollment of students with disabilities
 ages five through twenty-one or students eligible  for  services  during

 S. 7506                            31                            A. 9506
 
 July  and August pursuant to article eighty-five, eighty-seven or eight-
 y-eight of this chapter, where such costs  are  determined  pursuant  to
 section  forty-four  hundred  five  of  this  article, provided that the
 placement  of  such  students  was  approved  by  the  commissioner,  if
 required. Such programs shall operate for six weeks and shall be  funded
 for  thirty  days  of service, provided, however, that the observance of
 the legal holiday for Independence day may constitute a day of  service.
 Upon  certification by the school district in which the student resides,
 that such services were provided, such payment  shall  be  made  to  the
 provider of such services, in accordance with the provisions of subdivi-
 sion three of this section.
   2.  Chargeback  to a municipality. Ten percent of the approved cost of
 July and August services provided pursuant  to  this  section  for  each
 student  shall be a charge against the municipality in which the parent,
 or person in parental relationship to  such  student,  resided  on  July
 first of the school year in which such services were provided. The comp-
 troller  shall deduct from any state funds which become due to a munici-
 pality an amount equal to such ten percent required in  accordance  with
 this  subdivision which amount shall be credited to the local assistance
 account of the state education department as designated by the  division
 of the budget.
   3.  Payment  schedule.  For  aid  payable in the two thousand six--two
 thousand seven school year AND THEREAFTER, moneys appropriated  annually
 to the department from the general fund - local assistance account under
 the office of prekindergarten through grade twelve education program for
 July  and  August programs for students with disabilities, shall be used
 as follows: (i) for remaining base year and  prior  school  years  obli-
 gations,  (ii)  for the purposes of subdivision four of this section for
 schools operated under articles eighty-seven and  eighty-eight  of  this
 [chapter]  TITLE,  and (iii) notwithstanding any inconsistent provisions
 of this chapter, for payments made pursuant to this section for  current
 school year obligations, provided, however, that such payments shall not
 exceed  seventy percent of the state aid due for the sum of the approved
 tuition and maintenance rates and transportation  expense  provided  for
 herein;  provided,  however,  that  payment  of eligible claims shall be
 payable in the order that such claims have been approved for payment  by
 the  commissioner,  but  in  no case shall a single payee draw down more
 than forty-five percent of the appropriation provided for  the  purposes
 of  this  section, and provided further that no claim shall be set aside
 for insufficiency of funds to make a  complete  payment,  but  shall  be
 eligible for a partial payment in one year and shall retain its priority
 date  status  for  appropriations  provided  for  this section in future
 years.
   4. Of the amount so appropriated to the department for  the  July  and
 August  programs  for  schools  operated under articles eighty-seven and
 eighty-eight of this [chapter] TITLE, an amount shall be transferred  to
 the special revenue funds - other, Batavia school for the blind and Rome
 school  for the deaf accounts, pursuant to a plan to be developed by the
 commissioner and approved by the director of  the  budget  for  students
 with  disabilities  attending  July and August programs pursuant to this
 section at such schools pursuant to such articles. Such amount shall  be
 determined  by the tuition and maintenance rates and the total number of
 students with disabilities approved by the  commissioner  for  placement
 for  the  July  and August program. The commissioner shall establish the
 methodology for computation of such tuition and  maintenance  rates  for
 each  school  which  shall  take into account all pertinent expenditures

 S. 7506                            32                            A. 9506
 
 including administration, direct care staff, nondirect  care  staff  and
 other than personal service costs.
   5.  [State  share]  TUITION  STATE PAYMENT AMOUNT. A. FOR SCHOOL YEARS
 COMMENCING PRIOR TO JULY FIRST, TWO THOUSAND EIGHTEEN, THE TUITION STATE
 PAYMENT AMOUNT SHALL BE EIGHTY PERCENT  OF  THE  SUM  OF  SUCH  APPROVED
 TUITION EXPENSE.
   B.  FOR  SCHOOL  YEARS COMMENCING ON OR AFTER JULY FIRST, TWO THOUSAND
 EIGHTEEN, THE TUITION STATE PAYMENT AMOUNT SHALL BE  EQUAL  TO  (I)  FOR
 STUDENTS  PLACED PURSUANT TO SECTION THIRTY-TWO HUNDRED TWO AND ARTICLES
 EIGHTY-FIVE,  EIGHTY-SEVEN,  AND  EIGHTY-EIGHT  OF  THIS  TITLE,  EIGHTY
 PERCENT  OF  SUCH  TUITION EXPENSE, OR (II) FOR ALL OTHER STUDENTS, SUCH
 APPROVED TUITION EXPENSE MULTIPLIED  BY  THE  STATE  SHARING  RATIO  FOR
 PUBLIC  HIGH  COST EXCESS COST AID COMPUTED PURSUANT TO SUBDIVISION FIVE
 OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, BUT SHALL NOT BE LESS
 THAN ONE QUARTER (0.25) NOR MORE THAN NINE TENTHS (0.9).
   C. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO ALTER THE CHARGE-
 BACK TO THE MUNICIPALITY REQUIREMENT PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION.
   6. MEDICAID ADJUSTMENT. In accordance with the provisions of  subpara-
 graph  four  of  paragraph  b  of  subdivision one of section thirty-six
 hundred nine-a of this chapter for  services  provided  during  the  two
 thousand eight--two thousand nine and prior school years, any moneys due
 the school district shall be reduced by an amount equal to fifty percent
 of  any federal participation, pursuant to title XIX of the social secu-
 rity act, in  special  education  programs  provided  pursuant  to  this
 section.  For  services provided during the two thousand nine--two thou-
 sand ten school year and thereafter, or for services provided in a prior
 school year that were not reimbursed by the state  on  or  before  April
 first,  two  thousand  eleven,  such state share shall be designated and
 transferred pursuant to section thirty-six hundred nine-b of this  chap-
 ter.
   [6.] 7. Notwithstanding any other provision of law to the contrary, no
 payments  shall  be made by the commissioner pursuant to this section on
 or after July first,  nineteen  hundred  ninety-six  based  on  a  claim
 submitted  later  than  three  years after the end of the school year in
 which services were rendered, provided however that no payment shall  be
 barred  or reduced where such payment is required as a result of a court
 order or judgment or a final audit.
   § 25. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
 relating  to funding a program for work force education conducted by the
 consortium for worker education in New York city, as amended by  section
 44  of part YYY of chapter 59 of the laws of 2017, is amended to read as
 follows:
   b. Reimbursement for programs approved in accordance with  subdivision
 a  of  this section for the 2015--2016 school year shall not exceed 60.7
 percent of the lesser of such approvable costs per contact hour or thir-
 teen dollars and forty cents per contact  hour,  reimbursement  for  the
 2016--2017  school  year  shall not exceed 60.3 percent of the lesser of
 such approvable costs per contact hour or thirteen dollars ninety  cents
 per  contact  hour,  [and]  reimbursement for the 2017--2018 school year
 shall not exceed 60.4 percent of the lesser of such approvable costs per
 contact hour or thirteen dollars and ninety cents per contact hour,  AND
 REIMBURSEMENT  FOR  THE  2018--2019  SCHOOL  YEAR  SHALL NOT EXCEED 59.4
 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR FOUR-
 TEEN DOLLARS AND SEVENTY-FIVE CENTS PER CONTACT HOUR,  where  a  contact
 hour  represents  sixty  minutes  of instruction services provided to an

 S. 7506                            33                            A. 9506
 
 eligible adult.   Notwithstanding any other  provision  of  law  to  the
 contrary,  for  the  2015--2016 school year such contact hours shall not
 exceed one million five hundred ninety-nine thousand fifteen (1,599,015)
 hours;  whereas  for the 2016--2017 school year such contact hours shall
 not exceed one million five hundred  fifty-one  thousand  three  hundred
 twelve  (1,551,312);  [and]  WHEREAS for the 2017--2018 school year such
 contact hours shall not exceed one million five hundred forty-nine thou-
 sand four hundred sixty-three (1,549,463); AND FOR THE 2018--2019 SCHOOL
 YEAR SUCH CONTACT HOURS SHALL  NOT  EXCEED  ONE  MILLION  THREE  HUNDRED
 TWELVE  THOUSAND SEVEN HUNDRED EIGHTY-FIVE (1,312,785).  Notwithstanding
 any other provision of law to the contrary, the apportionment calculated
 for the city school district of the city of New York pursuant to  subdi-
 vision  11  of section 3602 of the education law shall be computed as if
 such contact hours provided by the consortium for worker education,  not
 to  exceed  the contact hours set forth herein, were eligible for aid in
 accordance with the provisions of such subdivision 11 of section 3602 of
 the education law.
   § 26. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
 ing  a  program for work force education conducted by the consortium for
 worker education in New York city, is amended by adding a  new  subdivi-
 sion w to read as follows:
   W.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2018--2019 SCHOOL  YEAR.  NOTWITHSTANDING
 ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
 WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
 AND SHALL NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
 ($11,500,000).
   §  27. Section 6 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 worker  education in New York city, as amended by section 46 of part YYY
 of chapter 59 of the laws of 2017, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed on June 30, [2018] 2019.
   §  28. 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 47 of part YYY  of  chapter
 59 of the laws of 2017, 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,
 [2018] 2019 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 twenty-four of this act shall be deemed to be
 repealed on and after July 1, [2018] 2019;
   §  29.  The education law is amended by adding a new section 4403-a to
 read as follows:
   § 4403-A. WAIVERS FROM CERTAIN DUTIES. 1.  A  LOCAL  SCHOOL  DISTRICT,
 APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
 SUBMIT  AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH

 S. 7506                            34                            A. 9506
 
 DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  PURSUANT
 TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
 THIS  ARTICLE,  AND  REGULATIONS  PROMULGATED THEREUNDER, FOR A SPECIFIC
 SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
 ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
 SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
   2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
 DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
 PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
 BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
 WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
 BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
 SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
 MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL  SCHOOL
 DISTRICT,  APPROVED  PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND  PERSONS
 IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
 IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
 SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
 PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO SUCH STUDENTS.
   3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
 A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
 SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
 SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN  INNOVATIVE
 SPECIAL  EDUCATION  PROGRAM  THAT  IS CONSISTENT WITH APPLICABLE FEDERAL
 REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR  OPPORTUNITIES
 FOR  PLACEMENT  IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
 NATION, THE COMMISSIONER SHALL CONSIDER ANY  COMMENTS  RECEIVED  BY  THE
 LOCAL  SCHOOL  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
 STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
   4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
 COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
 REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
 PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
 WHICH A WAIVER IS GRANTED.
   § 30. Section 8 of chapter 89 of the laws of 2016, relating to supple-
 mentary funding for dedicated programs for public school students in the
 East Ramapo central school district, as amended by section  49  of  part
 YYY of chapter 59 of the laws of 2017, is amended to read as follows:
   §  8.  This act shall take effect July 1, 2016 and shall expire and be
 deemed repealed June 30, [2018]  2019,  EXCEPT  THAT  PARAGRAPH  (B)  OF
 SECTION  FIVE  OF  THIS ACT AND PARAGRAPH SEVEN OF THIS ACT SHALL EXPIRE
 AND BE DEEMED REPEALED JUNE 30, 2021.
   § 31. 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 section 50 of part  YYY
 of chapter 59 of the laws of 2017, is amended to read as follows:
   §  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, [2018] 2019 when
 upon such date the provisions of this act shall be deemed repealed.
   § 32. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating to certain provisions related to the 1994-95 state  operations,

 S. 7506                            35                            A. 9506
 
 aid to localities, capital projects and debt service budgets, as amended
 by section 32 of part A of chapter 54 of the laws of 2016, 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
 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, [2018] 2020.
   § 33. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
 education  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 section 12 of part YYY of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   §  4.  This act shall take effect July 1, 2002 and shall expire and be
 deemed repealed June 30, [2018] 2019.
   § 34. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
 education law relating to the implementation of the No Child Left Behind
 Act  of  2001, as amended by section 13 of part YYY of chapter 59 of the
 laws of 2017, is amended to read as follows:
   § 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, [2018] 2019.
   § 35. Section 2 of subpart B of part AA of chapter 56 of the  laws  of
 2014, amending the education law relating to providing that standardized
 test  scores  shall  not be included on a student's permanent record, is
 amended to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed on December 31, [2018] 2019.
   § 36. School bus driver training. In addition to apportionments other-
 wise  provided  by section 3602 of the education law, for aid payable in
 the 2018-2019 school year, the commissioner of education shall  allocate
 school  bus  driver  training  grants  to school districts and boards of
 cooperative educational 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) per
 school year.
   § 37. 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
 week  of  June  2019  and  not later than the last day of the third full
 business week of June 2019, a school district eligible for an apportion-
 ment 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, 2019, for salary expenses incurred between April  1  and
 June 30, 2018 and such apportionment shall not exceed the sum of (i) the
 deficit  reduction assessment of 1990--1991 as determined by the commis-

 S. 7506                            36                            A. 9506
 
 sioner 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 inhabitants  accord-
 ing  to  the  latest  federal  census, plus (iv) the net gap elimination
 adjustment for 2010--2011, as determined by the commissioner  of  educa-
 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
 nation  adjustment  for  2011--2012 as determined by the commissioner of
 education pursuant to subdivision 17 of section 3602  of  the  education
 law,  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
 apportionment  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 para-
 graph, 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.
   §  38.  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, 2019, a school district  eligi-
 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, 2019 and such apportionment shall
 not exceed the  additional  accruals  required  to  be  made  by  school
 districts  in the 2004--2005 and 2005--2006 school years associated with

 S. 7506                            37                            A. 9506
 
 changes for such public pension liabilities. The amount  of  such  addi-
 tional  accrual  shall  be certified to the commissioner of education by
 the president 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
 apportionment  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 para-
 graph, 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.
   §  39.  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
 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

 S. 7506                            38                            A. 9506
 
 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 office of prekindergarten through grade
 twelve education programs.
   § 40. 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 2018--2019 school year,  as  a  non-component  school
 district, services required by article 19 of the education law.
   §  41.  The amounts specified in this section shall be a setaside from
 the state funds which each such district is  receiving  from  the  total
 foundation aid:
   a.  for the development, maintenance or expansion of magnet schools or
 magnet school programs for the 2018--2019  school  year.  For  the  city
 school  district  of  the  city of New York there shall be a setaside of
 foundation aid equal to forty-eight  million  one  hundred  seventy-five
 thousand  dollars  ($48,175,000) including five hundred thousand dollars
 ($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
 school   district,   twenty-one  million  twenty-five  thousand  dollars
 ($21,025,000); for the Rochester city school district,  fifteen  million
 dollars  ($15,000,000);  for the Syracuse city school district, thirteen
 million dollars ($13,000,000); for the  Yonkers  city  school  district,
 forty-nine  million five hundred thousand dollars ($49,500,000); for the
 Newburgh city school district, four million six hundred forty-five thou-
 sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
 two million four hundred seventy-five thousand dollars ($2,475,000); for
 the Mount Vernon city school district, two million dollars ($2,000,000);
 for  the New Rochelle city school district, one million four hundred ten
 thousand dollars ($1,410,000); for the Schenectady city school district,
 one million eight hundred thousand dollars ($1,800,000);  for  the  Port
 Chester  city  school  district,  one million one hundred fifty thousand
 dollars ($1,150,000); for the White Plains city  school  district,  nine
 hundred  thousand  dollars ($900,000); for the Niagara Falls city school
 district, six hundred thousand dollars ($600,000); for the  Albany  city
 school  district,  three  million  five  hundred  fifty thousand dollars
 ($3,550,000); for the Utica city school district,  two  million  dollars
 ($2,000,000);  for  the Beacon city school district, five hundred sixty-
 six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
 district,  four  hundred  thousand  dollars ($400,000); for the Freeport
 union free school district, four hundred  thousand  dollars  ($400,000);
 for  the  Greenburgh  central  school  district,  three hundred thousand
 dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
 hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
 district, two hundred thousand dollars ($200,000); and  for  the  Hudson
 city school district, four hundred thousand dollars ($400,000).
   b.  Notwithstanding any inconsistent provision of law to the contrary,
 a school district setting aside such foundation  aid  pursuant  to  this
 section  may  use  such  setaside  funds  for:  (i) any instructional or
 instructional support costs associated with the operation  of  a  magnet
 school; or (ii) any instructional or instructional support costs associ-
 ated with implementation of an alternative approach to promote diversity
 and/or enhancement of the instructional program and raising of standards
 in  elementary and secondary schools of school districts having substan-
 tial concentrations of minority students.

 S. 7506                            39                            A. 9506
 
   c. The commissioner of education shall not be authorized  to  withhold
 foundation aid from a school district that used such funds in accordance
 with  this  paragraph,  notwithstanding any inconsistency with a request
 for proposals issued by such commissioner for the purpose of  attendance
 improvement  and  dropout prevention for the 2018--2019 school year, and
 for any city school district in a city having a population of more  than
 one  million,  the  setaside  for  attendance  improvement  and  dropout
 prevention shall equal the amount set aside in the base  year.  For  the
 2018--2019  school  year,  it  is  further provided that any city school
 district in a city having a population of more than  one  million  shall
 allocate  at  least  one-third  of any increase from base year levels in
 funds set aside pursuant to the requirements of this section to communi-
 ty-based organizations. Any increase required pursuant to  this  section
 to  community-based  organizations  must  be  in addition to allocations
 provided to community-based organizations in the base year.
   d. For the purpose of teacher support for the 2018--2019 school  year:
 for  the city school district of the city of New York, sixty-two million
 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
 school district, one million seven hundred  forty-one  thousand  dollars
 ($1,741,000); for the Rochester city school district, one million seven-
 ty-six  thousand  dollars  ($1,076,000);  for  the  Yonkers  city school
 district,  one  million  one  hundred   forty-seven   thousand   dollars
 ($1,147,000);  and  for the Syracuse city school district, eight hundred
 nine thousand dollars ($809,000). All funds made available to  a  school
 district  pursuant  to  this section shall be distributed among teachers
 including prekindergarten teachers and teachers of adult vocational  and
 academic  subjects in accordance with this section and shall be in addi-
 tion to salaries heretofore or hereafter negotiated or  made  available;
 provided,  however,  that all funds distributed pursuant to this section
 for the current year shall be deemed to incorporate all  funds  distrib-
 uted  pursuant to former subdivision 27 of section 3602 of the education
 law for prior years. In school districts where the teachers are  repres-
 ented  by  certified  or  recognized  employee organizations, all salary
 increases funded pursuant to this section shall be determined  by  sepa-
 rate  collective  negotiations  conducted pursuant to the provisions and
 procedures of article 14 of the civil service law,  notwithstanding  the
 existence  of  a  negotiated  agreement  between a school district and a
 certified or recognized employee organization.
   § 42. Support of public libraries. The  moneys  appropriated  for  the
 support  of  public  libraries by a chapter of the laws of 2017 enacting
 the aid to localities budget shall  be  apportioned  for  the  2018-2019
 state  fiscal  year  in  accordance with the provisions of sections 271,
 272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
 provisions  of this chapter 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 2018-2019
 by a chapter of the laws of 2018 enacting the education, labor and fami-
 ly assistance budget shall fulfill the  state's  obligation  to  provide
 such aid and, pursuant to a plan developed by the commissioner of educa-

 S. 7506                            40                            A. 9506
 
 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.
   § 43. 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.
   § 44. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that:
   1. Sections one, four, five, six, seven, nine, nine-a, nine-b, nine-c,
 nine-d,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen, sixteen,
 seventeen, eighteen, nineteen, twenty, twenty-one,  twenty-two,  twenty-
 three,  thirty-six,  forty  and  forty-one of this act shall take effect
 July 1, 2018; and
   2. The amendments to chapter 756 of the  laws  of  1992,  relating  to
 funding  a  program for work force education conducted by the consortium
 for worker education in New York city made by sections  twenty-five  and
 twenty-six  of  this act shall not affect the repeal of such chapter and
 shall be deemed repealed therewith; and
   3. Section twenty-eight of this act shall be deemed to  have  been  in
 full  force and effect on and after the effective date of section 140 of
 chapter 82 of the laws of 1995;
   4. The amendments to paragraph (d) of subdivision 1 of section 2856 of
 the education law made by section seven of this act shall be subject  to
 the expiration and reversion of such subdivision pursuant to subdivision
 d  of  section  27  of chapter 378 of the laws of 2007, as amended, when
 upon such date the provisions of section eight of this  act  shall  take
 effect;  and the amendments to paragraph b-1 of subdivision 4 of section
 3602 of the education law made by section nine-a of this act  shall  not
 affect the expiration of such paragraph and shall expire therewith.
 
                                  PART B
 
   Section 1. The education law is amended by adding a new section 908 to
 read as follows:
   § 908. PROHIBITION AGAINST LUNCH SHAMING.  ALL PUBLIC SCHOOLS, INCLUD-
 ING CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS IN THE STATE THAT PARTICIPATE
 IN  THE  NATIONAL  SCHOOL  LUNCH  PROGRAM OR SCHOOL BREAKFAST PROGRAM IN
 WHICH THERE IS A SCHOOL AT WHICH ALL  PUPILS  ARE  NOT  ELIGIBLE  TO  BE
 SERVED  BREAKFAST AND LUNCH UNDER THE COMMUNITY ELIGIBILITY PROVISION OR
 PROVISION TWO OF THE FEDERAL NATIONAL SCHOOL LUNCH ACT, 42  U.S.C.  SEC.
 1751  ET  SEQ., SHALL DEVELOP A PLAN TO ENSURE THAT A PUPIL WHOSE PARENT
 OR GUARDIAN HAS UNPAID SCHOOL MEAL FEES IS NOT SHAMED OR TREATED DIFFER-
 ENTLY THAN A PUPIL WHOSE PARENT OR GUARDIAN DOES NOT HAVE UNPAID  SCHOOL
 MEAL  FEES.  THE  PLAN  SHALL  BE  SUBMITTED TO THE COMMISSIONER BY JULY
 FIRST, TWO THOUSAND EIGHTEEN, OR SIXTY DAYS FROM THE EFFECTIVE  DATE  OF
 THIS  SECTION  AFTER  ENACTMENT  IN  CONFORMANCE WITH REGULATIONS OF THE

 S. 7506                            41                            A. 9506
 
 COMMISSIONER. AFTER SUBMISSION OF SUCH PLAN, THE SCHOOL SHALL ADOPT  AND
 POST THE PLAN ON ITS WEBSITE. THE PLAN SHALL INCLUDE, BUT NOT BE LIMITED
 TO, THE FOLLOWING ELEMENTS:
   A. A POLICY STATING THAT THE SCHOOL SHALL PROVIDE THE STUDENT WITH THE
 STUDENT'S MEAL OF CHOICE FOR THAT SCHOOL DAY OF THE AVAILABLE REIMBURSA-
 BLE  MEAL  CHOICES  FOR  SUCH  SCHOOL  DAY, IF THE STUDENT REQUESTS ONE,
 UNLESS THE STUDENT'S PARENT OR GUARDIAN HAS SPECIFICALLY PROVIDED  WRIT-
 TEN  PERMISSION  TO  THE  SCHOOL  TO WITHHOLD A MEAL, PROVIDED THAT SUCH
 POLICY SHALL ONLY REQUIRE THE SCHOOL TO PROVIDE ACCESS  TO  REIMBURSABLE
 MEALS, NOT A LA CARTE ITEMS, ADULT MEALS, OR OTHER SIMILAR ITEMS;
   B.  AN  EXPLANATION  OF  HOW  STAFF WILL BE TRAINED TO ENSURE THAT THE
 POLICY IS CARRIED OUT CORRECTLY AND HOW THE AFFECTED PARENTS AND GUARDI-
 ANS WILL BE PROVIDED WITH ASSISTANCE  IN  ESTABLISHING  ELIGIBILITY  FOR
 FREE OR REDUCED-PRICE MEALS FOR THEIR CHILDREN;
   C.  A  POLICY  REQUIRING  THE SCHOOL TO NOTIFY THE STUDENT'S PARENT OR
 GUARDIAN THAT THE STUDENT'S MEAL CARD OR ACCOUNT  BALANCE  IS  EXHAUSTED
 AND  UNPAID  MEAL CHARGES ARE DUE. THE NOTIFICATION POLICY MAY INCLUDE A
 REPAYMENT SCHEDULE, BUT THE SCHOOL MAY NOT CHARGE ANY INTEREST  OR  FEES
 IN CONNECTION WITH ANY MEALS CHARGED;
   D.  A  COMMUNICATION  PROCEDURE  DESIGNED TO SUPPORT ELIGIBLE FAMILIES
 ENROLLING IN THE NATIONAL FREE AND  REDUCED  PRICE  MEAL  PROGRAM.  SUCH
 COMMUNICATION  PROCEDURES  SHALL  ALSO INCLUDE A PROCESS FOR DETERMINING
 ELIGIBILITY WHEN A STUDENT OWES MONEY FOR FIVE OR  MORE  MEALS,  WHEREIN
 THE SCHOOL SHALL:
   I.  MAKE EVERY ATTEMPT TO DETERMINE IF A STUDENT IS DIRECTLY CERTIFIED
 TO BE ELIGIBLE FOR FREE MEALS;
   II. MAKE AT LEAST TWO  ATTEMPTS,  NOT  INCLUDING  THE  APPLICATION  OR
 INSTRUCTIONS  INCLUDED  IN  A  SCHOOL  ENROLLMENT  PACKET,  TO REACH THE
 STUDENT'S PARENT OR GUARDIAN AND HAVE THE PARENT OR GUARDIAN FILL OUT  A
 MEAL APPLICATION; AND
   III.  REQUIRE A PRINCIPAL, ASSISTANT PRINCIPAL OR COUNSELOR TO CONTACT
 THE PARENT OR GUARDIAN TO OFFER  ASSISTANCE  WITH  A  MEAL  APPLICATION,
 DETERMINE  IF  THERE  ARE  OTHER  ISSUES  WITHIN THE HOUSEHOLD THAT HAVE
 CAUSED THE CHILD TO HAVE INSUFFICIENT FUNDS TO PURCHASE  A  SCHOOL  MEAL
 AND OFFER ANY OTHER ASSISTANCE THAT IS APPROPRIATE;
   E.  A  CLEAR  EXPLANATION  OF  POLICIES  DESIGNED  TO DECREASE STUDENT
 DISTRESS OR EMBARRASSMENT, PROVIDED THAT, NO SCHOOL SHALL:
   I. PUBLICLY IDENTIFY OR STIGMATIZE A STUDENT WHO CANNOT PAY FOR A MEAL
 OR WHO OWES A MEAL DEBT BY ANY MEANS  INCLUDING,  BUT  NOT  LIMITED  TO,
 REQUIRING THAT A STUDENT WEAR A WRISTBAND OR HAND STAMP;
   II.  REQUIRE  A  STUDENT  WHO CANNOT PAY FOR A MEAL OR WHO OWES A MEAL
 DEBT TO DO CHORES OR OTHER WORK TO PAY FOR MEALS, PROVIDED  THAT  CHORES
 OR WORK REQUIRED OF ALL STUDENTS REGARDLESS OF A MEAL DEBT IS PERMITTED;
   III. REQUIRE THAT A STUDENT THROW AWAY A MEAL AFTER IT HAS BEEN SERVED
 BECAUSE  OF THE STUDENT'S INABILITY TO PAY FOR THE MEAL OR BECAUSE MONEY
 IS OWED FOR EARLIER MEALS;
   IV. TAKE ANY ACTION DIRECTED AT A PUPIL TO COLLECT UNPAID SCHOOL  MEAL
 FEES.  A  SCHOOL  MAY  ATTEMPT TO COLLECT UNPAID SCHOOL MEAL FEES FROM A
 PARENT OR GUARDIAN, BUT SHALL NOT USE A DEBT COLLECTOR,  AS  DEFINED  IN
 SECTION  EIGHT  HUNDRED  THREE OF THE FEDERAL CONSUMER CREDIT PROTECTION
 ACT, 15 U.S.C. SEC. 1692A; OR
   V. DISCUSS  ANY  OUTSTANDING  MEAL  DEBT  IN  THE  PRESENCE  OF  OTHER
 STUDENTS;
   F.  A  CLEAR  EXPLANATION OF THE POLICY TO HANDLE UNPAID MEAL CHARGES,
 PROVIDED THAT NOTHING IN THIS SECTION  IS  INTENDED  TO  ALLOW  FOR  THE
 UNLIMITED ACCRUAL OF DEBT;

 S. 7506                            42                            A. 9506
 
   G.  PROCEDURES  TO ENROLL IN THE FREE AND REDUCED PRICE LUNCH PROGRAM,
 PROVIDED THAT SUCH PROCEDURES SHALL INCLUDE THAT, AT  THE  BEGINNING  OF
 EACH SCHOOL YEAR, A SCHOOL SHALL PROVIDE:
   I. A FREE, PRINTED MEAL APPLICATION IN EVERY SCHOOL ENROLLMENT PACKET,
 OR  IF THE SCHOOL CHOOSES TO USE AN ELECTRONIC MEAL APPLICATION, PROVIDE
 IN SCHOOL ENROLLMENT PACKETS  AN  EXPLANATION  OF  THE  ELECTRONIC  MEAL
 APPLICATION  PROCESS  AND  INSTRUCTIONS FOR HOW PARENTS OR GUARDIANS MAY
 REQUEST A PAPER APPLICATION AT NO COST; AND
   II. MEAL APPLICATIONS AND INSTRUCTIONS IN A LANGUAGE THAT PARENTS  AND
 GUARDIANS  UNDERSTAND. IF A PARENT OR GUARDIAN CANNOT READ OR UNDERSTAND
 A MEAL APPLICATION, THE SCHOOL SHALL OFFER ASSISTANCE IN COMPLETING  THE
 APPLICATION;
   H.  IF  A  SCHOOL BECOMES AWARE THAT A STUDENT WHO HAS NOT SUBMITTED A
 MEAL APPLICATION IS ELIGIBLE FOR FREE OR REDUCED-FEE MEALS,  THE  SCHOOL
 SHALL COMPLETE AND FILE AN APPLICATION FOR THE STUDENT PURSUANT TO TITLE
 SEVEN, SECTION 245.6(D) OF THE CODE OF FEDERAL REGULATIONS; AND
   I. SCHOOL LIAISONS REQUIRED FOR HOMELESS, FOSTER, AND MIGRANT STUDENTS
 SHALL  COORDINATE  WITH  THE  NUTRITION  DEPARTMENT  TO  MAKE  SURE SUCH
 STUDENTS RECEIVE FREE SCHOOL MEALS, IN ACCORDANCE WITH FEDERAL LAW.
   § 2. Section 4 of chapter 537 of the laws of 1976, relating  to  paid,
 free  and  reduced price breakfast for eligible pupils in certain school
 districts is renumbered section 6 and two new sections 4 and 5 are added
 to read as follows:
   § 4. A. ALL PUBLIC ELEMENTARY OR SECONDARY SCHOOLS IN THIS STATE,  NOT
 INCLUDING  A  CHARTER  SCHOOL  AUTHORIZED BY ARTICLE 56 OF THE EDUCATION
 LAW, WITH AT LEAST SEVENTY PERCENT OR MORE OF ITS STUDENTS ELIGIBLE  FOR
 FREE  OR  REDUCED-PRICE  MEALS  UNDER  THE FEDERAL NATIONAL SCHOOL LUNCH
 PROGRAM AS DETERMINED BY THE STATE EDUCATION DEPARTMENT BASED UPON  DATA
 SUBMITTED  BY  SCHOOLS  THROUGH THE BASIC EDUCATIONAL DATA SYSTEM (BEDS)
 FOR THE PRIOR SCHOOL YEAR, SHALL BE REQUIRED TO  OFFER  ALL  STUDENTS  A
 SCHOOL BREAKFAST AFTER THE INSTRUCTIONAL DAY HAS BEGUN.
   B.  EACH  PUBLIC  SCHOOL  MAY DETERMINE THE BREAKFAST SERVICE DELIVERY
 MODEL THAT BEST SUITS ITS STUDENTS. SERVICE DELIVERY MODELS MAY INCLUDE,
 BUT ARE NOT LIMITED TO, BREAKFAST IN THE CLASSROOM, GRAB AND  GO  BREAK-
 FAST,  AND  BREAKFAST  SERVED  IN  THE CAFETERIA. TIME SPENT BY STUDENTS
 CONSUMING BREAKFAST MAY BE CONSIDERED INSTRUCTIONAL TIME  WHEN  STUDENTS
 CONSUME  BREAKFAST  IN THE STUDENTS' CLASSROOMS AND INSTRUCTION IS BEING
 PROVIDED WHILE  STUDENTS  ARE  CONSUMING  BREAKFAST.  IN  DETERMINING  A
 SERVICE  DELIVERY  MODEL,  SCHOOLS SHALL CONSULT WITH TEACHERS, PARENTS,
 STUDENTS AND MEMBERS OF THE COMMUNITY.
   C. SCHOOLS  SUBJECT  TO  THIS  REQUIREMENT  SHALL  PROVIDE  NOTICE  TO
 STUDENTS'  PARENTS AND GUARDIANS THAT THE SCHOOL WILL BE OFFERING BREAK-
 FAST TO ALL STUDENTS AFTER THE INSTRUCTIONAL DAY HAS BEGUN.
   D. THE STATE EDUCATION DEPARTMENT SHALL:
   I. ON OR BEFORE MAY 1, 2018, AND ON OR BEFORE MAY 1 OF EACH YEAR THER-
 EAFTER PRECEDING EACH SCHOOL YEAR, PUBLISH ON ITS WEBSITE A LIST OF  THE
 PUBLIC  SCHOOLS  THAT MEET THE REQUIREMENTS FOR OPERATING SUCH PROGRAMS,
 AND PROVIDE NOTIFICATION TO SUCH SCHOOLS;
   II. DEVELOP AND DISTRIBUTE GUIDELINES FOR THE IMPLEMENTATION  OF  SUCH
 PROGRAMS,  WHICH  SHALL BE IN THE COMPLIANCE WITH ALL APPLICABLE FEDERAL
 AND STATE LAWS GOVERNING THE SCHOOL BREAKFAST PROGRAM;
   III. PROVIDE TECHNICAL ASSISTANCE RELATING TO  THE  IMPLEMENTATION  OF
 SUCH PROGRAM AND SUBMISSION OF CLAIMS FOR REIMBURSEMENT UNDER THE SCHOOL
 BREAKFAST PROGRAM; AND
   IV.  ANNUALLY  PUBLISH BY DECEMBER 2019, AND EACH DECEMBER THEREAFTER,
 ON ITS WEBSITE INFORMATION RELATING  TO  EACH  SCHOOL  SUBJECT  TO  THIS

 S. 7506                            43                            A. 9506
 
 REQUIREMENT,  AS  WELL AS ANY OTHER SCHOOLS OPERATING SUCH PROGRAM WHICH
 ARE NOT SUBJECT TO THIS REQUIREMENT, IN  THE  PRIOR  SCHOOL  YEAR.  SUCH
 INFORMATION  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO: THE SCHOOL NAME,
 SERVICE  DELIVERY  MODELS  IMPLEMENTED, STUDENT ENROLLMENT, THE FREE AND
 REDUCED-PRICE LUNCH PERCENTAGE,  THE  AVERAGE  DAILY  BREAKFAST  PARTIC-
 IPATION  RATE,  THE  TOTAL  NUMBER  OF BREAKFAST MEALS SERVED DURING THE
 SCHOOL YEAR, THE TOTAL COST OF THE BREAKFAST PROGRAM DURING  THE  SCHOOL
 YEAR,  THE  TOTAL  FEDERAL  REIMBURSEMENT FOR BREAKFAST MEALS DURING THE
 SCHOOL YEAR, AND THE  TOTAL  STATE  REIMBURSEMENT  FOR  BREAKFAST  MEALS
 DURING THE SCHOOL YEAR.
   §  5.  A.  NOTWITHSTANDING  ANY  MONETARY  LIMITATIONS WITH RESPECT TO
 SCHOOL LUNCH PROGRAMS CONTAINED IN ANY LAW  OR  REGULATION,  FOR  SCHOOL
 LUNCH  MEALS  SERVED IN THE SCHOOL YEAR COMMENCING JULY 1, 2019 AND EACH
 JULY 1 THEREAFTER, A SCHOOL FOOD AUTHORITY SHALL BE ELIGIBLE FOR A LUNCH
 MEAL STATE SUBSIDY OF TWENTY-FIVE CENTS, WHICH SHALL INCLUDE ANY  ANNUAL
 STATE  SUBSIDY  RECEIVED  BY  SUCH SCHOOL FOOD AUTHORITY UNDER ANY OTHER
 PROVISION OF STATE LAW, FOR ANY SCHOOL LUNCH MEAL SERVED BY SUCH  SCHOOL
 FOOD AUTHORITY; PROVIDED THAT THE SCHOOL FOOD AUTHORITY CERTIFIES TO THE
 STATE EDUCATION DEPARTMENT THROUGH THE APPLICATION SUBMITTED PURSUANT TO
 SUBDIVISION  B OF THIS SECTION THAT SUCH FOOD AUTHORITY HAS PURCHASED AT
 LEAST THIRTY PERCENT OF ITS TOTAL COST OF FOOD PRODUCTS FOR  ITS  SCHOOL
 FOOD  SERVICE PROGRAM FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR
 PROCESSORS IN THE PRECEDING SCHOOL YEAR.
   B. THE STATE EDUCATION DEPARTMENT, IN COOPERATION WITH THE  DEPARTMENT
 OF AGRICULTURE AND MARKETS, SHALL DEVELOP AN APPLICATION FOR SCHOOL FOOD
 AUTHORITIES TO SEEK AN ADDITIONAL STATE SUBSIDY PURSUANT TO THIS SECTION
 IN  A  TIMELINE  AND FORMAT PRESCRIBED BY THE COMMISSIONER OF EDUCATION.
 SUCH APPLICATION SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  DOCUMENTATION
 DEMONSTRATING  THE  SCHOOL FOOD AUTHORITY'S TOTAL FOOD PURCHASES FOR ITS
 SCHOOL FOOD SERVICE PROGRAMS, INCLUDING BUT NOT LIMITED TO SCHOOL LUNCH,
 BREAKFAST AND SNACK PROGRAMS, AND DOCUMENTATION DEMONSTRATING ITS  TOTAL
 FOOD  PURCHASES  AND  PERCENTAGES  FOR SUCH PROGRAMS FROM NEW YORK STATE
 FARMERS, GROWERS, PRODUCERS OR PROCESSORS IN THE PRECEDING SCHOOL  YEAR.
 THE  APPLICATION  SHALL ALSO INCLUDE AN ATTESTATION FROM THE SCHOOL FOOD
 AUTHORITY'S CHIEF OPERATING OFFICER THAT IT PURCHASED  AT  LEAST  THIRTY
 PERCENT  OF  ITS TOTAL COST OF FOOD PRODUCTS FOR ITS SCHOOL FOOD SERVICE
 PROGRAM FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCESSORS IN
 THE PRECEDING SCHOOL YEAR IN ORDER TO MEET  THE  REQUIREMENTS  FOR  THIS
 ADDITIONAL  STATE  SUBSIDY. SCHOOL FOOD AUTHORITIES SHALL BE REQUIRED TO
 ANNUALLY APPLY FOR THIS SUBSIDY.
   C. THE STATE EDUCATION DEPARTMENT SHALL ANNUALLY  PUBLISH  INFORMATION
 ON  ITS  WEBSITE  COMMENCING  ON  SEPTEMBER 1, 2019 AND EACH SEPTEMBER 1
 THEREAFTER, RELATING TO EACH SCHOOL FOOD AUTHORITY THAT APPLIED FOR  AND
 RECEIVED  THIS  ADDITIONAL  STATE SUBSIDY, INCLUDING BUT NOT LIMITED TO:
 THE SCHOOL FOOD AUTHORITY NAME, STUDENT ENROLLMENT, AVERAGE DAILY  LUNCH
 PARTICIPATION,  TOTAL  FOOD  COSTS FOR ITS SCHOOL FOOD SERVICE PROGRAMS,
 TOTAL COST OF PRODUCTS FOR ITS SCHOOL FOOD  SERVICE  PROGRAMS  PURCHASED
 FROM  NEW  YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCESSORS, AND THE
 PERCENT OF TOTAL FOOD COSTS THAT WERE  PURCHASED  FROM  NEW  YORK  STATE
 FARMERS, GROWERS, PRODUCERS OR PROCESSORS.
   §  3.  This act shall take effect immediately; provided, however, that
 subdivision a of section 4 of chapter 537 of the laws of 1976, as  added
 by section two of this act, shall take effect September 1, 2018.
 
                                  PART C

 S. 7506                            44                            A. 9506
 
   Section  1.  Section  1604 of the education law is amended by adding a
 new subdivision 43 to read as follows:
   43. TO PASS, IN THE DISCRETION OF THE TRUSTEES, A RESOLUTION AUTHORIZ-
 ING  THE  USE  OF  SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED
 EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE TRUSTEES  MAY
 ALSO  ENTER  INTO  CONTRACTS  WITH  A  THIRD PARTY FOR THE INSTALLATION,
 ADMINISTRATION, OPERATION, NOTICE PROCESSING, AND  MAINTENANCE  OF  SUCH
 CAMERAS, AND FOR THE SHARING OF REVENUE DERIVED FROM SUCH CAMERAS PURSU-
 ANT  TO  SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW,
 PROVIDED THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION  AND  MAINTE-
 NANCE,  OR  ANY  OTHER  COSTS  ASSOCIATED WITH SUCH CAMERAS SHALL NOT BE
 CONSIDERED AN AIDABLE EXPENSE PURSUANT  TO  SECTION  THIRTY-SIX  HUNDRED
 TWENTY-THREE-A OF THIS CHAPTER.
   §  2.  Section  1709  of  the education law is amended by adding a new
 subdivision 43 to read as follows:
   43. TO PASS A RESOLUTION, IN THE DISCRETION OF THE BOARD,  AUTHORIZING
 THE  USE  OF SCHOOL BUS CAMERAS PURSUANT TO SECTION ELEVEN HUNDRED EIGH-
 TEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED THAT THE  BOARD  MAY  ALSO
 ENTER  INTO  CONTRACTS WITH A THIRD PARTY FOR THE INSTALLATION, ADMINIS-
 TRATION, OPERATION, NOTICE PROCESSING, AND MAINTENANCE OF SUCH  CAMERAS,
 AND  FOR  THE  SHARING  OF REVENUE DERIVED FROM SUCH CAMERAS PURSUANT TO
 SECTION ELEVEN HUNDRED EIGHTEEN OF THE VEHICLE AND TRAFFIC LAW, PROVIDED
 THAT THE PURCHASE, LEASE, INSTALLATION, OPERATION  AND  MAINTENANCE,  OR
 ANY  OTHER COSTS ASSOCIATED WITH SUCH CAMERAS SHALL NOT BE CONSIDERED AN
 AIDABLE EXPENSE PURSUANT TO SECTION THIRTY-SIX HUNDRED TWENTY-THREE-A OF
 THIS CHAPTER.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 1118 to read as follows:
   § 1118. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING A
 SCHOOL  BUS.  (A)  1.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, EACH
 BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED
 AND EMPOWERED TO ADOPT AND AMEND A RESOLUTION ESTABLISHING A SCHOOL  BUS
 SAFETY  CAMERA  PROGRAM  IMPOSING  MONETARY  LIABILITY ON THE OWNER OF A
 VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN
 HUNDRED SEVENTY-FOUR OF THIS TITLE. SUCH PROGRAM SHALL EMPOWER  A  BOARD
 OF  EDUCATION OR SCHOOL DISTRICT OR SCHOOL BUS TRANSPORTATION CONTRACTOR
 THAT HAS CONTRACTED WITH SUCH SCHOOL  DISTRICT  TO  INSTALL  SCHOOL  BUS
 SAFETY  CAMERAS  UPON  SCHOOL  BUSES OPERATED BY OR CONTRACTED WITH SUCH
 DISTRICT.
   2. SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE
 EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH SCHOOL BUS  SAFETY
 CAMERAS  SHALL  NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN-
 GERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO  NOTICE
 OF  LIABILITY  ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
 BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF  THE
 CONTENTS  OF  A  VEHICLE,  PROVIDED THAT SUCH SCHOOL DISTRICT HAS MADE A
 REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
   (B) IN ANY SCHOOL DISTRICT WHICH HAS ADOPTED A RESOLUTION PURSUANT  TO
 SUBDIVISION  (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE
 FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS  USED
 OR  OPERATED  WITH  THE  PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN
 VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR  OF
 THIS TITLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM
 A  SCHOOL BUS SAFETY CAMERA; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE
 SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE

 S. 7506                            45                            A. 9506
 
 OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING  VIOLATION
 OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
   (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
 "SCHOOL BUS SAFETY CAMERA" SHALL  MEAN  AN  AUTOMATED  PHOTO  MONITORING
 DEVICE  AFFIXED  TO THE OUTSIDE OF A SCHOOL BUS AND DESIGNATED TO DETECT
 AND STORE VIDEOTAPE AND ONE OR MORE IMAGES OF MOTOR VEHICLES THAT  OVER-
 TAKE  OR  PASS  SCHOOL  BUSES IN VIOLATION OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
   (D) NO SCHOOL DISTRICT OR SCHOOL BUS  TRANSPORTATION  CONTRACTOR  THAT
 HAS  INSTALLED  CAMERAS PURSUANT TO THIS SECTION SHALL ACCESS THE IMAGES
 FROM SUCH CAMERAS BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT  WITH  THE
 APPROPRIATE  LAW ENFORCEMENT AGENCY OR AGENCIES, FOR THE PROPER HANDLING
 AND CUSTODY OF SUCH IMAGES FOR THE FORWARDING OF SUCH IMAGES  FROM  SUCH
 CAMERAS  TO  A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE AREA IN
 WHICH THE VIOLATION  OCCURRED  FOR  THE  PURPOSE  OF  IMPOSING  MONETARY
 LIABILITY  ON  THE  OWNER OF A MOTOR VEHICLE FOR ILLEGALLY OVERTAKING OR
 PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF  SECTION  ELEVEN
 HUNDRED  SEVENTY-FOUR  OF  THIS  TITLE.   AFTER RECEIPT OF SUCH IMAGES A
 POLICE OFFICER SHALL INSPECT SUCH  VIDEOTAPE  AND  IMAGES  TO  DETERMINE
 WHETHER  A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVEN-
 TY-FOUR OF THIS TITLE WAS COMMITTED. UPON SUCH A FINDING A  CERTIFICATE,
 SWORN TO OR AFFIRMED BY AN OFFICER OF SUCH AGENCY, OR A FACSIMILE THERE-
 OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
 OTHER  RECORDED  IMAGES PRODUCED BY A SCHOOL BUS SAFETY CAMERA, SHALL BE
 PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED  THEREIN.  ANY  PHOTOGRAPHS,
 MICROPHOTOGRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES EVIDENCING SUCH A
 VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI-
 CATE THE LIABILITY FOR SUCH VIOLATION.
   (E) AN OWNER FOUND LIABLE PURSUANT TO THIS SECTION FOR A VIOLATION  OF
 SUBDIVISION  (A)  OF  SECTION  ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE
 SHALL BE LIABLE FOR A MONETARY PENALTY OF TWO HUNDRED FIFTY DOLLARS.
   (E-1) PAYMENT OF THE MONETARY PENALTY IMPOSED BY  SUBDIVISION  (E)  OF
 THIS  SECTION  SHALL  BE  PAYABLE TO THE SCHOOL DISTRICT. NOTHING HEREIN
 SHALL PREVENT THE SCHOOL DISTRICT FROM ENTERING  INTO  A  MEMORANDUM  OF
 UNDERSTANDING WITH A LOCAL LAW ENFORCEMENT AGENCY TO RETURN A PORTION OF
 SUCH  PENALTY  RECEIVED  TO  THE  LOCAL LAW ENFORCEMENT AGENCY, PROVIDED
 HOWEVER, IN NO CASE SHALL SUCH PORTION RETURNED TO A LOCAL LAW  ENFORCE-
 MENT  AGENCY  EXCEED TWENTY PERCENT OF THE AMOUNT RECEIVED BY THE SCHOOL
 DISTRICT.
   (F) AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE  DEEMED
 A  CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING
 RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE
 USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE  INSURANCE
 COVERAGE.
   (G)  1.  A  NOTICE  OF  LIABILITY  SHALL BE SENT BY THE RESPECTIVE LAW
 ENFORCEMENT AGENCY BY FIRST CLASS MAIL TO  EACH  PERSON  ALLEGED  TO  BE
 LIABLE  AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
 HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO  THIS  SECTION.  PERSONAL
 DELIVERY  ON  THE  OWNER  SHALL  NOT  BE REQUIRED. A MANUAL OR AUTOMATIC
 RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS  SHALL  BE
 PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
 (A)  OF  SECTION  ELEVEN  HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO
 THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE  INVOLVED  IN  SUCH

 S. 7506                            46                            A. 9506
 
 VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
 TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
 RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
   3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE  MAY  CONTEST  THE
 LIABILITY  ALLEGED  IN  THE  NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO  CONTEST
 IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE RESPEC-
 TIVE LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION  WHERE
 THE VIOLATION OCCURRED.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
 THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
 BY  THE  COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
 ANY CITY WHICH HAS ESTABLISHED OR DESIGNATED AN ADMINISTRATIVE  TRIBUNAL
 TO  HEAR  AND  DETERMINE OWNER LIABILITY ESTABLISHED BY THIS ARTICLE FOR
 FAILURE TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS SHALL USE SUCH TRIBU-
 NAL TO ADJUDICATE THE LIABILITY IMPOSED BY THIS SECTION.
   (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
 SECTION  FOR  ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A
 POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE  TO
 AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A) OF SECTION
 ELEVEN  HUNDRED SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION THAT
 THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE  TIME
 THE  VIOLATION  OCCURRED  AND  HAD  NOT BEEN RECOVERED BY SUCH TIME. FOR
 PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT  SHALL
 BE  SUFFICIENT  THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN
 VEHICLE BE SENT BY FIRST CLASS MAIL TO THE  TRAFFIC  VIOLATIONS  BUREAU,
 COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
   (J)  WHERE  THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSUANT
 TO THIS SECTION IS BY AN  ADMINISTRATIVE  TRIBUNAL,  TRAFFIC  VIOLATIONS
 BUREAU,  OR  A  COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A
 VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT  TO  SUBDIVI-
 SION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDI-
 VISION  (A)  OF  SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS TITLE,
 PROVIDED THAT HE OR SHE SENDS TO THE  ADMINISTRATIVE  TRIBUNAL,  TRAFFIC
 VIOLATIONS  BUREAU,  OR  COURT HAVING JURISDICTION A COPY OF THE RENTAL,
 LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE  DATE
 OF  THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGI-
 BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU  OR
 COURT  OF  THE  DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER
 INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF  LIABILITY.  FAILURE  TO
 SEND  SUCH  INFORMATION  WITHIN  SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL
 RENDER THE OWNER LIABLE FOR THE  PENALTY  PRESCRIBED  BY  THIS  SECTION.
 WHERE  THE  LESSOR  COMPLIES  WITH THE PROVISIONS OF THIS PARAGRAPH, THE
 LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED  TO
 BE  THE  OWNER  OF  SUCH  VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
 SUBJECT TO LIABILITY FOR THE VIOLATION OF  SUBDIVISION  (A)  OF  SECTION
 ELEVEN  HUNDRED  SEVENTY-FOUR OF THIS TITLE PURSUANT TO THIS SECTION AND
 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
 SECTION.
   (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (A) OF
 SECTION ELEVEN HUNDRED SEVENTY-FOUR  OF  THIS  TITLE  PURSUANT  TO  THIS
 SECTION  WAS  NOT  THE  OPERATOR  OF  THE  VEHICLE  AT  THE  TIME OF THE

 S. 7506                            47                            A. 9506
 
 VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION  AGAINST
 THE OPERATOR.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR WAS FOUND TO HAVE
 BEEN  OVERTAKING  OR PASSING A SCHOOL BUS. FOR PURPOSES OF THIS SUBDIVI-
 SION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE  WAS
 OPERATING  SUCH  VEHICLE  WITH THE CONSENT OF THE OWNER AT THE TIME SUCH
 OPERATOR WAS FOUND TO HAVE BEEN OVERTAKING OR PASSING A SCHOOL BUS.
   (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
 OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF
 SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE.
   (M) IN ANY SCHOOL DISTRICT WHICH ADOPTS A  SCHOOL  BUS  SAFETY  CAMERA
 PROGRAM  PURSUANT  TO  SUBDIVISION  (A)  OF  THIS  SECTION,  SUCH SCHOOL
 DISTRICT SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF  ITS
 SCHOOL  BUS  SAFETY  CAMERAS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST,  TWO
 THOUSAND  NINETEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
 THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:
   1.  A  DESCRIPTION OF THE NUMBER OF BUSSES AND ROUTES WHERE SCHOOL BUS
 SAFETY CAMERAS WERE USED;
   2. THE AGGREGATE NUMBER OF ANNUAL INCIDENTS OF VIOLATIONS OF  SUBDIVI-
 SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE WITHIN THE
 DISTRICT;
   3.  THE  NUMBER OF VIOLATIONS RECORDED BY SCHOOL BUS SAFETY CAMERAS IN
 THE AGGREGATE AND ON A DAILY, WEEKLY AND MONTHLY BASIS;
   4. THE TOTAL NUMBER OF NOTICES  OF  LIABILITY  ISSUED  FOR  VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   5.  THE  NUMBER  OF  FINES  AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   6. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS  OF  SUCH  ADJUDI-
 CATIONS   INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR  VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   7. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH SCHOOL  DISTRICT  FROM
 SUCH ADJUDICATIONS;
   8.  EXPENSES  INCURRED  BY SUCH SCHOOL DISTRICT IN CONNECTION WITH THE
 PROGRAM; AND
   9. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
 VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR  OF  THIS  TITLE  THAT
 SUCH  SCHOOL  BUS  SAFETY CAMERAS WERE MALFUNCTIONING AT THE TIME OF THE
 ALLEGED VIOLATION.
   § 4. Subdivision (c) of section 1174 of the vehicle and  traffic  law,
 as  amended  by  chapter  254 of the laws of 2002, is amended to read as
 follows:
   (c) Every person convicted of a violation of subdivision (a)  of  this
 section  shall: for a first conviction thereof, be punished by a fine of
 not less than [two hundred fifty] FIVE HUNDRED  dollars  nor  more  than
 [four]  SEVEN hundred FIFTY dollars or by imprisonment for not more than
 thirty days or by both such fine and imprisonment; for a conviction of a
 second violation, both of which were committed within a period of  three
 years,  such  person  shall  be punished by a fine of not less than [six
 hundred] ONE THOUSAND dollars nor more than  [seven]  ONE  THOUSAND  TWO
 hundred  fifty  dollars or by imprisonment for not more than one hundred

 S. 7506                            48                            A. 9506
 
 eighty days or by both such fine and imprisonment; upon a conviction  of
 a  third  or  subsequent violation, all of which were committed within a
 period of three years, such person shall be punished by a  fine  of  not
 less  than  [seven hundred fifty] ONE THOUSAND TWO HUNDRED FIFTY dollars
 nor more than one thousand FIVE HUNDRED dollars or by  imprisonment  for
 not more than one hundred eighty days or by both such fine and imprison-
 ment.
   § 5. This act shall take effect immediately.
 
                                  PART D
 
   Section  1.  Subdivision  4  of  section  1950 of the education law is
 amended by adding a new paragraph oo to read as follows:
   OO. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES IS AUTHORIZED TO ENTER INTO A MEMORANDUM OF  UNDER-
 STANDING  WITH  THE  TRUSTEES  OR  BOARD OF EDUCATION OF A NON-COMPONENT
 SCHOOL DISTRICT, INCLUDING CITY SCHOOL  DISTRICTS  OF  CITIES  WITH  ONE
 HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS OR MORE, TO PARTICIPATE IN A
 RECOVERY HIGH SCHOOL PROGRAM OPERATED BY THE BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES FOR A PERIOD NOT TO EXCEED FIVE YEARS UPON SUCH TERMS AS
 SUCH TRUSTEES OR BOARD OF EDUCATION AND THE BOARD OF COOPERATIVE  EDUCA-
 TIONAL  SERVICES  MAY  MUTUALLY  AGREE, PROVIDED THAT SUCH AGREEMENT MAY
 PROVIDE FOR A CHARGE FOR ADMINISTRATION  OF  THE  RECOVERY  HIGH  SCHOOL
 PROGRAM  INCLUDING CAPITAL COSTS, BUT PARTICIPATING NON-COMPONENT SCHOOL
 DISTRICTS SHALL NOT BE LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES  AS
 DEFINED IN PARAGRAPH B OF THIS SUBDIVISION. COSTS ALLOCATED TO A PARTIC-
 IPATING NON-COMPONENT SCHOOL DISTRICT PURSUANT TO A MEMORANDUM OF UNDER-
 STANDING  SHALL  BE AIDABLE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION
 TO THE SAME EXTENT AND ON THE SAME BASIS AS COSTS ALLOCATED TO A  COMPO-
 NENT SCHOOL DISTRICT.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section  1.  This act shall be known and may be cited as the "New York
 state DREAM Act".
   § 2. Subdivision 3 of section 661 of the education law is REPEALED.
   § 3. Paragraph a of subdivision 5 of section 661 of the education law,
 as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
 follows:
   a.  (I)  Except  as provided in subdivision two of section six hundred
 seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
 applicant  for  an award at the undergraduate level of study must either
 [(i)] (A) have been a legal resident of the state for at least one  year
 immediately  preceding the beginning of the semester, quarter or term of
 attendance for which application for assistance is made, or  [(ii)]  (B)
 be  a  legal resident of the state and have been a legal resident during
 his OR HER last two semesters of high school either prior to graduation,
 or prior to admission to college. Provided further that persons shall be
 eligible to receive awards under  section  six  hundred  sixty-eight  or
 section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
 residents of the state and are otherwise qualified.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE

 S. 7506                            49                            A. 9506
 
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
 ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
 HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
 SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 4. Paragraph b of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  466 of the laws of 1977, is amended to read as
 follows:
   b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
 PARAGRAPH, AN applicant for an award at the graduate level of study must
 either  [(i)]  (A)  have been a legal resident of the state for at least
 one year immediately preceding the beginning of the semester, quarter or
 term of attendance for which application  for  assistance  is  made,  or
 [(ii)]  (B) be a legal resident of the state and have been a legal resi-
 dent during his OR HER last academic year  of  undergraduate  study  and
 have  continued to be a legal resident until matriculation in the gradu-
 ate program.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER

 S. 7506                            50                            A. 9506
 
 EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
 TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
 SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 5. Paragraph d of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  844 of the laws of 1975, is amended to read as
 follows:
   d. If an applicant for an award allocated on a  geographic  basis  has
 more  than  one  residence  in  this state, his OR HER residence for the
 purpose of this article shall be his OR HER place  of  actual  residence
 during  the major part of the year while attending school, as determined
 by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
 HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
 SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
 THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
 INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR  PURPOSES
 OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
   § 6. Paragraph e of subdivision 5 of section 661 of the education law,
 as  added  by  chapter  630  of  the laws of 2005, is amended to read as
 follows:
   e. Notwithstanding any other provision of this article to the  contra-
 ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
 MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
 SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
 member,  of  the  armed  forces of the United States on full-time active
 duty and stationed in this state.
   § 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi-
 sion 2 of section 355 of the education law, as added by chapter  327  of
 the laws of 2002, are amended to read as follows:
   (i)  attended  an approved New York high school for two or more years,
 graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
 NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
 applied for attendance [at] AND ATTENDED an institution  or  educational
 unit  of  the state university within five years of receiving a New York
 state high school diploma; or
   (ii) attended an approved New York state program  for  general  equiv-
 alency  diploma exam preparation, received a general equivalency diploma

 S. 7506                            51                            A. 9506
 
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
 DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
 EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
 an  institution  or educational unit of the state university within five
 years of receiving a general equivalency diploma issued within New  York
 state; or
   § 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of
 section 6206 of the education law, as amended by chapter 260 of the laws
 of 2011, are amended to read as follows:
   (i)  attended  an approved New York high school for two or more years,
 graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
 NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
 applied for attendance [at] AND ATTENDED an institution  or  educational
 unit  of  the  city university within five years of receiving a New York
 state high school diploma; or
   (ii) attended an approved New York state program  for  general  equiv-
 alency  diploma exam preparation, received a general equivalency diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
 DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
 EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
 an institution or educational unit of the city  university  within  five
 years  of receiving a general equivalency diploma issued within New York
 state; or
   § 9. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law,  as  amended  by chapter 327 of the laws of 2002, the opening para-
 graph as amended by section 4 of chapter 437 of the  laws  of  2015,  is
 amended to read as follows:
   (a)  The  board  of  trustees  shall establish positions, departments,
 divisions and faculties; appoint and in accordance with  the  provisions
 of  law  fix  salaries  of instructional and non-instructional employees
 therein; establish and conduct courses and curricula;  prescribe  condi-
 tions of student admission, attendance and discharge; and shall have the
 power  to  determine  in its discretion whether tuition shall be charged
 and to regulate tuition charges, and  other  instructional  and  non-in-
 structional  fees and other fees and charges at the educational units of
 the city university. The trustees shall review  any  proposed  community
 college  tuition  increase  and the justification for such increase. The
 justification provided by the community college for such increase  shall
 include  a  detailed  analysis of ongoing operating costs, capital, debt
 service expenditures, and all revenues. The trustees shall not impose  a
 differential  tuition  charge  based  upon  need or income. All students
 enrolled in programs leading to like  degrees  at  the  senior  colleges
 shall  be  charged  a  uniform  rate of tuition, except for differential
 tuition rates  based  on  state  residency.  Notwithstanding  any  other
 provision of this paragraph, the trustees may authorize the setting of a
 separate  category  of  tuition  rate,  that  shall  be greater than the
 tuition rate for resident students and less than the  tuition  rate  for
 non-resident  students,  only for students enrolled in distance learning
 courses who are not residents of the state. The trustees  shall  further
 provide that the payment of tuition and fees by any student who is not a
 resident  of New York state, other than a non-immigrant alien within the
 meaning of paragraph (15) of subsection (a) of section 1101 of  title  8
 of  the United States Code, shall be paid at a rate or charge no greater

 S. 7506                            52                            A. 9506
 
 than that imposed for students who are residents of the  state  if  such
 student:
   (i)  attended  an approved New York high school for two or more years,
 graduated from an approved New York high school, LIVED  CONTINUOUSLY  IN
 NEW  YORK  STATE  WHILE  ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
 applied for attendance [at] AND ATTENDED an institution  or  educational
 unit  of  the  city university within five years of receiving a New York
 state high school diploma; or
   (ii) attended an approved New York state program  for  general  equiv-
 alency  diploma exam preparation, received a general equivalency diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING AN APPROVED NEW YORK STATE  PROGRAM  FOR  GENERAL  EQUIVALENCY
 DIPLOMA  EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at],
 EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED
 an institution or educational unit of the city  university  within  five
 years  of receiving a general equivalency diploma issued within New York
 state; or
   (iii) was enrolled in an institution or educational unit of  the  city
 university  in the fall semester or quarter of the two thousand one--two
 thousand two academic year and was authorized  by  such  institution  or
 educational  unit  to  pay  tuition  at  the  rate or charge imposed for
 students who are residents of the state.
   A student without lawful immigration status shall also be required  to
 file an affidavit with such institution or educational unit stating that
 the  student has filed an application to legalize his or her immigration
 status, or will file such an application as soon as he or she is  eligi-
 ble  to  do  so. The trustees shall not adopt changes in tuition charges
 prior to the enactment of the annual budget. The board of  trustees  may
 accept  as  partial  reimbursement  for the education of veterans of the
 armed forces of the United States who are otherwise qualified such  sums
 as  may  be authorized by federal legislation to be paid for such educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and courses for adult education  appropriate  to  the  field  of  higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion, require students to pay library, laboratory, locker,  break-
 age and other instructional and non-instructional fees and meet the cost
 of  books and consumable supplies. In addition to the foregoing fees and
 charges, the board of trustees may impose and collect fees  and  charges
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
   § 10. Subdivision 5 of section 6301 of the education law,  as  amended
 by chapter 327 of the laws of 2002, is amended to read as follows:
   5.  "Resident."  A person who has resided in the state for a period of
 at least one year and in the county,  city,  town,  intermediate  school
 district,  school  district or community college region, as the case may
 be, for a period of at least six months, both immediately preceding  the
 date  of  such  person's registration in a community college or, for the
 purposes of section sixty-three hundred five of this article, his or her
 application for a certificate of residence; provided, however, that this
 term shall include any student who is not a resident of New York  state,
 other than a non-immigrant alien within the meaning of paragraph (15) of
 subsection  (a) of section 1101 of title 8 of the United States Code, if
 such student:
   (i) attended an approved New York high school for two or  more  years,
 graduated  from  an approved New York high school, LIVED CONTINUOUSLY IN
 NEW YORK STATE WHILE ATTENDING AN APPROVED NEW  YORK  HIGH  SCHOOL,  and

 S. 7506                            53                            A. 9506
 
 applied  for  attendance  [at  an institution or educational unit of the
 state university] AND ATTENDED A COMMUNITY COLLEGE within five years  of
 receiving a New York state high school diploma; or
   (ii)  attended  an  approved New York state program for general equiv-
 alency diploma exam preparation, received a general equivalency  diploma
 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
 ATTENDING  AN  APPROVED  NEW  YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
 DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an
 institution or educational unit of the state university], EARNED  ADMIS-
 SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY
 COLLEGE  within  five  years  of receiving a general equivalency diploma
 issued within New York state; or
   (iii) was enrolled in [an institution or educational unit of the state
 university] A COMMUNITY COLLEGE in the fall semester or quarter  of  the
 two  thousand  one--two thousand two academic year and was authorized by
 such [institution or educational unit] COMMUNITY COLLEGE to pay  tuition
 at  the  rate  or  charge  imposed for students who are residents of the
 state.
   Provided, further, that a student without  lawful  immigration  status
 shall  also  be  required to file an affidavit with such [institution or
 educational unit] COMMUNITY COLLEGE stating that the student  has  filed
 an  application  to legalize his or her immigration status, or will file
 such an application as soon as he or she is eligible to do so.
   In the event that a person qualified as above for state residence, but
 has been a resident of two or more counties in the state during the  six
 months immediately preceding his OR HER application for a certificate of
 residence pursuant to section sixty-three hundred five of this [chapter]
 ARTICLE,  the  charges  to  the counties of residence shall be allocated
 among the several counties proportional to  the  number  of  months,  or
 major fraction thereof, of residence in each county.
   §  11.  Paragraph  d of subdivision 3 of section 6451 of the education
 law, as amended by chapter 494 of the laws of 2016, is amended  to  read
 as follows:
   d.  Any necessary supplemental financial assistance, which may include
 the cost of books and necessary maintenance for such enrolled  students,
 INCLUDING  STUDENTS  WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
 STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)  OF  PARA-
 GRAPH  A  OR  SUBPARAGRAPH  (II)  OF  PARAGRAPH B OF SUBDIVISION FIVE OF
 SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE;  provided,
 however,  that such supplemental financial assistance shall be furnished
 pursuant to criteria promulgated by the commissioner with  the  approval
 of the director of the budget;
   § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
 of  the  education  law, as added by chapter 917 of the laws of 1970, is
 amended to read as follows:
   (v) Any necessary supplemental financial assistance, which may include
 the cost of books and necessary maintenance for such students, INCLUDING
 STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS  PROVIDED  THAT  THE  STUDENT
 MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
 SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
 HUNDRED  SIXTY-ONE  OF  THIS  CHAPTER, AS APPLICABLE; provided, however,
 that such supplemental financial assistance shall be furnished  pursuant
 to criteria promulgated by such universities and approved by the regents
 and the director of the budget.

 S. 7506                            54                            A. 9506
 
   §  13. Paragraph (a) of subdivision 2 of section 6455 of the education
 law, as added by chapter 285 of the laws of 1986, is amended to read  as
 follows:
   (a)  (I) Undergraduate science and technology entry program moneys may
 be used for tutoring, counseling, remedial and special  summer  courses,
 supplemental  financial  assistance,  program  administration, and other
 activities which the commissioner may deem appropriate. To  be  eligible
 for  undergraduate  collegiate  science  and  technology  entry  program
 support, a student must be a resident of New York [who is], OR MEET  THE
 REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
 economically disadvantaged or from a minority group  historically  under
 represented  in  the  scientific,  technical,  health and health-related
 professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
 potential for a professional career if provided special services. Eligi-
 ble students must be in good academic standing, enrolled full time in an
 approved,  undergraduate  level  program  of  study,  as  defined by the
 regents.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN FIVE YEARS OF RECEIVING A NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED
 ON THAT GENERAL EQUIVALENCY DIPLOMA, AND  ATTENDED  THE  INSTITUTION  OF
 HIGHER  EDUCATION  FOR  THE  UNDERGRADUATE  STUDY  FOR WHICH AN AWARD IS
 SOUGHT WITHIN FIVE YEARS OF RECEIVING A STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   §  14. Paragraph (a) of subdivision 3 of section 6455 of the education
 law, as added by chapter 285 of the laws of 1986, is amended to read  as
 follows:

 S. 7506                            55                            A. 9506
 
   (a)  (I)  Graduate  science and technology entry program moneys may be
 used for recruitment, academic enrichment, career planning, supplemental
 financial assistance, review for licensing examinations, program  admin-
 istration,  and  other activities which the commissioner may deem appro-
 priate.  To  be  eligible for graduate collegiate science and technology
 entry program support, a student must be a resident  of  New  York  [who
 is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
 AND MUST BE either economically disadvantaged or from a  minority  group
 historically  underrepresented  in the scientific, technical and health-
 related professions. Eligible students must be in good  academic  stand-
 ing,  enrolled  full  time  in  an  approved  graduate level program, as
 defined by the regents.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, AN ALIEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED  STATES,  AN  INDIVIDUAL  OF  A  CLASS OF REFUGEES PAROLED BY THE
 ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE  AUTHORITY
 PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI-
 CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT
 THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL,  LIVED
 CONTINUOUSLY  IN  NEW  YORK  STATE  WHILE ATTENDING AN APPROVED NEW YORK
 STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION  OF  HIGHER
 EDUCATION  FOR  THE  GRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT, AND
 ATTENDED WITHIN TEN YEARS OF RECEIVING A  NEW  YORK  STATE  HIGH  SCHOOL
 DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, LIVED CONTINUOUSLY IN NEW YORK  STATE  WHILE
 ATTENDING  AN  APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY
 DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,  SUBSEQUENTLY
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED  THE  INSTITU-
 TION  OF  HIGHER  EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS
 SOUGHT WITHIN TEN YEARS OF RECEIVING A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGE AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H  OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIX THOUSAND TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   §  15.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (i)  the name, address and social security number [or], employer iden-
 tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
 TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  EIGH-
 TEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-

 S. 7506                            56                            A. 9506
 
 TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER  SHALL
 BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
   §  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
 TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
 THOUSAND  EIGHTEEN  THAT  AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
 TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
 NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
   § 17. The president of the higher education services corporation shall
 establish  an application form and procedures that shall allow a student
 applicant that meets the requirements set forth in subparagraph (ii)  of
 paragraph  a  or  subparagraph  (ii)  of paragraph b of subdivision 5 of
 section 661 of the education law to apply directly to the higher  educa-
 tion services corporation for applicable awards without having to submit
 information  to  any  other  state  or  federal  agency. All information
 contained with the applications filed with  such  corporation  shall  be
 deemed  confidential,  except  that the corporation shall be entitled to
 release information to participating institutions as necessary  for  the
 administration  of  financial  aid  programs  and to the extent required
 pursuant to article 6 of the public officers law or  otherwise  required
 by law.
   §  18.  The  higher  education  services  corporation is authorized to
 promulgate rules and regulations, and  may  promulgate  emergency  regu-
 lations, necessary for the implementation of the provisions of this act.
   §  19. This act shall take effect on the ninetieth day after the issu-
 ance of regulations and the development of an application  form  by  the
 president of the higher education services corporation or on the nineti-
 eth  day  after  it  shall  have become a law, whichever shall be later;
 provided, however, that:
   a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1)  of
 subdivision 7 of section 6206 of the education law made by section eight
 of  this act shall not affect the expiration of such paragraph and shall
 be deemed to expire therewith, when upon such  date  the  provisions  of
 section nine of this act shall take effect; and
   b.  the  president  of the higher education services corporation shall
 notify the legislative bill drafting commission upon the  occurrence  of
 the  issuance  of regulations and the development of an application form
 provided for in this section in order that the commission  may  maintain
 an  accurate  and timely effective data base of the official text of the
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.
 
                                  PART F
 
   Section 1. Section 7408 of the education law is amended  by  adding  a
 new subdivision 6 to read as follows:
   6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO
 LAWFULLY  ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI-
 CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF
 THE PARTNERSHIP LAW, OR ARTICLES TWELVE  AND  THIRTEEN  OF  THE  LIMITED

 S. 7506                            57                            A. 9506
 
 LIABILITY  COMPANY  LAW SHALL BE DEEMED ELIGIBLE TO REGISTER PURSUANT TO
 THIS SECTION.
   § 2. Section 1503 of the business corporation law is amended by adding
 a new paragraph (h) to read as follows:
   (H)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A PROFESSIONAL SERVICE CORPORATION FORMED  TO  LAWFULLY  ENGAGE  IN  THE
 PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
 UNDER  ARTICLE  ONE  HUNDRED  FORTY-NINE  OF  THE EDUCATION LAW SHALL BE
 REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY  OF  THE  OWNERSHIP  OF  THE
 FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
 SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-
 UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
 ALL  SHAREHOLDERS  OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL
 PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE  PRACTICE
 OF  PUBLIC  ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER
 SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION  LAW  OR  ARE  PUBLIC
 ACCOUNTANTS  LICENSED  UNDER  SECTION  SEVENTY-FOUR  HUNDRED FIVE OF THE
 EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE  FIRM
 AND  ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF
 REGENTS.   NOTWITHSTANDING THE PROVISIONS  OF  THIS  PARAGRAPH,  A  FIRM
 INCORPORATED  UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
 FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
 FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS".    EACH
 NON-LICENSEE  OWNER  OF  A  FIRM THAT IS INCORPORATED UNDER THIS SECTION
 SHALL BE A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE  BUSINESS  OF
 THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,
 "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER-
 WISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT  OF
 THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF INCORPO-
 RATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE
 WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED
 BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION.
   § 3. Section 1507 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
   (C)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
 FIFTEEN  HUNDRED  THREE  OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS
 WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A  PROFESSION  WHICH
 SUCH  CORPORATION  IS  AUTHORIZED  TO  PRACTICE AND WHO ARE OR HAVE BEEN
 ENGAGED IN THE PRACTICE OF SUCH PROFESSION  IN  SUCH  CORPORATION  OR  A
 PREDECESSOR  ENTITY,  OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES-
 SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES  ARE
 ISSUED  AND  MAY  ALSO  ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT
 LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
   (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF  STOCK  OF
 THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
   (II)  AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC
 ACCOUNTANTS,
   (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED  PUBLIC
 ACCOUNTANTS,
   (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
 CHIEF EXECUTIVE OFFICER OR OFFICERS ARE  CERTIFIED  PUBLIC  ACCOUNTANTS.
 NO  SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR-
 PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
 OF SECTION FIFTEEN HUNDRED THREE OF THIS  ARTICLE  SHALL  ENTER  INTO  A
 VOTING  TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN

 S. 7506                            58                            A. 9506
 
 ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME  CORPORATION,
 THE  AUTHORITY  TO  EXERCISE  VOTING  POWER  OF ANY OR ALL OF HIS OR HER
 SHARES. ALL  SHARES  ISSUED,  AGREEMENTS  MADE  OR  PROXIES  GRANTED  IN
 VIOLATION OF THIS SECTION SHALL BE VOID.
   § 4. Section 1508 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
   (C)  THE  DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI-
 NESS PURPOSE OF INCORPORATING  AS  A  PROFESSIONAL  SERVICE  CORPORATION
 PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI-
 CLE  MAY  INCLUDE  INDIVIDUALS  WHO  ARE NOT LICENSED TO PRACTICE PUBLIC
 ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST  FIFTY-ONE  PERCENT  OF  THE
 DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
 THE  CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
 CER OR OFFICERS ARE AUTHORIZED BY  LAW  TO  PRACTICE  IN  THIS  STATE  A
 PROFESSION  WHICH  SUCH  CORPORATION  IS AUTHORIZED TO PRACTICE, AND ARE
 EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN  THE  PRACTICE  OF
 THEIR PROFESSIONS IN SUCH CORPORATION.
   § 5. Section 1509 of the business corporation law, as amended by chap-
 ter 550 of the laws of 2011, is amended to read as follows:
 § 1509. Disqualification   of   shareholders,  directors,  officers  and
           employees.
   If any shareholder, director, officer or employee  of  a  professional
 service  corporation,  including  a  design  professional service corpo-
 ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF  INCORPORAT-
 ING  AS  A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF
 SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who  has  been  rendering
 professional service to the public becomes legally disqualified to prac-
 tice  his  profession  within  this state, he shall sever all employment
 with, and financial interests (other than interests as a  creditor)  in,
 such  corporation  forthwith or as otherwise provided in section 1510 of
 this article. All provisions of law regulating the rendering of  profes-
 sional  services  by  a  person  elected or appointed to a public office
 shall be applicable to a shareholder, director, officer and employee  of
 such  corporation  in the same manner and to the same extent as if fully
 set forth herein. Such legal disqualification to practice his profession
 within this state shall be deemed to constitute an irrevocable offer  by
 the  disqualified  shareholder  to  sell  his shares to the corporation,
 pursuant to the provisions of section 1510 of this  article  or  of  the
 certificate of incorporation, by-laws or agreement among the corporation
 and all shareholders, whichever is applicable. Compliance with the terms
 of  such  offer  shall be specifically enforceable in the courts of this
 state. A professional service corporation's failure to  enforce  compli-
 ance with this provision shall constitute a ground for forfeiture of its
 certificate of incorporation and its dissolution.
   § 6. Paragraph (a) of section 1511 of the business corporation law, as
 amended  by  chapter 550 of the laws of 2011, is amended and a new para-
 graph (c) is added to read as follows:
   (a) No shareholder of a professional service corporation [or], INCLUD-
 ING a design professional service corporation, OR ANY  FIRM  ESTABLISHED
 FOR  THE  BUSINESS  PURPOSE  OF  INCORPORATING AS A PROFESSIONAL SERVICE
 CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN  HUNDRED  THREE
 OF  THIS  ARTICLE,  may  sell or transfer his shares in such corporation
 except to another individual who is eligible to have  shares  issued  to
 him  by  such  corporation  or except in trust to another individual who
 would be eligible to receive shares if he were employed  by  the  corpo-
 ration.  Nothing  herein  contained  shall  be construed to prohibit the

 S. 7506                            59                            A. 9506
 
 transfer of shares by operation of law or by court decree.  No transfer-
 ee of shares by operation of law or court decree may vote the shares for
 any purpose whatsoever except with respect  to  corporate  action  under
 sections  909 and 1001 of this chapter. The restriction in the preceding
 sentence shall not apply, however, where such transferee would be eligi-
 ble to have shares issued to him if he were an employee  of  the  corpo-
 ration  and,  if  there are other shareholders, a majority of such other
 shareholders shall fail to redeem the shares so transferred, pursuant to
 section 1510 of this article, within sixty  days  of  receiving  written
 notice  of  such  transfer. Any sale or transfer, except by operation of
 law or court decree or except for a corporation having only  one  share-
 holder,  may be made only after the same shall have been approved by the
 board of directors, or at a shareholders' meeting specially  called  for
 such  purpose  by  such  proportion,  not  less  than a majority, of the
 outstanding shares as may be provided in  the  certificate  of  incorpo-
 ration  or  in  the by-laws of such professional service corporation. At
 such shareholders' meeting the shares held by the shareholder  proposing
 to  sell  or  transfer  his  shares  may not be voted or counted for any
 purpose, unless all shareholders consent that such shares  be  voted  or
 counted.  The certificate of incorporation or the by-laws of the profes-
 sional service corporation, or the professional service corporation  and
 the  shareholders  by  private  agreement, may provide, in lieu of or in
 addition to the foregoing provisions, for the alienation of  shares  and
 may  require  the  redemption  or purchase of such shares by such corpo-
 ration at prices and in a manner specifically  set  forth  therein.  The
 existence  of  the  restrictions  on  the sale or transfer of shares, as
 contained in this article and, if  applicable,  in  the  certificate  of
 incorporation,  by-laws,  stock  purchase or stock redemption agreement,
 shall be noted conspicuously on the face or back  of  every  certificate
 for  shares  issued  by  a professional service corporation. Any sale or
 transfer in violation of such restrictions shall be void.
   (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS  A
 PROFESSIONAL  SERVICE  CORPORATION  PURSUANT TO PARAGRAPH (H) OF SECTION
 FIFTEEN HUNDRED THREE OF THIS ARTICLE,  SHALL  PURCHASE  OR  REDEEM  THE
 SHARES  OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR
 HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
 A FIRM ESTABLISHED FOR  THE  BUSINESS  PURPOSE  OF  INCORPORATING  AS  A
 PROFESSIONAL  SERVICE  CORPORATION  PURSUANT TO PARAGRAPH (H) OF SECTION
 FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
 OR REDEEM THE SHARES OF A TERMINATED  NON-LICENSED  PROFESSIONAL  SHARE-
 HOLDER  IF  SUCH  SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE
 SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION  PURSUANT  TO
 THIS ARTICLE.
   § 7. Paragraph (a) of section 1512 of the business corporation law, as
 amended  by  chapter  550  of  the  laws  of 2011, is amended to read as
 follows:
   (a) Notwithstanding any other provision of law, the name of a  profes-
 sional  service  corporation,  including  a  design professional service
 corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF  INCOR-
 PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H)
 OF  SECTION  FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word
 which, at the time of incorporation, could be used  in  the  name  of  a
 partnership  practicing a profession which the corporation is authorized
 to practice, and may not contain any word which could  not  be  used  by
 such  a  partnership.    Provided,  however,  the name of a professional
 service corporation may not contain the name of a deceased person unless

 S. 7506                            60                            A. 9506
 
   (1) such person's name was part of the corporate name at the  time  of
 such person's death; or
   (2) such person's name was part of the name of an existing partnership
 and at least two-thirds of such partnership's partners become sharehold-
 ers of the corporation.
   § 8. Section 1514 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
   (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A  PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
 FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE  EVERY  THREE
 YEARS  ON  OR  BEFORE  THE  DATE  PRESCRIBED BY THE LICENSING AUTHORITY,
 FURNISH A STATEMENT TO THE LICENSING AUTHORITY  LISTING  THE  NAMES  AND
 RESIDENCE  ADDRESSES  OF  EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH
 CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND  AT  ALL  TIMES
 OVER THE ENTIRE THREE YEAR PERIOD THAT:
   (I)  AT  LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF
 THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
   (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND  WERE  CERTI-
 FIED PUBLIC ACCOUNTANTS,
   (III)  AT  LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI-
 FIED PUBLIC ACCOUNTANTS,
   (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND  THE
 CHIEF  EXECUTIVE  OFFICER  OR  OFFICERS  ARE  AND  WERE CERTIFIED PUBLIC
 ACCOUNTANTS.
 THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY  CERTIFIED  PUBLIC
 ACCOUNTANT  VICE-PRESIDENT  AND  ATTESTED  TO  BY  THE  SECRETARY OR ANY
 ASSISTANT SECRETARY OF THE CORPORATION.
   § 9. Paragraph (d) of section 1525 of the business corporation law, as
 added by chapter 505 of the laws of 1983, is amended to read as follows:
   (d) "Foreign professional service corporation"  means  a  professional
 service corporation, whether or not denominated as such, organized under
 the  laws of a jurisdiction other than this state, all of the sharehold-
 ers, directors and officers of which  are  authorized  and  licensed  to
 practice  the  profession  for  which such corporation is licensed to do
 business; except that all shareholders,  directors  and  officers  of  a
 foreign  professional service corporation which provides health services
 in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE  CORPORATION  FORMED  TO
 LAWFULLY  ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE
 IS DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, OR
 EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJOR-
 ITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF  FINANCIAL  INTERESTS,
 INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND VOTING RIGHTS HELD BY THE
 FIRM'S OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE  PUBLIC
 ACCOUNTANCY  IN  SOME  STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN
 PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
 THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
 THIS STATE, HOLD A  VALID  LICENSE  ISSUED  UNDER  SECTION  SEVENTY-FOUR
 HUNDRED  FOUR  OF  THE  EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED
 UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION  LAW.  ALTHOUGH
 FIRMS  MAY  INCLUDE  NON-LICENSEE  OWNERS,  THE FIRM AND ITS OWNERS MUST
 COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.    NOTWITH-
 STANDING  THE  FOREGOING,  A  FIRM REGISTERED UNDER THIS SECTION MAY NOT
 HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE  WORDS  "CERTI-
 FIED  PUBLIC  ACCOUNTANT,"  OR  "CERTIFIED  PUBLIC  ACCOUNTANTS," OR THE
 ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS

 S. 7506                            61                            A. 9506
 
 OPERATING UNDER THIS SECTION SHALL BE  A  NATURAL  PERSON  WHO  ACTIVELY
 PARTICIPATES  IN  THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED ENTITIES,
 PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A
 NATURAL  PERSON  WHO  ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY
 THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF  THIS  SUBDIVISION,
 "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHER-
 WISE  INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF
 THE FIRM.
   § 10. Subdivision (q) of section 121-1500 of the partnership  law,  as
 amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
 follows:
   (q) Each partner of a registered limited liability partnership  formed
 to  provide  medical services in this state must be licensed pursuant to
 article 131 of the education law to practice medicine in this state  and
 each  partner  of  a  registered limited liability partnership formed to
 provide dental services in this state must be licensed pursuant to arti-
 cle 133 of the education law to practice dentistry in this state.   Each
 partner  of a registered limited liability partnership formed to provide
 veterinary services in this state must be licensed pursuant  to  article
 135  of the education law to practice veterinary medicine in this state.
 EACH PARTNER OF A REGISTERED LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO
 PROVIDE  PUBLIC  ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS
 IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,  MUST  BE
 LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC
 ACCOUNTANCY  IN THIS STATE. Each partner of a registered limited liabil-
 ity partnership formed to provide professional engineering, land survey-
 ing, geological services, architectural and/or  landscape  architectural
 services in this state must be licensed pursuant to article 145, article
 147  and/or  article 148 of the education law to practice one or more of
 such professions in this state. Each partner  of  a  registered  limited
 liability  partnership  formed  to provide licensed clinical social work
 services in this state must be licensed pursuant to article 154  of  the
 education law to practice clinical social work in this state. Each part-
 ner  of  a  registered  limited  liability partnership formed to provide
 creative arts therapy services in this state must be  licensed  pursuant
 to article 163 of the education law to practice creative arts therapy in
 this  state.  Each partner of a registered limited liability partnership
 formed to provide marriage and family therapy  services  in  this  state
 must  be  licensed pursuant to article 163 of the education law to prac-
 tice marriage and family therapy in this state. Each partner of a regis-
 tered limited liability partnership  formed  to  provide  mental  health
 counseling  services  in this state must be licensed pursuant to article
 163 of the education law to practice mental health  counseling  in  this
 state. Each partner of a registered limited liability partnership formed
 to provide psychoanalysis services in this state must be licensed pursu-
 ant  to  article  163 of the education law to practice psychoanalysis in
 this state. Each partner of a registered limited  liability  partnership
 formed  to  provide applied behavior analysis service in this state must
 be licensed or certified pursuant to article 167 of the education law to
 practice applied behavior analysis in this  state.  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS  OF  LAW  A  LIMITED  LIABILITY  PARTNERSHIP FORMED TO
 LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
 IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
 REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
 FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN-
 SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID-

 S. 7506                            62                            A. 9506
 
 UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT
 ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
 BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
 ACCOUNTANCY  IN  THIS  STATE,  HOLD A VALID LICENSE ISSUED UNDER SECTION
 7404 OF THE EDUCATION LAW  OR  ARE  PUBLIC  ACCOUNTANTS  LICENSED  UNDER
 SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
 SEE  OWNERS,  THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
 BY THE STATE BOARD OF REGENTS. NOTWITHSTANDING  THE  FOREGOING,  A  FIRM
 REGISTERED  UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
 FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
 FIED PUBLIC ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH  NON-
 LICENSEE  OWNER  OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL
 BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
 FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY,  INCLUDING,  BUT  NOT
 LIMITED  TO,  A  PARTNERSHIP  OR PROFESSIONAL CORPORATION, PROVIDED EACH
 BENEFICIAL OWNER OF AN EQUITY INTEREST  IN  SUCH  ENTITY  IS  A  NATURAL
 PERSON  WHO  ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
 OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION,  "ACTIVELY
 PARTICIPATE"  MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI-
 VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   § 11. Subdivision (q) of section 121-1502 of the partnership  law,  as
 amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
 follows:
   (q) Each partner of a  foreign  limited  liability  partnership  which
 provides  medical  services  in  this state must be licensed pursuant to
 article 131 of the education law to practice medicine in the  state  and
 each  partner  of a foreign limited liability partnership which provides
 dental services in the state must be licensed pursuant to article 133 of
 the education law to practice dentistry in this state. Each partner of a
 foreign limited liability partnership which provides veterinary  service
 in  the state shall be licensed pursuant to article 135 of the education
 law to practice veterinary medicine in this state.  Each  partner  of  a
 foreign  limited liability partnership which provides professional engi-
 neering, land surveying, geological services, architectural and/or land-
 scape architectural services in this state must be licensed pursuant  to
 article  145,  article  147  and/or  article 148 of the education law to
 practice one or more of such professions.   EACH PARTNER  OF  A  FOREIGN
 REGISTERED  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  PUBLIC
 ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
 AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED  PURSUANT
 TO  ARTICLE  149  OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN
 THIS STATE. Each partner of  a  foreign  limited  liability  partnership
 which provides licensed clinical social work services in this state must
 be  licensed  pursuant  to  article 154 of the education law to practice
 licensed clinical social work in this state. Each partner of  a  foreign
 limited  liability  partnership  which  provides  creative  arts therapy
 services in this state must be licensed pursuant to article 163  of  the
 education  law  to  practice  creative  arts therapy in this state. Each
 partner of  a  foreign  limited  liability  partnership  which  provides
 marriage  and  family  therapy  services  in this state must be licensed
 pursuant to article 163 of the education law to  practice  marriage  and
 family  therapy in this state. Each partner of a foreign limited liabil-
 ity partnership which provides mental health counseling services in this
 state must be licensed pursuant to article 163 of the education  law  to
 practice  mental  health  counseling  in  this  state. Each partner of a
 foreign limited  liability  partnership  which  provides  psychoanalysis

 S. 7506                            63                            A. 9506
 
 services  in  this state must be licensed pursuant to article 163 of the
 education law to practice psychoanalysis in this state. Each partner  of
 a  foreign limited liability partnership which provides applied behavior
 analysis  services  in this state must be licensed or certified pursuant
 to article 167 of the education law to practice applied behavior  analy-
 sis  in  this  state.    NOTWITHSTANDING  ANY  OTHER PROVISIONS OF LAW A
 FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE  IN  THE
 PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
 UNDER  ARTICLE  149  OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1)
 THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF  FINAN-
 CIAL  INTERESTS,  INCLUDING  OWNERSHIP-BASED  COMPENSATION,  AND  VOTING
 RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS  TO  INDIVIDUALS  LICENSED  TO
 PRACTICE  PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF
 A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE  OF  BUSI-
 NESS  IS  IN  THIS  STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
 ACCOUNTANCY IN THIS STATE, HOLD A VALID  LICENCE  ISSUED  UNDER  SECTION
 7404  OF  THE  EDUCATION  LAW  OR  ARE PUBLIC ACCOUNTANTS LICENSED UNDER
 SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
 SEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH  RULES  PROMULGATED
 BY  THE  STATE  BOARD  OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM
 REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE
 FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
 FIED  PUBLIC  ACCOUNTANTS,"  OR THE ABBREVIATIONS "CPA" OR "CPAS."  EACH
 NON-LICENSEE OWNER OF A FIRM THAT IS  INCORPORATED  UNDER  THIS  SECTION
 SHALL  BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
 OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT
 NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH
 BENEFICIAL OWNER OF AN EQUITY INTEREST  IN  SUCH  ENTITY  IS  A  NATURAL
 PERSON  WHO  ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM
 OR ITS AFFILIATED ENTITIES.  FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
 PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
 VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   §  12.  Subdivision  (h) of section 121-101 of the partnership law, as
 added by chapter 950 of the laws of 1990, is amended to read as follows:
   (h) "Limited partnership" and  "domestic  limited  partnership"  mean,
 unless  the  context otherwise requires, a partnership (i) formed by two
 or more persons pursuant to this article or which complies with subdivi-
 sion (a) of section 121-1202 of this article and (ii) having one or more
 general partners and one or more limited partners.  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
 NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
 AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
 TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
 OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
 SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
 BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
 STATE,  AND  (2)  THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
 LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
 AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
 HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION  LAW  OR
 ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW.
 ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS
 MUST COMPLY WITH RULES  PROMULGATED  BY  THE  STATE  BOARD  OF  REGENTS.
 NOTWITHSTANDING  THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
 NOT HAVE NON-LICENSEE OWNERS IF  THE  FIRM'S  NAME  INCLUDES  THE  WORDS
 "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE

 S. 7506                            64                            A. 9506
 
 ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS
 REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
 PARTICIPATES  IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
 (2)  AN  ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES-
 SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
 IN SUCH ENTITY IS A NATURAL PERSON  WHO  ACTIVELY  PARTICIPATES  IN  THE
 BUSINESS  CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
 OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
 CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE  DAY-TO-DAY  BUSI-
 NESS OR MANAGEMENT OF THE FIRM.
   § 13. Subdivision (b) of section 1207 of the limited liability company
 law,  as  amended by chapter 475 of the laws of 2014, is amended to read
 as follows:
   (b) With respect to a professional service limited  liability  company
 formed to provide medical services as such services are defined in arti-
 cle  131  of  the  education  law, each member of such limited liability
 company must be licensed pursuant to article 131 of the education law to
 practice medicine in this state.  With respect to a professional service
 limited liability company formed to  provide  dental  services  as  such
 services are defined in article 133 of the education law, each member of
 such  limited liability company must be licensed pursuant to article 133
 of the education law to practice dentistry in this state.  With  respect
 to  a  professional  service limited liability company formed to provide
 veterinary services as such services are defined in article 135  of  the
 education  law,  each  member  of such limited liability company must be
 licensed pursuant to article 135 of the education law to practice veter-
 inary medicine in this state. With respect  to  a  professional  service
 limited  liability  company  formed to provide professional engineering,
 land surveying, architectural, landscape architectural and/or geological
 services as such services are defined in article 145,  article  147  and
 article  148 of the education law, each member of such limited liability
 company must be licensed pursuant to article  145,  article  147  and/or
 article  148  of  the  education  law  to  practice  one or more of such
 professions in this state.   WITH  RESPECT  TO  A  PROFESSIONAL  SERVICE
 LIMITED  LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
 AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE  EDUCATION  LAW  EACH
 MEMBER  OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
 NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
 BE LICENSED PURSUANT TO ARTICLE 149 OF THE  EDUCATION  LAW  TO  PRACTICE
 PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
 limited  liability  company  formed  to provide licensed clinical social
 work services as such services are defined in article 154 of the  educa-
 tion  law,  each  member  of  such  limited  liability  company shall be
 licensed pursuant to article  154  of  the  education  law  to  practice
 licensed  clinical  social work in this state. With respect to a profes-
 sional service limited liability company formed to provide creative arts
 therapy services as such services are defined  in  article  163  of  the
 education  law,  each  member  of such limited liability company must be
 licensed pursuant to article 163 of the education law to practice  crea-
 tive  arts therapy in this state. With respect to a professional service
 limited liability company formed to provide marriage and family  therapy
 services  as  such  services are defined in article 163 of the education
 law, each member of such limited  liability  company  must  be  licensed
 pursuant  to  article  163 of the education law to practice marriage and
 family therapy in this state. With respect  to  a  professional  service
 limited  liability  company  formed  to provide mental health counseling

 S. 7506                            65                            A. 9506
 
 services as such services are defined in article 163  of  the  education
 law,  each  member  of  such  limited liability company must be licensed
 pursuant to article 163 of the education law to practice  mental  health
 counseling in this state. With respect to a professional service limited
 liability  company  formed  to  provide  psychoanalysis services as such
 services are defined in article 163 of the education law, each member of
 such limited liability company must be licensed pursuant to article  163
 of  the  education  law  to  practice psychoanalysis in this state. With
 respect to a professional service limited liability  company  formed  to
 provide  applied behavior analysis services as such services are defined
 in article 167 of the education law, each member of such limited liabil-
 ity company must be licensed or certified pursuant to article 167 of the
 education law to practice  applied  behavior  analysis  in  this  state.
 NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  LAW  A PROFESSIONAL SERVICE
 LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE  PRACTICE  OF
 PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI-
 CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE
 MAJORITY  OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,
 INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS  HELD  BY  THE
 FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
 ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES-
 SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI-
 NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN  THE  PRACTICE  OF  PUBLIC
 ACCOUNTANCY  IN  THIS  STATE,  HOLD A VALID LICENSE ISSUED UNDER SECTION
 7404 OF THE EDUCATION LAW  OR  ARE  PUBLIC  ACCOUNTANTS  LICENSED  UNDER
 SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICEN-
 SEE  OWNERS,  THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED
 BY THE STATE BOARD OF REGENTS.   NOTWITHSTANDING THE FOREGOING,  A  FIRM
 REGISTERED  UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE
 FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
 FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS  "CPA"  OR  "CPAS."  EACH
 NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL
 BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
 FIRM  OR  ITS  AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT
 LIMITED TO, A PARTNERSHIP OR  PROFESSIONAL  CORPORATION,  PROVIDED  EACH
 BENEFICIAL  OWNER  OF  AN  EQUITY  INTEREST  IN SUCH ENTITY IS A NATURAL
 PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY  THE  FIRM
 OR  ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
 PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
 VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   § 14. Subdivision (a) of section 1301 of the limited liability company
 law,  as  amended by chapter 475 of the laws of 2014, is amended to read
 as follows:
   (a) "Foreign professional service limited liability company"  means  a
 professional  service  limited liability company, whether or not denomi-
 nated as such, organized under the laws of  a  jurisdiction  other  than
 this state, (i) each of whose members and managers, if any, is a profes-
 sional  authorized  by  law to render a professional service within this
 state and who is or has been engaged in the practice of such  profession
 in  such professional service limited liability company or a predecessor
 entity, or will engage in the practice of such profession in the profes-
 sional service limited liability company within thirty days of the  date
 such  professional becomes a member, or each of whose members and manag-
 ers, if any, is a professional at least one of such members  is  author-
 ized  by  law to render a professional service within this state and who
 is or has been engaged in  the  practice  of  such  profession  in  such

 S. 7506                            66                            A. 9506

 professional  service limited liability company or a predecessor entity,
 or will engage in the practice of such profession  in  the  professional
 service  limited  liability  company within thirty days of the date such
 professional  becomes  a  member,  or  (ii)  authorized by, or holding a
 license, certificate, registration or permit  issued  by  the  licensing
 authority  pursuant  to,  the  education  law  to  render a professional
 service within this state; except that all members and managers, if any,
 of  a  foreign  professional  service  limited  liability  company  that
 provides  health services in this state shall be licensed in this state.
 With respect to a foreign professional service limited liability company
 which provides veterinary services as such services are defined in arti-
 cle 135 of the education law, each member of such  foreign  professional
 service  limited liability company shall be licensed pursuant to article
 135 of the education law to practice veterinary medicine.  With  respect
 to  a  foreign  professional  service  limited  liability  company which
 provides medical services as such services are defined in article 131 of
 the education law, each member  of  such  foreign  professional  service
 limited  liability  company  must be licensed pursuant to article 131 of
 the education law to practice medicine in this state.  With respect to a
 foreign professional service limited liability  company  which  provides
 dental  services  as  such  services  are  defined in article 133 of the
 education law, each member of such foreign professional service  limited
 liability company must be licensed pursuant to article 133 of the educa-
 tion  law to practice dentistry in this state. With respect to a foreign
 professional service limited liability company  which  provides  profes-
 sional engineering, land surveying, geologic, architectural and/or land-
 scape  architectural  services  as  such services are defined in article
 145, article 147 and article 148 of the education law,  each  member  of
 such  foreign  professional  service  limited  liability company must be
 licensed pursuant to article 145, article 147 and/or article 148 of  the
 education law to practice one or more of such professions in this state.
 WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
 WHICH  PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
 IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
 SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
 NESS  IS  IN  THIS  STATE  AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
 SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO  PRAC-
 TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
 sional  service  limited liability company which provides licensed clin-
 ical social work services as such services are defined in article 154 of
 the education law, each member  of  such  foreign  professional  service
 limited  liability  company shall be licensed pursuant to article 154 of
 the education law to practice clinical social work in this  state.  With
 respect  to  a  foreign  professional  service limited liability company
 which provides creative arts  therapy  services  as  such  services  are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to article 163 of the education law to practice creative arts therapy in
 this  state.  With  respect  to  a  foreign professional service limited
 liability company which provides marriage and family therapy services as
 such services are defined in article 163  of  the  education  law,  each
 member  of  such  foreign professional service limited liability company
 must be licensed pursuant to article 163 of the education law  to  prac-
 tice  marriage  and  family  therapy  in  this  state. With respect to a
 foreign professional service limited liability  company  which  provides
 mental  health counseling services as such services are defined in arti-

 S. 7506                            67                            A. 9506

 cle 163 of the education law, each member of such  foreign  professional
 service  limited  liability company must be licensed pursuant to article
 163 of the education law to practice mental health  counseling  in  this
 state.  With respect to a foreign professional service limited liability
 company which provides psychoanalysis  services  as  such  services  are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to  article  163 of the education law to practice psychoanalysis in this
 state. With respect to a foreign professional service limited  liability
 company  which  provides  applied  behavior  analysis  services  as such
 services are defined in article 167 of the education law, each member of
 such foreign professional service  limited  liability  company  must  be
 licensed  or  certified  pursuant to article 167 of the education law to
 practice applied behavior analysis in this  state.  NOTWITHSTANDING  ANY
 OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
 COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
 AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
 TION  LAW  SHALL  BE  REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
 OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
 SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY  THE  FIRM'S  OWNERS,
 BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
 STATE, AND (2) THAT  ALL  MEMBERS  OF  A  FOREIGN  LIMITED  PROFESSIONAL
 SERVICE  LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS
 IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY
 IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER  SECTION  7404  OF  THE
 EDUCATION  LAW  OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF
 THE EDUCATION LAW, ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE  OWNERS,  THE
 FIRM  AND  ITS  OWNERS  MUST  COMPLY WITH RULES PROMULGATED BY THE STATE
 BOARD OF REGENTS.   NOTWITHSTANDING THE  FOREGOING,  A  FIRM  REGISTERED
 UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
 INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
 ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE
 OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION  SHALL  BE  (1)  A
 NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR
 ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING,  BUT  NOT  LIMITED
 TO,  A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL
 OWNER OF AN EQUITY INTEREST IN SUCH  ENTITY  IS  A  NATURAL  PERSON  WHO
 ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  CONDUCTED  BY THE FIRM OR ITS
 AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC-
 IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY
 TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   § 15. This act shall take effect immediately.
 
                                  PART G

   Section 1. Subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of
 subdivision 8 of section 404 of the social services law are REPEALED.
   § 2. Section 11 of subpart A of part G of chapter 57 of  the  laws  of
 2012, amending the social services law and the family court act relating
 to establishing a juvenile justice services close to home initiative, is
 amended to read as follows:
   §  11.  This  act  shall take effect April 1, 2012 and shall expire on
 March 31, [2018] 2023 when upon such date the  provisions  of  this  act
 shall be deemed repealed; provided, however, that effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are

 S. 7506                            68                            A. 9506
 
 authorized  and  directed  to  be  made  and completed on or before such
 effective date; provided, however, upon the repeal of this act, a social
 services district that has custody of a juvenile delinquent pursuant  to
 an  approved  juvenile  justice  services close to home initiative shall
 retain custody of such juvenile delinquent until custody may be  legally
 transferred  in  an orderly fashion to the office of children and family
 services.
   § 3. Section 7 of subpart B of part G of chapter 57  of  the  laws  of
 2012,  amending  the  social  services law, the family court act and the
 executive law relating to juvenile delinquents, is amended  to  read  as
 follows:
   §  7.  This  act  shall  take effect April 1, 2012 and shall expire on
 March 31, [2018] 2023 when upon such date the  provisions  of  this  act
 shall be deemed repealed; provided, however, that effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of this act on its effective date is author-
 ized and directed to be made and completed on or before  such  effective
 date.
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on March 31, 2018.
 
                                  PART H
 
   Section 1. 1. Notwithstanding the  time  period  required  for  notice
 pursuant  to  subdivision  15  of  section 501 of the executive law, the
 office of children and family services may close the Ella McQueen recep-
 tion center for boys and girls. At least thirty days prior to taking any
 such action, the commissioner of such office  shall  provide  notice  of
 such  action  to the speaker of the assembly and the temporary president
 of the senate and shall post such notice upon its public website.
   2. The commissioner of the office  of  children  and  family  services
 shall be authorized to conduct any and all preparatory actions which may
 be required to effectuate this closure.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section  1.  Section  9  of  part G of chapter 57 of the laws of 2013,
 amending the executive law and  the  social  services  law  relating  to
 consolidating  the  youth development and delinquency prevention program
 and the special delinquency prevention program, is amended  to  read  as
 follows:
   §  9.  This act shall take effect January 1, 2014 and shall expire and
 be deemed repealed on December 31, [2018] 2021.
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section 1. Section 4 of part K of chapter 57  of  the  laws  of  2012,
 amending the education law, relating to authorizing the board of cooper-
 ative educational services to enter into contracts with the commissioner
 of  children and family services to provide certain services, as amended
 by section 5 of part J of chapter 56 of laws of 2015, is amended to read
 as follows:

 S. 7506                            69                            A. 9506
 
   § 4. This act shall take effect July 1, 2012 and shall expire June 30,
 [2018] 2021 when upon such date the provisions  of  this  act  shall  be
 deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART K

   Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THE STATE OF NEW YORK.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
 section  131-o  of  the  social services law, as amended by section 1 of
 part P of chapter 56 of the  laws  of  2017,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$141.00] $144.00 for each month beginning on or after
 January first, two thousand [seventeen] EIGHTEEN.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$163.00] $166.00 for each month beginning on
 or after January first, two thousand [seventeen] EIGHTEEN.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$194.00] $198.00 for each month
 beginning on or after January first, two thousand [seventeen] EIGHTEEN.
   (d) for the period commencing January first, two  thousand  [eighteen]
 NINETEEN,  the monthly personal needs allowance shall be an amount equal
 to the sum of the amounts set forth in subparagraphs one and two of this
 paragraph:
   (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
 subdivision; and
   (2)  the  amount  in subparagraph one of this paragraph, multiplied by
 the percentage of any  federal  supplemental  security  income  cost  of
 living adjustment which becomes effective on or after January first, two
 thousand  [eighteen] NINETEEN, but prior to June thirtieth, two thousand
 [eighteen] NINETEEN, rounded to the nearest whole dollar.
   § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
 section  209 of the social services law, as amended by section 2 of part
 P of chapter 56 of the laws of 2017, are amended to read as follows:
   (a) On and after January first, two thousand [seventeen] EIGHTEEN, for
 an eligible individual living  alone,  [$822.00]  $837.00;  and  for  an
 eligible couple living alone, [$1,207.00] $1,229.00.
   (b) On and after January first, two thousand [seventeen] EIGHTEEN, for
 an  eligible  individual  living  with  others  with  or without in-kind
 income, [$758.00] $773.00; and for an eligible couple living with others
 with or without in-kind income, [$1,149.00] $1,171.00.
   (c) On and after January first, two thousand [seventeen] EIGHTEEN, (i)
 for an eligible individual receiving family care, [$1,001.48]  $1,016.48
 if he or she is receiving such care in the city of New York or the coun-
 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
 couple  receiving  family  care in the city of New York or the county of
 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
 in subparagraph (i) of this paragraph; or (iii) for an eligible individ-

 S. 7506                            70                            A. 9506
 
 ual receiving such care in any other  county  in  the  state,  [$963.48]
 $978.48;  and  (iv)  for  an  eligible couple receiving such care in any
 other county in the state, two times the amount set  forth  in  subpara-
 graph (iii) of this paragraph.
   (d) On and after January first, two thousand [seventeen] EIGHTEEN, (i)
 for  an  eligible  individual  receiving  residential  care, [$1,170.00]
 $1,185.00 if he or she is receiving such care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
 eligible  couple  receiving  residential care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
 amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
 eligible individual receiving such care  in  any  other  county  in  the
 state,  [$1,140.00] $1,155.00; and (iv) for an eligible couple receiving
 such care in any other county in the state, two  times  the  amount  set
 forth in subparagraph (iii) of this paragraph.
   (e) (i) On and after January first, two thousand [seventeen] EIGHTEEN,
 for   an   eligible  individual  receiving  enhanced  residential  care,
 [$1,429.00]  $1,444.00;  and  (ii)  for  an  eligible  couple  receiving
 enhanced  residential  care,  two times the amount set forth in subpara-
 graph (i) of this paragraph.
   (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
 vision shall be increased to reflect any increases  in  federal  supple-
 mental  security income benefits for individuals or couples which become
 effective on or after January first, two  thousand  [eighteen]  NINETEEN
 but prior to June thirtieth, two thousand [eighteen] NINETEEN.
   § 3. This act shall take effect December 31, 2018.
 
                                  PART M
 
   Section 1. Subdivision 14 of section 131-a of the social services law,
 as  added  by  section 1 of part H of chapter 58 of the laws of 2014, is
 amended to read as follows:
   14. In determining the  need  for  aid  provided  pursuant  to  public
 assistance  programs,  each person living with [clinical/symptomatic HIV
 illness or AIDS] MEDICALLY DIAGNOSED HIV INFECTION  AS  DEFINED  BY  THE
 AIDS  INSTITUTE OF THE DEPARTMENT OF HEALTH in social services districts
 with a population over five million who is  receiving  services  through
 such  district's administrative unit providing HIV/AIDS services, public
 assistance and earned and/or unearned income, shall not be  required  to
 pay  more  than  thirty  percent  of  his  or  her monthly earned and/or
 unearned income toward the cost of rent that such person  has  a  direct
 obligation  to  pay;  this  provision  shall not apply to room and board
 arrangements.
   § 2. Section 131-a of the social services law is amended by  adding  a
 new subdivision 15 to read as follows:
   15.  IN  DETERMINING  THE  NEED  FOR  AID  PROVIDED PURSUANT TO PUBLIC
 ASSISTANCE  PROGRAMS,  EACH  PUBLIC  ASSISTANCE  RECIPIENT  LIVING  WITH
 MEDICALLY  DIAGNOSED  HIV  INFECTION AS DEFINED BY THE AIDS INSTITUTE OF
 THE DEPARTMENT OF HEALTH IN SOCIAL SERVICES DISTRICTS WITH A  POPULATION
 OF  FIVE MILLION OR FEWER, AT LOCAL OPTION AND IN ACCORDANCE WITH A PLAN
 APPROVED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,  MAY  NOT
 BE REQUIRED TO PAY MORE THAN THIRTY PERCENT OF HIS OR HER MONTHLY EARNED
 AND/OR  UNEARNED  INCOME  TOWARD THE COST OF RENT THAT SUCH PERSON HAS A
 DIRECT OBLIGATION TO PAY; THIS PROVISION SHALL NOT  APPLY  TO  ROOM  AND
 BOARD ARRANGEMENTS.

 S. 7506                            71                            A. 9506
 
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, that the  commissioner  of  the  office  of
 temporary  and  disability assistance may promulgate all rules and regu-
 lations necessary to implement the provisions of this act on an emergen-
 cy basis.
 
                                  PART N
 
   Section  1.  Notwithstanding  any  other provision of law, the housing
 trust fund corporation may provide, for purposes  of  the  rural  rental
 assistance  program  pursuant  to  article  17-a  of the private housing
 finance law, a sum not to exceed $23,649,000 for the fiscal year  ending
 March  31, 2019. Notwithstanding any other provision of law, and subject
 to the approval of the New York state director of the budget, the  board
 of  directors  of  the state of New York mortgage agency shall authorize
 the transfer to the housing trust fund corporation, for the purposes  of
 reimbursing  any  costs  associated with rural rental assistance program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $23,649,000,  such  transfer  to be made from (i) the special account of
 the mortgage insurance fund created pursuant to section  2429-b  of  the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2017-2018  in accordance with section 2429-b of the public
 authorities law, if any, and/or (ii) provided that the reserves  in  the
 project  pool  insurance  account of the mortgage insurance fund created
 pursuant to section 2429-b of the public authorities law are  sufficient
 to  attain and maintain the credit rating (as determined by the state of
 New York mortgage agency) required to accomplish the  purposes  of  such
 account,  the  project  pool insurance account of the mortgage insurance
 fund, such transfer to be made as soon as practicable but no later  than
 June 30, 2018.
   §  2.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes of the neighborhood preserva-
 tion program, a sum not to exceed $8,479,000 for the fiscal year  ending
 March 31, 2019.  Notwithstanding any other provision of law, and subject
 to  the approval of the New York state director of the budget, the board
 of directors of the state of New York mortgage  agency  shall  authorize
 the  transfer to the housing trust fund corporation, for the purposes of
 reimbursing any costs associated with neighborhood preservation  program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $8,479,000, such transfer to be made from (i) the special account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the special account of the mortgage insurance fund,  as  determined  and
 certified  by  the state of New York mortgage agency for the fiscal year
 2017-2018 in accordance with section 2429-b of  the  public  authorities
 law,  if any, and/or (ii) provided that the reserves in the project pool
 insurance account of the mortgage insurance  fund  created  pursuant  to
 section  2429-b  of  the public authorities law are sufficient to attain
 and maintain the credit rating (as determined by the state of  New  York
 mortgage  agency)  required  to accomplish the purposes of such account,
 the project pool insurance account of the mortgage insurance fund,  such
 transfer  to  be  made as soon as practicable but no later than June 30,
 2018.

 S. 7506                            72                            A. 9506
 
   § 3. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may  provide,  for purposes of the rural preservation
 program, a sum not to exceed $3,539,000 for the fiscal year ending March
 31, 2019.  Notwithstanding any other provision of law,  and  subject  to
 the  approval of the New York state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing  any  costs  associated  with  rural  preservation   program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $3,539,000, such transfer to be made from (i) the special account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the special account of the mortgage insurance fund,  as  determined  and
 certified  by  the state of New York mortgage agency for the fiscal year
 2017-2018 in accordance with section 2429-b of  the  public  authorities
 law,  if any, and/or (ii) provided that the reserves in the project pool
 insurance account of the mortgage insurance  fund  created  pursuant  to
 section  2429-b  of  the public authorities law are sufficient to attain
 and maintain the credit rating (as determined by the state of  New  York
 mortgage  agency)  required  to accomplish the purposes of such account,
 the project pool insurance account of the mortgage insurance fund,  such
 transfer  to  be  made as soon as practicable but no later than June 30,
 2018.
   § 4. Notwithstanding any other provision of law, the homeless  housing
 and  assistance  corporation  may  provide, for purposes of the New York
 state supportive housing program,  the  solutions  to  end  homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified grantees under those programs, in accordance with the requirements
 of  those  programs,  a sum not to exceed $8,333,000 for the fiscal year
 ending March 31, 2019. The homeless housing and  assistance  corporation
 may  enter into an agreement with the office of temporary and disability
 assistance to administer such sum in accordance with the requirements of
 the programs. Notwithstanding any other provision of law, and subject to
 the approval of the New York state director of the budget, the board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the homeless housing and assistance corporation, a total sum
 not to exceed $8,333,000, such transfer to be made from (i) the  special
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law, in an amount  not  to  exceed  the
 actual  excess  balance in the special account of the mortgage insurance
 fund, as determined and certified by the  state  of  New  York  mortgage
 agency  for  the fiscal year 2017-2018 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law
 are sufficient to attain and maintain the credit rating  (as  determined
 by  the  state  of  New York mortgage agency) required to accomplish the
 purposes of such account, the project  pool  insurance  account  of  the
 mortgage insurance fund, such transfer to be made as soon as practicable
 but no later than March 31, 2019.
   § 5. This act shall take effect immediately.
 
                                  PART O
 
   Section  1.  Paragraph  (c) of subdivision 2 of section 1 of part A of
 chapter 85 of the laws of 2017, relating to creating the  Lake  Ontario-

 S. 7506                            73                            A. 9506
 
 St.  Lawrence  Seaway  flood recovery and International Joint Commission
 Plan 2014 mitigation grant program, as amended by section 2 of part J of
 chapter 61 of the laws of 2017, is amended to read as follows:
   (c)  The New York state urban development corporation shall administer
 this grant program, which shall not exceed in the aggregate  $15,000,000
 PLUS  ANY  FUNDS DIRECTED FROM THE PROGRAMS AUTHORIZED IN SUBDIVISIONS 3
 AND 4 OF THIS SECTION. Such corporation and other relevant  state  agen-
 cies  and  state  authorities  are  hereby  empowered to establish grant
 guidelines and additional eligibility criteria as  deemed  necessary  to
 effectuate  the administration of this program. Any grant guidelines and
 eligibility criteria established by the  corporation  pursuant  to  this
 subdivision  shall  be  equivalent to, and shall not be more restrictive
 than, those established by the New York State Urban  Development  Corpo-
 ration,  doing  business as the Empire State Development Corporation, in
 the grant programs it administered pursuant to part H of chapter  56  of
 the  laws of 2011. In providing assistance pursuant to this subdivision,
 the New York state urban development corporation shall  give  preference
 to  applicants  that  demonstrate  the greatest need, based on available
 flood damage data provided by applicable state and/or federal agencies.
   § 2. Paragraph (c) of subdivision 3 of section 1 of part A of  chapter
 85  of  the  laws  of  2017,  relating  to creating the Lake Ontario-St.
 Lawrence Seaway flood recovery and International Joint  Commission  Plan
 2014  mitigation  grant  program,  as  amended by section 2 of part J of
 chapter 61 of the laws of 2017, is amended to read as follows:
   (c) The affordable housing corporation  shall  administer  this  grant
 program,  which  shall  not exceed in the aggregate $15,000,000 PLUS ANY
 FUNDS DIRECTED FROM THE PROGRAMS AUTHORIZED IN SUBDIVISIONS 2 AND  4  OF
 THIS  SECTION. Such corporation and other relevant state agency or state
 authorities are hereby empowered to establish grant guidelines and addi-
 tional eligibility criteria as deemed necessary to effectuate the admin-
 istration of this program.  Any grant guidelines and eligibility  crite-
 ria established by the corporation pursuant to this subdivision shall be
 equivalent to, and shall not be more restrictive than, those established
 by  the  New York State Urban Development Corporation, doing business as
 the Empire State Development  Corporation,  in  the  grant  programs  it
 administered  pursuant  to part H of chapter 56 of the laws of 2011.  In
 providing assistance pursuant to this subdivision, the affordable  hous-
 ing corporation shall give preference to applicants that demonstrate the
 greatest need, based on available flood damage data provided by applica-
 ble state and/or federal agencies.
   §  3. Paragraph (c) of subdivision 4 of section 1 of part A of chapter
 85 of the laws of  2017,  relating  to  creating  the  Lake  Ontario-St.
 Lawrence  Seaway  flood recovery and International Joint Commission Plan
 2014 mitigation grant program, as amended by section  2  of  part  J  of
 chapter 61 of the laws of 2017, is amended to read as follows:
   (c)  The  housing  trust  fund corporation shall administer this grant
 program, which shall not exceed in the aggregate  $15,000,000  PLUS  ANY
 FUNDS  DIRECTED  FROM THE PROGRAMS AUTHORIZED IN SUBDIVISIONS 2 AND 3 OF
 THIS SECTION. Such corporation, and other  relevant  state  agencies  or
 state authorities, is hereby empowered to establish grant guidelines and
 additional  eligibility  criteria,  based on available flood damage data
 provided by applicable state and/or federal agencies, as it deems neces-
 sary to effectuate the administration of this program.  Any grant guide-
 lines and eligibility criteria established by the  corporation  pursuant
 to  this  subdivision  shall  be  equivalent  to,  and shall not be more
 restrictive than, those established by the New York State Urban Develop-

 S. 7506                            74                            A. 9506
 
 ment Corporation, doing business as the Empire State Development  Corpo-
 ration,  in  the  grant  programs  it administered pursuant to part H of
 chapter 56 of the laws of 2011.   In providing  assistance  pursuant  to
 this  subdivision,  the  corporation shall give preference to applicants
 that demonstrate the greatest need, based on available flood damage data
 provided by applicable state and/or federal agencies.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, 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 judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through O of this act shall  be
 as specifically set forth in the last section of such Parts.

2017-A9506A - Details

Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2017-A9506A - Summary

2017-A9506A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9506--A
 
                           I N  A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read once and referred to the  Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to contracts  for  excel-
   lence  and  the apportionment of public moneys; to amend the education
   law, in relation to a teacher diversity study; to amend the  education
   law, in relation to reporting requirements of school level funding; to
   amend the education law, in relation to supplemental basic tuition; to
   amend  the  education  law,  in relation to charter school tuition and
   facility aid for charter schools;  to  amend  the  education  law,  in
   relation  to  supplemental public excess cost aid; to amend the educa-
   tion law, in relation to the amount of the supplemental basic  tuition
   for  charter  schools;  to amend the education law, in relation to the
   consumer price index; to amend the education law, in relation to total
   foundation aid; to amend the education law, in relation to the  effec-
   tiveness  of  provisions  relating to BOCES intermediate districts; to
   amend the education law, in relation to aid for career  education;  to
   amend  the  education  law,  in relation to building aid; to amend the
   education law, in relation to full day kindergarten aid; to amend  the
   education  law,  in relation to academic enhancement aid; to amend the
   education law, in relation to high tax aid;  to  amend  the  education
   law,  in  relation  to  universal  pre-kindergarten  aid; to amend the
   education law, in relation to the statewide  universal  full-day  pre-
   kindergarten  program; to ratify and validate the actions or omissions
   of any school district relating to the submission of a fiscal building
   cost report; to amend the education law,  in  relation  to  state  aid
   adjustments;  to  amend  the  education law, in relation to payment of
   moneys due for prior years; to amend the education law, in relation to
   the teachers of tomorrow teacher recruitment and retention program; to
   amend the education law, in  relation  to  teacher  certification;  to
   amend  the  education  law,  in relation to universal pre-kindergarten
   expansion; to amend the education law, in relation to class sizes  for
   special  classes  containing  certain  students  with disabilities; to
   amend the education law, in relation to a fiscal  stabilization  fund;
   to  amend  the  education  law, in relation to tuition methodology; to
   amend chapter 756 of the laws of 1992, relating to funding  a  program

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12672-02-8

 A. 9506--A                          2
 
   for work force education conducted by the consortium for worker educa-
   tion in New York city, in relation to reimbursements for the 2018-2019
   school  year;  to  amend  chapter 756 of the laws of 1992, relating to
   funding a program for work force education conducted by the consortium
   for  worker  education  in New York city, in relation to withholding a
   portion of employment preparation education aid and in relation to the
   effectiveness thereof; to amend the  education  law,  in  relation  to
   class sizes for special classes containing certain students with disa-
   bilities; to amend the education law, in relation to employment prepa-
   ration  education  programs;  to amend 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,  in  relation to the effectiveness thereof; to provide
   for  an  increase  in  reimbursable  costs  for  special  services  or
   programs; to amend chapter 89 of the laws of 2016, relating to supple-
   mentary  funding  for dedicated programs for public school students in
   the East Ramapo central school district, in relation to the effective-
   ness thereof; to amend chapter 147 of the laws of 2001,  amending  the
   education  law relating to conditional appointment of school district,
   charter school or BOCES employees, in relation  to  the  effectiveness
   thereof; to amend 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, in relation to the expira-
   tion of certain provisions; to amend chapter 425 of the laws of  2002,
   amending  the  education 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, in relation to the effectiveness thereof; to amend chapter 101
   of the laws of 2003, amending the education law relating to  implemen-
   tation  of  the  No  Child Left Behind Act of 2001, in relation to the
   effectiveness thereof; to amend chapter 56 of the laws of 2014, amend-
   ing the education law relating to  providing  that  standardized  test
   scores  shall  not  be  included  on  a student's permanent record, in
   relation to the expiration of certain provisions; to amend the  educa-
   tion  law,  in  relation to requiring the commissioner of education to
   include certain information  in  the  official  score  report  of  all
   students;  relating to school bus driver training; relating to special
   apportionment for salary expenses and public pension accruals;  relat-
   ing  to  suballocations of appropriations; relating to the city school
   district of the city of Rochester; relating to  total  foundation  aid
   for  the  purpose  of  the  development,  maintenance  or expansion of
   certain magnet schools or magnet school  programs  for  the  2017-2018
   school  year;  relating  to  the support of public libraries; to amend
   chapter 507 of the laws of 1974, relating to providing for the  appor-
   tionment  of  state  monies to certain nonpublic schools, to reimburse
   them for their expenses in complying with certain  state  requirements
   for  the  administration  of state testing and evaluation programs and
   for participation in state programs for the reporting of basic  educa-
   tional  data,  in  relation  to  the calculation of nonpublic schools'
   eligibility to receive aid; to amend chapter 121 of the laws  of  1996
   relating  to  authorizing  the Roosevelt union free school district to
   finance deficits by the issuance  of  serial  bonds,  in  relation  to
   certain  apportionments;  to  amend  the education law, in relation to
   exempting BOCES capital  expenditures  from  certain  limitations;  to
   amend  the  general  municipal  law,  in relation to insurance reserve
   funds of the Mamaroneck union free school  district  ;  to  amend  the

 A. 9506--A                          3
 
   general   municipal  law,  in  relation  to  allowing  certain  school
   districts and boards of cooperative educational services to  establish
   a  retirement  contribution  reserve  fund for the purposes of the New
   York  state  teachers'  retirement system; providing for the repeal of
   such provisions upon expiration thereof; to repeal section 3602-ee  of
   the  education  law  relating thereto (Part A); to amend the education
   law and chapter 537 of the laws of 1976, relating to  paid,  free  and
   reduced   price  breakfast  for  eligible  pupils  in  certain  school
   districts, in relation to prohibiting  lunch  shaming  and  to  school
   breakfast and lunch programs (Part B); intentionally omitted (Part C);
   to  amend  the education law, in relation to participation in recovery
   high school programs (Part D); to amend the education law, in relation
   to creating the New York DREAM fund commission;  eligibility  require-
   ments  and  conditions  governing general awards, academic performance
   awards and student  loans;  eligibility  requirements  for  assistance
   under  the  higher  education  opportunity programs and the collegiate
   science and technology entry program; financial aid opportunities  for
   students  of  the state university of New York, the city university of
   New York and community colleges; and the program requirements for  the
   New  York  state college choice tuition savings program; and to repeal
   subdivision 3 of section 661 of such law relating  thereto  (Part  E);
   intentionally  omitted  (Part  F);  to amend chapter 57 of the laws of
   2012 amending the social services law and the family court act  relat-
   ing  to  establishing a juvenile justice services close to home initi-
   ative, and amending the social services law, the family court act  and
   the  executive  law  relating  to juvenile delinquents, in relation to
   extending the close to home  (CTH)  initiative  and  juvenile  justice
   reforms an additional five years (Part G); intentionally omitted (Part
   H);  to  amend  part G of chapter 57 of the laws of 2013, amending the
   executive law and the social services law  relating  to  consolidating
   the  youth  development  and  delinquency  prevention  program and the
   special delinquency prevention program, in relation to extending  such
   provisions  (Part  I);  to  amend  part K of chapter 57 of the laws of
   2012, amending the education law, relating to authorizing the board of
   cooperative educational services to  enter  into  contracts  with  the
   commissioner  of  children  and  family  services  to  provide certain
   services, in relation to the effectiveness thereof (Part J); to  amend
   the  public authorities law, in relation to adding the office of chil-
   dren and family services to the list of entities to whom the dormitory
   authority of the state of New York (DASNY) is  authorized  to  provide
   capital design and construction services (Part K); to amend the social
   services  law, in relation to increasing the standards of monthly need
   for aged, blind and disabled persons living in the community (Part L);
   to amend the social services law, in relation to a rental subsidy  for
   public assistance recipients living with HIV/AIDS (Part M); to utilize
   reserves  in the mortgage insurance fund for various housing purposes;
   and to amend chapter 56 of the laws of  2017,  relating  to  utilizing
   reserves  in the mortgage insurance fund for various housing purposes,
   in relation to transferring reserves to the general fund (Part N);  to
   amend  chapter  85  of the laws of 2017, relating to creating the Lake
   Ontario-St. Lawrence Seaway flood  recovery  and  International  Joint
   Commission  Plan 2014 mitigation grant program, in relation to utiliz-
   ing reserves in  the  mortgage  insurance  fund  for  various  housing
   purposes (Part O); to amend the labor law, in relation to hours, wages
   and  supplements  in  contracts for public work (Part P); to amend the
   lien law, in relation to employee liens; to amend the  labor  law,  in

 A. 9506--A                          4
 
   relation  to  employee complaints; to amend the civil practice law and
   rules, in relation to grounds for attachment; to  amend  the  business
   corporation  law, in relation to streamlining procedures where employ-
   ees   may   hold  shareholders  of  non-publicly  traded  corporations
   personally liable for wage theft; and to amend the  limited  liability
   company law, in relation to creating a right for victims of wage theft
   to  hold  the  ten  members  with the largest ownership interests in a
   company personally liable for wage theft (Part Q); to amend the educa-
   tion law, in relation to public university  and  foundation  oversight
   (Part R); to amend the education law, in relation to funding for SUNY,
   CUNY  and  SUNY  health  sciences centers (Part S); to amend the state
   finance law, in relation to five-year  capital  plans  for  the  state
   university  of  New York and the city university of New York (Part T);
   to amend the state finance law, in relation to establishing  the  SUNY
   Stony Brook Eastern Long Island Hospital Affiliation escrow fund (Part
   U);  to  amend  the  education  law, in relation to creating a firearm
   violence research institute (Part V); to amend the education  law,  in
   relation to the excelsior scholarship (Part W); to amend the education
   law, in relation to establishing the Martin Luther King, Jr.  scholar-
   ship (Part X); to amend the education law, in relation to the enhanced
   tuition awards (Part Y); to amend the social services law, in relation
   to  exemption  from participation in work activities for applicants or
   recipients of public assistance providing  child  care  (Part  Z);  to
   amend  the  state finance law, in relation to the local share require-
   ments associated with increasing the  age  of  juvenile  jurisdiction;
   repealing  section 54-m of the state finance law relating thereto; and
   to repeal section 104-a of part WWW of chapter 59 of the laws of  2017
   relating  to  proceedings  against  juvenile and adolescent offenders,
   relating to costs associated with the transport of youth (Part AA); to
   amend the education law, in relation to the New  York  state  science,
   technology,  engineering  and mathematics incentive program (Part BB);
   to amend the education law, in relation to authorizing reduced tuition
   for residents of areas impacted by a declared disaster (Part  CC);  to
   amend  the  social services law, in relation to establishing the home-
   less rental supplement pilot program (Part DD); to  amend  the  social
   services  law,  in  relation  to  authorizing  certain social services
   district to offer a savings plan for individuals to contribute  to  in
   lieu  of  applying a portion of a temporary housing assistance recipi-
   ent's earned income (Part EE); to amend  the  education  law  and  the
   state  finance  law,  in relation to charter schools (Part FF); and to
   amend the labor law, in relation  to  the  administration  of  certain
   workforce investment funds (Part GG)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 which are necessary to implement the state fiscal plan for the 2018-2019
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through GG. The effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of this act", when used in connection with that  particular  component,
 shall  be  deemed  to mean and refer to the corresponding section of the

 A. 9506--A                          5
 
 Part in which it is found. Section three of  this  act  sets  forth  the
 general effective date of this act.

                                  PART A
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion  law, as amended by section 1 of part YYY of chapter 59 of the laws
 of 2017, is amended to read as follows:
   e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
 district  that  submitted a contract for excellence for the two thousand
 eight--two thousand nine school year shall submit a contract for  excel-
 lence  for  the  two  thousand  nine--two  thousand  ten  school year in
 conformity with the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of this section unless all schools in the district are
 identified as in good standing  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 nine--two thousand ten school year, unless all schools in  the  district
 are  identified  as in good standing, shall submit a contract for excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than  the  product  of  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
 district's  gap  elimination  adjustment percentage and provided further
 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for excellence for the two thousand twelve--two thousand thir-
 teen school  year  which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the  two  thousand  eleven--two  thousand  twelve  school  year  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  twelve--two  thousand  thirteen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year  and  provided  further  that,  a  school district that submitted a
 contract for excellence for  the  two  thousand  thirteen--two  thousand
 fourteen  school year, unless all schools in the district are identified
 as in good standing, shall submit a contract for excellence for the  two
 thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand  fourteen  school  year;  and  provided  further that, a school
 district that submitted a contract for excellence for the  two  thousand
 fourteen--two  thousand  fifteen  school year, unless all schools in the
 district are identified as in good standing, shall submit a contract for

 A. 9506--A                          6
 
 excellence for the two thousand  fifteen--two  thousand  sixteen  school
 year  which shall, notwithstanding the requirements of subparagraph (vi)
 of paragraph a of subdivision two  of  this  section,  provide  for  the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand sixteen--two thousand  seventeen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 seventeen--two  thousand eighteen school year which shall, notwithstand-
 ing the requirements of subparagraph (vi) of paragraph a of  subdivision
 two  of  this  section,  provide  for the expenditure of an amount which
 shall be not less than the amount approved by the  commissioner  in  the
 contract  for  excellence  for  the  two  thousand sixteen--two thousand
 seventeen school year; AND PROVIDED  FURTHER  THAT  NO  SCHOOL  DISTRICT
 SHALL  BE REQUIRED TO SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOU-
 SAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL  YEAR  AND  THEREAFTER.  For
 purposes  of this paragraph, the "gap elimination adjustment percentage"
 shall be calculated as the sum of one minus the quotient of the  sum  of
 the  school  district's  net gap elimination adjustment for two thousand
 ten--two thousand eleven computed pursuant to chapter fifty-three of the
 laws of two thousand ten,  making  appropriations  for  the  support  of
 government,  plus  the  school district's gap elimination adjustment for
 two thousand eleven--two thousand twelve as computed pursuant to chapter
 fifty-three of the laws of two thousand  eleven,  making  appropriations
 for  the  support  of the local assistance budget, including support for
 general support for public schools, divided by the total aid for adjust-
 ment computed pursuant to chapter fifty-three of the laws of  two  thou-
 sand  eleven,  making  appropriations  for  the local assistance budget,
 including support for general  support  for  public  schools.  Provided,
 further,  that  such  amount  shall  be expended to support and maintain
 allowable programs and activities approved in the two thousand nine--two
 thousand ten school  year  or  to  support  new  or  expanded  allowable
 programs and activities in the current year.
   §  2.  Section  305  of  the  education law is amended by adding a new
 subdivision 58 to read as follows:
   58. A. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN, THE
 COMMISSIONER SHALL PREPARE AND SUBMIT TO  THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT  OF  THE  SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT THAT
 PROVIDES AN OVERVIEW OF TEACHER DIVERSITY  THROUGHOUT  THE  STATE.  SUCH
 REPORT SHALL:
   (I) STUDY THE POTENTIAL BARRIERS TO: ACHIEVING DIVERSITY WITHIN TEACH-
 ER  PREPARATION PROGRAMS; OBTAINING AN INITIAL CERTIFICATE IN THE CLASS-
 ROOM TEACHING SERVICE; AND OBTAINING TEACHER CERTIFICATION AS A  TEACHER
 AIDE OR TEACHING ASSISTANT;

 A. 9506--A                          7
 
   (II)  INCLUDE  AVAILABLE DATA ON RACE, ETHNICITY, GENDER, AND AGE; THE
 EFFORTS HIGHER EDUCATION INSTITUTIONS WITH TEACHER PREPARATION  PROGRAMS
 ARE  TAKING TO RECRUIT AND RETAIN A DIVERSE STUDENT POPULATION INTO SUCH
 PROGRAMS; AND THE EFFORTS THAT THE  STATE  AND  SCHOOLS  ARE  TAKING  TO
 ATTRACT,  HIRE,  AND RETAIN CERTIFIED TEACHERS WHO REFLECT THE DIVERSITY
 WITHIN NEW YORK STATE'S SCHOOLS; AND
   (III) MAKE RECOMMENDATIONS ON PROGRAMS, PRACTICES  AND  POLICIES  THAT
 MAY  BE  IMPLEMENTED  BY  SCHOOLS  AND  TEACHER  PREPARATION PROGRAMS TO
 IMPROVE TEACHER DIVERSITY THROUGHOUT THE STATE.
   B. THE COMMISSIONER SHALL CONSULT WITH STAKEHOLDERS AND  OTHER  INTER-
 ESTED  PARTIES  WHEN  PREPARING SUCH REPORT. THE STATE UNIVERSITY OF NEW
 YORK, THE CITY UNIVERSITY OF NEW YORK,  THE  COMMISSION  ON  INDEPENDENT
 COLLEGES  AND  UNIVERSITIES,  AND  THE  PROPRIETARY  COLLEGE SECTOR WITH
 REGISTERED TEACHER EDUCATION PROGRAMS IN THIS STATE SHALL, TO THE EXTENT
 PRACTICABLE, IDENTIFY AND PROVIDE REPRESENTATIVES TO THE DEPARTMENT,  AT
 THE REQUEST OF THE COMMISSIONER, IN ORDER TO PARTICIPATE IN THE DEVELOP-
 MENT AND DRAFTING OF SUCH REPORT.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   §  5.  The  opening  paragraph  of  paragraph  (e) of subdivision 3 of
 section 2853 of the education law, as added by section 5 of part  BB  of
 chapter 56 of the laws of 2014, is amended to read as follows:
   In a city school district in a city having a population of one million
 or  more inhabitants, charter schools that first commence instruction or
 that require additional space due to an expansion of grade level, pursu-
 ant to this article, approved by their charter entity for the two  thou-
 sand  fourteen--two thousand fifteen school year [or thereafter] THROUGH
 THE TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN  SCHOOL  YEAR  and
 request co-location in a public school building shall be provided access
 to  facilities  pursuant to this paragraph for such charter schools that
 first commence instruction or that require additional space  due  to  an
 expansion  of  grade  level, pursuant to this article, approved by their
 charter entity for those grades newly provided.
   § 6. Subparagraph (vi) of paragraph (a) of subdivision  1  of  section
 2856  of the education law, as amended by section 4 of part YYY of chap-
 ter 59 of the laws of 2017, is amended to read as follows:
   (vi) for the two thousand eighteen--two thousand nineteen school year,
 the charter school basic tuition shall be the lesser of (A) the  product
 of  (i)  the  charter  school basic tuition calculated for the base year
 MINUS THE SUM OF (1) FIVE HUNDRED  DOLLARS  PLUS  (2)  THE  SUPPLEMENTAL
 BASIC  TUITION  CALCULATED  FOR  THE  TWO THOUSAND SIXTEEN--TWO THOUSAND
 SEVENTEEN SCHOOL YEAR, multiplied by (ii) the average of  the  quotients
 for  each  school year in the period commencing with the year five years
 prior to the base year and finishing with the year  prior  to  the  base
 year  of  the  total approved operating expense for such school district
 calculated pursuant to paragraph t of subdivision one of  section  thir-
 ty-six  hundred  two  of  this chapter for each such year divided by the
 total approved operating expense for such district for  the  immediately
 preceding  year,  provided  that the highest and lowest annual quotients
 shall be excluded from the  calculation  of  such  average  or  (B)  the
 quotient  of the total general fund expenditures for the school district
 calculated pursuant to an electronic data file created for  the  purpose
 of  compliance  with  paragraph  b  of subdivision twenty-one of section
 three hundred five of this chapter published annually on  May  fifteenth
 for  the  year  prior  to  the  base year divided by the total estimated
 public enrollment for the school district pursuant  to  paragraph  n  of

 A. 9506--A                          8
 
 subdivision  one  of  section thirty-six hundred two of this chapter for
 the year prior to the base year.
   §  6-a.  The  closing  paragraph  of paragraph (a) of subdivision 1 of
 section 2856 of the education law, as amended by section 4 of  part  YYY
 of chapter 59 of the laws of 2017, is amended to read as follows:
   For the purposes of this subdivision, the "supplemental basic tuition"
 shall  be  (A)  for a school district for which the charter school basic
 tuition computed for the current year is greater than or  equal  to  the
 charter  school  basic  tuition  for  the two thousand ten--two thousand
 eleven school year pursuant to the provisions  of  subparagraph  (i)  of
 this  paragraph, (1) for the two thousand fourteen--two thousand fifteen
 school year two hundred and fifty dollars, and (2) for the two  thousand
 fifteen--two  thousand  sixteen  school  year  three  hundred  and fifty
 dollars, and (3) for the two thousand  sixteen--two  thousand  seventeen
 school  year  five  hundred dollars, and (4) for the two thousand seven-
 teen--two thousand eighteen school year [and thereafter], the sum of (i)
 the supplemental basic tuition calculated for the two thousand  sixteen-
 -two  thousand seventeen school year plus (ii) five hundred dollars, and
 (B) for school years prior to the two thousand  seventeen--two  thousand
 eighteen school year, for a school district for which the charter school
 basic  tuition for the two thousand ten--two thousand eleven school year
 is greater than the charter school basic tuition for  the  current  year
 pursuant  to  the  provisions of subparagraph (i) of this paragraph, the
 positive difference of the charter school  basic  tuition  for  the  two
 thousand  ten--two  thousand eleven school year minus the charter school
 basic tuition for the current year pursuant to the provisions of subpar-
 agraph (i) of this paragraph and (C) for [school  years  following]  the
 two thousand sixteen--two thousand seventeen AND THE TWO THOUSAND SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN  school  years,  for a school district for
 which the charter school basic tuition for  the  two  thousand  ten--two
 thousand  eleven  school  year  is greater than the charter school basic
 tuition for the current year pursuant to the provisions of  subparagraph
 (i)  of  this  paragraph,  the sum of (i) the supplemental basic tuition
 calculated for the two thousand sixteen--two thousand  seventeen  school
 year plus (ii) five hundred dollars.
   §  7.  Subparagraph  (vi) of paragraph (a) of subdivision 1 of section
 2856 of the education law, as amended by section  4-a  of  part  YYY  of
 chapter 59 of the laws of 2017, is amended to read as follows:
   (vi) for the two thousand eighteen--two thousand nineteen school year,
 the  charter school basic tuition shall be the lesser of (A) the product
 of (i) the charter school basic tuition calculated  for  the  base  year
 MINUS  THE  SUM  OF  (1)  FIVE HUNDRED DOLLARS PLUS (2) THE SUPPLEMENTAL
 BASIC TUITION CALCULATED FOR  THE  TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
 SEVENTEEN  SCHOOL  YEAR, multiplied by (ii) the average of the quotients
 for each school year in the period commencing with the year  five  years
 prior  to  the  base  year and finishing with the year prior to the base
 year of the total approved operating expense for  such  school  district
 calculated  pursuant  to paragraph t of subdivision one of section thir-
 ty-six hundred two of this chapter for each such  year  divided  by  the
 total  approved  operating expense for such district for the immediately
 preceding year, provided that the highest and  lowest  annual  quotients
 shall  be  excluded  from  the  calculation  of  such average or (B) the
 quotient of the total general fund expenditures for the school  district
 calculated  pursuant  to an electronic data file created for the purpose
 of compliance with paragraph b  of  subdivision  twenty-one  of  section
 three  hundred  five of this chapter published annually on May fifteenth

 A. 9506--A                          9
 
 for the year prior to the base  year  divided  by  the  total  estimated
 public  enrollment  for  the  school district pursuant to paragraph n of
 subdivision one of section thirty-six hundred two of  this  chapter  for
 the year prior to the base year.
   §  7-a.  The  closing  paragraph  of paragraph (a) of subdivision 1 of
 section 2856 of the education law, as amended by section 4-a of part YYY
 of chapter 59 of the laws of 2017, is amended to read as follows:
   For the purposes of this subdivision, the "supplemental basic tuition"
 shall be (A) for a school district for which the  charter  school  basic
 tuition  computed  for  the current year is greater than or equal to the
 charter school basic tuition for  the  two  thousand  ten--two  thousand
 eleven  school  year  pursuant  to the provisions of subparagraph (i) of
 this paragraph, (1) for the two thousand fourteen--two thousand  fifteen
 school  year two hundred and fifty dollars, and (2) for the two thousand
 fifteen--two thousand  sixteen  school  year  three  hundred  and  fifty
 dollars,  and  (3)  for the two thousand sixteen--two thousand seventeen
 school year five hundred dollars, and (4) for the  two  thousand  seven-
 teen--two thousand eighteen school year [and thereafter], the sum of (i)
 the  supplemental basic tuition calculated for the two thousand sixteen-
 -two thousand seventeen school year plus (ii) five hundred dollars,  and
 (B)  for  school years prior to the two thousand seventeen--two thousand
 eighteen school year, for a school district for which the charter school
 basic tuition for the two thousand ten--two thousand eleven school  year
 is  greater  than  the charter school basic tuition for the current year
 pursuant to the provisions of subparagraph (i) of  this  paragraph,  the
 positive  difference  of  the  charter  school basic tuition for the two
 thousand ten--two thousand eleven school year minus the  charter  school
 basic tuition for the current year pursuant to the provisions of subpar-
 agraph  (i)  of  this paragraph and (C) for [school years following] the
 two thousand sixteen--two thousand seventeen AND THE TWO THOUSAND SEVEN-
 TEEN--TWO THOUSAND EIGHTEEN school years,  for  a  school  district  for
 which  the  charter  school  basic tuition for the two thousand ten--two
 thousand eleven school year is greater than  the  charter  school  basic
 tuition  for the current year pursuant to the provisions of subparagraph
 (i) of this paragraph, the sum of (i)  the  supplemental  basic  tuition
 calculated  for  the two thousand sixteen--two thousand seventeen school
 year plus (ii) five hundred dollars.
   § 8. Paragraph (d) of subdivision 1 of section 2856 of  the  education
 law,  as  amended  by section 4 of part YYY of chapter 59 of the laws of
 2017, is amended to read as follows:
   (d) School districts shall be eligible  for  an  annual  apportionment
 equal  to  the  amount of the supplemental basic tuition for the charter
 school in the base year for the expenses incurred in  the  two  thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen, two thousand sixteen--two thousand seventeen [school years] and
 [thereafter] TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEARS,
 PROVIDED HOWEVER SUCH PAYMENT SHALL BE MADE  IN  THE  CURRENT  YEAR  FOR
 EXPENSES  INCURRED  IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
 SCHOOL YEAR.
   § 8-a. Paragraph (c) of subdivision 1 of section 2856 of the education
 law, as amended by section 4-a of part YYY of chapter 59 of the laws  of
 2017, is amended to read as follows:
   (c)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand

 A. 9506--A                         10
 
 sixteen, two thousand sixteen--two thousand seventeen [school years] and
 [thereafter] TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEARS,
 PROVIDED  HOWEVER  SUCH  PAYMENT  SHALL  BE MADE IN THE CURRENT YEAR FOR
 EXPENSES  INCURRED  IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN
 SCHOOL YEAR.
   § 9. Subdivision 1 of section 3602 of the education law is amended  by
 adding a new paragraph hh to read as follows:
   HH. "CONSUMER PRICE INDEX" SHALL MEAN THE QUOTIENT OF: (I) THE AVERAGE
 OF  THE  NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES
 DEPARTMENT OF LABOR FOR THE TWELVE-MONTH PERIOD PRECEDING JANUARY  FIRST
 OF  THE  CURRENT  YEAR  MINUS THE AVERAGE OF THE NATIONAL CONSUMER PRICE
 INDEXES DETERMINED BY THE UNITED STATES  DEPARTMENT  OF  LABOR  FOR  THE
 TWELVE-MONTH  PERIOD  PRECEDING JANUARY FIRST OF THE PRIOR YEAR; DIVIDED
 BY (II) THE AVERAGE OF THE NATIONAL CONSUMER PRICE INDEXES DETERMINED BY
 THE UNITED STATES  DEPARTMENT  OF  LABOR  FOR  THE  TWELVE-MONTH  PERIOD
 PRECEDING  JANUARY FIRST OF THE PRIOR YEAR, WITH THE RESULT EXPRESSED AS
 A DECIMAL TO THREE PLACES.
   § 9-a. Subdivision 4 of section 3602 of the education law, as  amended
 by  section  16-a  of  part  YYY  of  chapter 59 of the laws of 2017, is
 amended to read as follows:
   4. Total foundation aid. In addition to any other apportionment pursu-
 ant to this chapter, a school district, other than a special act  school
 district as defined in subdivision eight of section four thousand one of
 this  chapter,  shall  be eligible for total foundation aid equal to the
 product of total  aidable  foundation  pupil  units  multiplied  by  the
 district's  selected  foundation aid, which shall be the greater of five
 hundred dollars ($500) or foundation formula aid, provided, however that
 for the two thousand seven--two  thousand  eight  through  two  thousand
 eight--two  thousand nine school years, no school district shall receive
 total foundation aid in excess of the sum of the  total  foundation  aid
 base  for  aid  payable  in  the  two thousand seven--two thousand eight
 school year computed pursuant to subparagraph  (i)  of  paragraph  j  of
 subdivision  one  of this section, plus the phase-in foundation increase
 computed pursuant to paragraph  b  of  this  subdivision,  and  provided
 further  that  for the two thousand twelve--two thousand thirteen school
 year, no school district shall receive total foundation aid in excess of
 the sum of the total foundation aid base for  aid  payable  in  the  two
 thousand  eleven--two  thousand  twelve school year computed pursuant to
 subparagraph (ii) of paragraph j of subdivision  one  of  this  section,
 plus  the  phase-in foundation increase computed pursuant to paragraph b
 of this subdivision, and provided further  that  for  the  two  thousand
 thirteen--two  thousand  fourteen  school year and thereafter, no school
 district shall receive total foundation aid in excess of the sum of  the
 total  foundation  aid  base  computed  pursuant to subparagraph (ii) of
 paragraph j of subdivision one of this section, plus the phase-in  foun-
 dation  increase  computed  pursuant to paragraph b of this subdivision,
 and provided further that for the  two  thousand  sixteen--two  thousand
 seventeen  school year, no eligible school districts shall receive total
 foundation aid in excess of the sum of the  total  foundation  aid  base
 computed pursuant to subparagraph (ii) of paragraph j of subdivision one
 of  this  section  plus the sum of (A) the phase-in foundation increase,
 (B) the executive foundation increase with a minimum  increase  pursuant
 to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU-
 NITY  SCHOOLS  AID" in the computer listing produced by the commissioner
 in support  of  the  executive  budget  request  for  the  two  thousand
 sixteen--two  thousand  seventeen  school  year  and entitled "BT161-7",

 A. 9506--A                         11
 
 where (1) "eligible school district" shall be defined as a district with
 (a) an unrestricted aid increase of less than seven percent  (0.07)  and
 (b)  a  three  year average free and reduced price lunch percent greater
 than  fifteen  percent (0.15), and (2) "unrestricted aid increase" shall
 mean the quotient arrived at when dividing (a) the sum of the  executive
 foundation aid increase plus the gap elimination adjustment for the base
 year, by (b) the difference of foundation aid for the base year less the
 gap elimination adjustment for the base year, and (3) "executive founda-
 tion  increase"  shall  mean the difference of (a) the amounts set forth
 for each school district as "FOUNDATION AID" under the heading  "2016-17
 ESTIMATED  AIDS"  in  the  school  aid  computer listing produced by the
 commissioner in support of the executive  budget  request  for  the  two
 thousand  sixteen--two  thousand  seventeen  school  year  and  entitled
 "BT161-7" less (b) the amounts set forth for  each  school  district  as
 "FOUNDATION  AID"  under  the  heading  "2015-16 BASE YEAR AIDS" in such
 computer listing and provided further that total  foundation  aid  shall
 not  be  less than the product of the total foundation aid base computed
 pursuant to paragraph j of subdivision one of this section and the  due-
 minimum  percent  which shall be, for the two thousand twelve--two thou-
 sand thirteen school year, one hundred and  six-tenths  percent  (1.006)
 and for the two thousand thirteen--two thousand fourteen school year for
 city  school  districts  of those cities having populations in excess of
 one hundred twenty-five thousand and less than one  million  inhabitants
 one  hundred and one and one hundred and seventy-six thousandths percent
 (1.01176), and for all other  districts  one  hundred  and  three-tenths
 percent (1.003), and for the two thousand fourteen--two thousand fifteen
 school year one hundred and eighty-five hundredths percent (1.0085), and
 for  the  two  thousand  fifteen--two  thousand sixteen school year, one
 hundred thirty-seven hundredths percent (1.0037), subject to  allocation
 pursuant  to  the provisions of subdivision eighteen of this section and
 any provisions of a chapter of the laws of New York as described  there-
 in,  nor more than the product of such total foundation aid base and one
 hundred fifteen percent for any school year other than the two  thousand
 seventeen--two  thousand  eighteen  school year, provided, however, that
 for the two thousand sixteen--two thousand seventeen  school  year  such
 maximum  shall  be no more than the sum of (i) the product of such total
 foundation aid base and one hundred fifteen percent plus (ii) the execu-
 tive foundation increase and plus (iii) "COMMUNITY SCHOOLS AID"  in  the
 computer  listing  produced by the commissioner in support of the execu-
 tive budget request for the two thousand sixteen--two thousand seventeen
 school year and entitled "BT161-7" and provided further that for the two
 thousand nine--two thousand ten through two thousand  eleven--two  thou-
 sand twelve school years, each school district shall receive total foun-
 dation  aid  in an amount equal to the amount apportioned to such school
 district for the two  thousand  eight--two  thousand  nine  school  year
 pursuant to this subdivision. Total aidable foundation pupil units shall
 be  calculated  pursuant  to  paragraph  g  of  subdivision  two of this
 section. For the purposes of calculating aid pursuant to  this  subdivi-
 sion,  aid for the city school district of the city of New York shall be
 calculated on a citywide basis.
   a. Foundation formula aid. Foundation  formula  aid  shall  equal  the
 remainder  when  the  expected  minimum local contribution is subtracted
 from the product of the foundation amount, the regional cost index,  and
 the  pupil  need  index,  or: (foundation amount x regional cost index x
 pupil need index)- expected minimum local contribution.

 A. 9506--A                         12
 
   (1) The foundation amount shall reflect the average per pupil cost  of
 general  education instruction in successful school districts, as deter-
 mined by a statistical analysis of the costs of  special  education  and
 general  education  in  successful  school  districts, provided that the
 foundation  amount  shall be adjusted annually to reflect the percentage
 increase in the consumer price index [as computed  pursuant  to  section
 two  thousand  twenty-two of this chapter] AS DEFINED BY PARAGRAPH HH OF
 SUBDIVISION ONE OF THIS SECTION, provided  that  for  the  two  thousand
 eight--two  thousand  nine  school year, for the purpose of such adjust-
 ment, the percentage increase in  the  consumer  price  index  shall  be
 deemed  to  be two and nine-tenths percent (0.029), and provided further
 that the foundation amount for  the  two  thousand  seven--two  thousand
 eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
 dollars, and provided further that for the two thousand seven--two thou-
 sand eight through two thousand seventeen--two thousand eighteen  school
 years,  the  foundation amount shall be further adjusted by the phase-in
 foundation percent established pursuant to paragraph b of this  subdivi-
 sion.
   (2)  The regional cost index shall reflect an analysis of labor market
 costs based on median salaries in professional occupations that  require
 similar  credentials  to  those of positions in the education field, but
 not including those occupations in the education  field,  provided  that
 the regional cost indices for the two thousand seven--two thousand eight
 school year and thereafter shall be as follows:
           Labor Force Region  Index
           Capital District    1.124
           Southern Tier       1.045
           Western New York    1.091
           Hudson Valley       1.314
           Long Island/NYC     1.425
           Finger Lakes        1.141
           Central New York    1.103
           Mohawk Valley       1.000
           North Country       1.000
   (3)  The pupil need index shall equal the sum of one plus the extraor-
 dinary needs percent, provided, however, that the pupil need index shall
 not be less than one nor more than two. The extraordinary needs  percent
 shall  be  calculated pursuant to paragraph w of subdivision one of this
 section.
   (4) The expected minimum local contribution shall equal the lesser  of
 (i)  the product of (A) the quotient arrived at when the selected actual
 valuation is divided by total wealth foundation pupil units,  multiplied
 by  (B)  the  product  of the local tax factor, multiplied by the income
 wealth index, or (ii) the product of (A) the product of  the  foundation
 amount, the regional cost index, and the pupil need index, multiplied by
 (B)  the  positive  difference,  if  any, of one minus the state sharing
 ratio for total foundation aid. The local tax  factor  shall  be  estab-
 lished by May first of each year by determining the product, computed to
 four  decimal  places  without rounding, of ninety percent multiplied by
 the quotient of the sum of the statewide average tax rate as computed by
 the commissioner for the current year in accordance with the  provisions
 of  paragraph  e of subdivision one of section thirty-six hundred nine-e
 of this part plus the statewide average tax rate computed by the commis-
 sioner for the base year in accordance with  such  provisions  plus  the
 statewide  average  tax  rate  computed by the commissioner for the year
 prior to the base year in accordance with such  provisions,  divided  by

 A. 9506--A                         13
 
 three,  provided  however  that for the two thousand seven--two thousand
 eight school year, such local tax factor shall  be  sixteen  thousandths
 (0.016), and provided further that for the two thousand eight--two thou-
 sand  nine  school  year,  such  local  tax  factor shall be one hundred
 fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
 calculated pursuant to paragraph d of subdivision three of this section,
 provided, however, that for the purposes of computing the expected mini-
 mum  local  contribution  the income wealth index shall not be less than
 sixty-five percent (0.65) and shall not be more than two hundred percent
 (2.0) and provided however that such income wealth index  shall  not  be
 more  than  ninety-five  percent  (0.95) for the two thousand eight--two
 thousand nine school year, and provided further that such income  wealth
 index  shall  not  be  less than zero for the two thousand thirteen--two
 thousand fourteen school year. The selected actual  valuation  shall  be
 calculated  pursuant  to paragraph c of subdivision one of this section.
 Total wealth foundation pupil units  shall  be  calculated  pursuant  to
 paragraph h of subdivision two of this section.
   b.  Phase-in foundation increase. (1) The phase-in foundation increase
 shall equal the product  of  the  phase-in  foundation  increase  factor
 multiplied by the positive difference, if any, of (i) the product of the
 total  aidable  foundation  pupil  units  multiplied  by  the district's
 selected foundation aid less (ii) the total foundation aid base computed
 pursuant to paragraph j of subdivision one of this section.
   (2) (i) Phase-in foundation percent. The phase-in  foundation  percent
 shall  equal  one  hundred  thirteen and fourteen one hundredths percent
 (1.1314) for the two thousand eleven--two thousand twelve  school  year,
 one hundred ten and thirty-eight hundredths percent (1.1038) for the two
 thousand  twelve--two  thousand  thirteen school year, one hundred seven
 and sixty-eight hundredths percent (1.0768) for the two  thousand  thir-
 teen--two  thousand  fourteen  school  year,  one  hundred  five and six
 hundredths percent (1.0506) for the two thousand fourteen--two  thousand
 fifteen  school  year,  and  one  hundred  two  and  five tenths percent
 (1.0250) for the two thousand fifteen--two thousand sixteen school year.
   (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
 eleven--two   thousand  twelve  school  year,  the  phase-in  foundation
 increase factor shall equal thirty-seven and  one-half  percent  (0.375)
 and  the phase-in due minimum percent shall equal nineteen and forty-one
 hundredths percent (0.1941), for the two thousand  twelve--two  thousand
 thirteen school year the phase-in foundation increase factor shall equal
 one and seven-tenths percent (0.017), for the two thousand thirteen--two
 thousand  fourteen  school  year the phase-in foundation increase factor
 shall equal (1) for a city school district in a city having a population
 of one  million  or  more,  five  and  twenty-three  hundredths  percent
 (0.0523) or (2) for all other school districts zero percent, for the two
 thousand fourteen--two thousand fifteen school year the phase-in founda-
 tion  increase  factor  shall  equal (1) for a city school district of a
 city having a population of one million or  more,  four  and  thirty-two
 hundredths  percent  (0.0432)  or (2) for a school district other than a
 city school district having a population of  one  million  or  more  for
 which  (A)  the  quotient  of  the positive difference of the foundation
 formula aid minus the foundation aid base computed pursuant to paragraph
 j of subdivision one of this section divided by the  foundation  formula
 aid  is greater than twenty-two percent (0.22) and (B) a combined wealth
 ratio less than thirty-five hundredths (0.35), seven percent  (0.07)  or
 (3)  for  all  other  school  districts,  four and thirty-one hundredths
 percent (0.0431), and for the two thousand fifteen--two thousand sixteen

 A. 9506--A                         14

 school year the phase-in foundation increase factor shall equal: (1) for
 a city school district of a city having a population of one  million  or
 more,   thirteen   and  two  hundred  seventy-four  thousandths  percent
 (0.13274);  or  (2)  for  districts  where  the quotient arrived at when
 dividing (A) the product of the total  aidable  foundation  pupil  units
 multiplied  by  the  district's  selected  foundation aid less the total
 foundation aid base computed pursuant to paragraph j of subdivision  one
 of  this section divided by (B) the product of the total aidable founda-
 tion pupil units multiplied by the district's selected foundation aid is
 greater than nineteen percent (0.19), and where the district's  combined
 wealth  ratio  is  less  than  thirty-three hundredths (0.33), seven and
 seventy-five hundredths percent (0.0775); or (3) for any other  district
 designated  as  high  need pursuant to clause (c) of subparagraph two of
 paragraph c of subdivision six  of  this  section  for  the  school  aid
 computer  listing produced by the commissioner in support of the enacted
 budget for the two thousand seven--two thousand eight  school  year  and
 entitled  "SA0708",  four  percent  (0.04);  or  (4)  for  a city school
 district in a city having a population of one hundred twenty-five  thou-
 sand  or more but less than one million, fourteen percent (0.14); or (5)
 for school districts that were designated as small city school districts
 or central school districts whose boundaries  include  a  portion  of  a
 small  city  for the school aid computer listing produced by the commis-
 sioner in support of the enacted budget for the two thousand  fourteen--
 two  thousand  fifteen school year and entitled "SA1415", four and seven
 hundred fifty-one thousandths percent (0.04751); or (6)  for  all  other
 districts  one  percent  (0.01),  and  for the two thousand sixteen--two
 thousand seventeen school year  the  foundation  aid  phase-in  increase
 factor  shall  equal for an eligible school district the greater of: (1)
 for a city school district in a city with a population of one million or
 more, seven and seven hundred eighty four thousandths percent (0.07784);
 or (2) for a city school district in a city with a  population  of  more
 than two hundred fifty thousand but less than one million as of the most
 recent  federal  decennial  census,  seven  and three hundredths percent
 (0.0703); or (3) for a city school district in a city with a  population
 of  more than two hundred thousand but less than two hundred fifty thou-
 sand as of the most recent federal decennial census, six and seventy-two
 hundredths percent (0.0672); or (4) for a city school district in a city
 with a population of more than one hundred fifty thousand but less  than
 two hundred thousand as of the most recent federal decennial census, six
 and  seventy-four  hundredths percent (0.0674); or (5) for a city school
 district in a city with a population of more than  one  hundred  twenty-
 five  thousand  but  less than one hundred fifty thousand as of the most
 recent federal decennial census, nine and fifty-five hundredths  percent
 (0.0955); or (6) for school districts that were designated as small city
 school  districts or central school districts whose boundaries include a
 portion of a small city for the school aid computer listing produced  by
 the  commissioner  in support of the enacted budget for the two thousand
 fourteen--two thousand fifteen school year and entitled "SA141-5" with a
 combined wealth ratio less than one and four tenths (1.4), nine  percent
 (0.09),  provided,  however,  that  for  such  districts  that  are also
 districts designated as high need urban-suburban pursuant to clause  (c)
 of  subparagraph  two  of paragraph c of subdivision six of this section
 for the school aid computer listing  produced  by  the  commissioner  in
 support  of  the enacted budget for the two thousand seven--two thousand
 eight school year and entitled "SA0708",  nine  and  seven  hundred  and
 nineteen  thousandths  percent  (0.09719);  or  (7) for school districts

 A. 9506--A                         15
 
 designated as high need rural pursuant to clause (c) of subparagraph two
 of paragraph c of subdivision six of this section  for  the  school  aid
 computer  listing produced by the commissioner in support of the enacted
 budget  for  the  two thousand seven--two thousand eight school year and
 entitled "SA0708", thirteen and six tenths percent (0.136); or  (8)  for
 school  districts  designated  as  high  need urban-suburban pursuant to
 clause (c) of subparagraph two of paragraph c of subdivision six of this
 section for the school aid computer listing produced by the commissioner
 in support of the enacted budget for the two thousand  seven--two  thou-
 sand  eight  school  year  and entitled "SA0708", seven hundred nineteen
 thousandths percent (0.00719); or (9)  for  all  other  eligible  school
 districts,  forty-seven  hundredths  percent  (0.0047), provided further
 that for the two thousand seventeen--two thousand eighteen  school  year
 the  foundation  aid increase phase-in factor shall equal (1) for school
 districts with a census 2000 poverty rate computed pursuant to paragraph
 q of subdivision one of this section equal to or greater than twenty-six
 percent (0.26), ten and three-tenths  percent  (0.103),  or  (2)  for  a
 school  district in a city with a population in excess of one million or
 more, seventeen and seventy-seven one-hundredths  percent  (0.1777),  or
 (3)  for a city school district in a city with a population of more than
 two hundred fifty thousand but less than one million,  as  of  the  most
 recent  decennial  census,  twelve  and  sixty-nine  hundredths  percent
 (0.1269) or (4) for a city school district in a city with  a  population
 of  more than one hundred fifty thousand but less than two hundred thou-
 sand, as of the most recent federal decennial census, ten  and  seventy-
 eight one hundredths percent (0.1078), or (5) for a city school district
 in  a  city with a population of more than one hundred twenty-five thou-
 sand but less than one hundred fifty thousand  as  of  the  most  recent
 federal decennial census, nineteen and one hundred eight one-thousandths
 percent  (0.19108),  or  (6) for a city school district in a city with a
 population of more than two hundred thousand but less than  two  hundred
 fifty  thousand  as of the most recent federal decennial census, ten and
 six-tenths percent (0.106), or (7) for all  other  districts,  four  and
 eighty-seven  one-hundredths  percent (0.0487), and for the two thousand
 [eighteen] NINETEEN--two thousand [nineteen]  TWENTY  school  year  [and
 thereafter  the commissioner shall annually determine the phase-in foun-
 dation increase factor subject to allocation pursuant to the  provisions
 of  subdivision eighteen of this section and any provisions of a chapter
 of the laws of New York as described therein] THE FOUNDATION AID  PHASE-
 IN INCREASE FACTOR SHALL BE THIRTY-THREE PERCENT (0.33), AND FOR THE TWO
 THOUSAND  TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR THE FOUNDATION AID
 PHASE-IN INCREASE FACTOR SHALL BE FIFTY PERCENT (0.5), AND FOR  THE  TWO
 THOUSAND  TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER
 THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE ONE HUNDRED PERCENT
 (1.0).
   b-1. Notwithstanding any other provision of law to the  contrary,  for
 the  two  thousand seven--two thousand eight school year and thereafter,
 the additional amount payable to each school district pursuant  to  this
 subdivision in the current year as total foundation aid, after deducting
 the  total  foundation  aid  base,  shall be deemed a state grant in aid
 identified by the commissioner for general use for purposes  of  section
 seventeen hundred eighteen of this chapter.
   b-2.  Due minimum for the two thousand sixteen--two thousand seventeen
 school year. Notwithstanding any other provision of law to the contrary,
 for the two thousand sixteen--two thousand  seventeen  school  year  the
 total foundation aid shall not be less than the sum of the total founda-

 A. 9506--A                         16
 
 tion  aid  base  computed  pursuant to paragraph j of subdivision one of
 this section plus the due minimum  for  the  two  thousand  sixteen--two
 thousand  seventeen  school year, where such due minimum shall equal the
 difference  of  (1)  the product of (A) two percent (0.02) multiplied by
 (B) the difference of total foundation aid for the base  year  less  the
 gap  elimination  adjustment  for the base year, less (2) the sum of (A)
 the difference of the amounts set forth  for  each  school  district  as
 "FOUNDATION  AID"  under  the  heading  "2016-17  ESTIMATED AIDS" in the
 school aid computer listing produced by the commissioner in  support  of
 the  executive budget request for the two thousand sixteen--two thousand
 seventeen school year and entitled "BT161-7" less the amounts set  forth
 for  each school district as "FOUNDATION AID" under the heading "2015-16
 BASE YEAR AIDS" in such computer listing plus (B)  the  gap  elimination
 adjustment for the base year.
   b-3. Due minimum for the two thousand seventeen--two thousand eighteen
 school year. Notwithstanding any other provision of law to the contrary,
 for  the  two  thousand seventeen--two thousand eighteen school year the
 total foundation aid shall not be less than (A) the  sum  of  the  total
 foundation  aid base computed pursuant to paragraph j of subdivision one
 of this section plus the product of (i) the difference of the amount set
 forth for such school district as "FOUNDATION  AID"  under  the  heading
 "2017-18  ESTIMATED AIDS" in the school aid computer listing produced by
 the commissioner in support of the executive budget request for the  two
 thousand  seventeen--two  thousand  eighteen  school  year  and entitled
 "BT171-8" less the amount set forth for such school district as "FOUNDA-
 TION AID" under the heading "2016-17 BASE YEAR AIDS" in the  school  aid
 computer  listing  produced by the commissioner in support of the execu-
 tive budget request for the two thousand seventeen--two  thousand  eigh-
 teen school year and entitled "BT171-8" multiplied by (ii) one and eigh-
 teen  one-hundredths  (1.18),  or  (B)  the  product  of  forty-four and
 seventy-five one-hundredths percent (0.4475) multiplied by total founda-
 tion aid as computed pursuant to paragraph a of this subdivision, or (C)
 the sum of the total foundation aid base computed pursuant to  paragraph
 j  of  subdivision  one of this section plus the due minimum for the two
 thousand seventeen--two thousand eighteen school year,  where  such  due
 minimum  shall equal (1) for school districts with a census 2000 poverty
 rate computed pursuant  to  paragraph  q  of  subdivision  one  of  this
 section,  equal  to  or  greater  than  eleven  and  nine-tenths percent
 (0.119), the product of the foundation aid base  for  the  two  thousand
 seventeen--two  thousand  eighteen  school  year  computed  pursuant  to
 subparagraph (iii) of paragraph j of subdivision  one  of  this  section
 multiplied by three hundred thirty-five ten-thousandths (0.0335), or (2)
 for  all  other  school districts the product of the foundation aid base
 for the  two  thousand  seventeen--two  thousand  eighteen  school  year
 computed  pursuant  to  subparagraph (iii) of paragraph j of subdivision
 one of this section multiplied by two  and  seventy-four  one-hundredths
 percent (0.0274).
   b-4.  Additional  increase for the two thousand seventeen-two thousand
 eighteen school year. For the two thousand seventeen-two thousand  eigh-
 teen  school  year,  any  school district eligible to receive a phase-in
 foundation increase pursuant to this subdivision shall receive an  addi-
 tional  foundation  increase equal to the sum of tiers A, B, C, and D as
 defined herein.
   (i) Tier A. For all school districts other than a  district  within  a
 city  with  a  population of one million or more, with a combined wealth
 ratio less than two (2.0), where either (A) the quotient arrived  at  by

 A. 9506--A                         17
 
 dividing  the  English language learner count pursuant to paragraph o of
 subdivision one of this section for the base year by the  public  school
 district  enrollment for the base year pursuant to paragraph n of subdi-
 vision  one of this section is greater than two one-hundredths (0.02) or
 (B) the quotient arrived at by dividing the difference  of  the  English
 language  learner  count  pursuant  to paragraph o of subdivision one of
 this section for the base year less such count for one year prior to the
 base year by the public school district enrollment for one year prior to
 the base year pursuant to paragraph n of subdivision one of this section
 is greater than one one-thousandth (0.001), tier A shall equal the prod-
 uct of (A) the difference of two minus the combined wealth ratio  multi-
 plied by (B) one hundred dollars ($100.00) multiplied by (C) the English
 language learner count for the base year.
   (ii) Tier B. For any school district (A) where the amount set forth as
 "25% LIMIT CAP ON INCREASE" on the computer file produced by the commis-
 sioner  in support of the enacted budget for the two thousand seven--two
 thousand eight school year and entitled "SA070-8" is less than zero  and
 (B)  with  a  combined  wealth ratio computed pursuant to paragraph c of
 subdivision three of this section greater than one (1.0), tier  B  shall
 equal  the product of (A) the sum of (1) the difference of total founda-
 tion aid less the foundation aid base plus (2)  the  difference  of  the
 amount  set forth for such school district as "FOUNDATION AID" under the
 heading "2017-18 ESTIMATED AIDS" in  the  school  aid  computer  listing
 produced  by the commissioner in support of the executive budget request
 and entitled "BT1718" less the foundation aid base multiplied by (B) ten
 and two-tenths percent (0.102).
   (iii) Tier C. For all school districts with a  combined  wealth  ratio
 for total foundation aid computed pursuant to paragraph c of subdivision
 three  of  this section less than one (1.0), tier C shall be the greater
 of (A) for districts that were designated as small city school districts
 or central school districts whose boundaries  include  a  portion  of  a
 small  city  for the school aid computer listing produced by the commis-
 sioner in support of the enacted budget for the two thousand  fourteen--
 two  thousand  fifteen school year and entitled "SA1415", the product of
 the public school district enrollment for  the  base  year  pursuant  to
 paragraph n of subdivision one of this section multiplied by one hundred
 sixty-seven  dollars  and  forty  cents  ($167.40)  or  (B)  for  school
 districts with a sparsity factor as set forth on  the  computer  listing
 produced  by  the  commissioner in support of the enacted budget for the
 two thousand seventeen--two thousand eighteen school year  and  entitled
 "SA171-8"  of  greater  than  zero,  the  product  of  the public school
 district enrollment for the base year multiplied by one hundred  eighty-
 eight dollars ($188.00).
   (iv)  Tier  D. For all school districts, other than districts within a
 city with a population of one hundred twenty-five thousand or more, with
 a selected poverty rate of greater than eighteen hundredths (0.18), tier
 D shall equal the product of the selected poverty rate multiplied by the
 school district public enrollment for the base year  multiplied  by  two
 hundred  forty  dollars ($240.00), provided, however, that for districts
 within a city with a population of greater than one hundred  twenty-five
 thousand but less than one million and a selected poverty rate of great-
 er  than  eighteen  hundredths (0.18), tier D shall equal the product of
 the selected poverty rate multiplied by school district  public  enroll-
 ment  for  the  base year multiplied by three hundred forty-four dollars
 ($344.00), and for a city school district in a city with a population of
 one million or more, tier D shall equal  the  product  of  the  selected

 A. 9506--A                         18
 
 poverty  rate  multiplied  by  school district public enrollment for the
 base year multiplied by twenty-nine cents ($0.29).
   c.  Public  excess  cost  aid setaside. Each school district shall set
 aside from its total foundation aid computed for the current year pursu-
 ant to this subdivision an amount equal  to  the  product  of:  (i)  the
 difference  between  the  amount  the  school  district  was eligible to
 receive in the two thousand six--two thousand seven school year pursuant
 to or in lieu of paragraph six of subdivision nineteen of  this  section
 as  such  paragraph existed on June thirtieth, two thousand seven, minus
 the amount such district was eligible to receive pursuant to or in  lieu
 of  paragraph five of subdivision nineteen of this section as such para-
 graph existed on June thirtieth, two  thousand  seven,  in  such  school
 year, and (ii) the sum of one and the percentage increase in the consum-
 er  price  index for the current year over such consumer price index for
 the two thousand six--two  thousand  seven  school  year,  [as  computed
 pursuant  to section two thousand twenty-two of this chapter] AS DEFINED
 BY PARAGRAPH HH OF SUBDIVISION ONE OF THIS SECTION. Notwithstanding  any
 other provision of law to the contrary, the public excess cost aid seta-
 side shall be paid pursuant to section thirty-six hundred nine-b of this
 part.
   d.  For  the  two  thousand fourteen--two thousand fifteen through two
 thousand [seventeen] EIGHTEEN--two thousand [eighteen]  NINETEEN  school
 years  a  city  school  district  of  a  city having a population of one
 million or more may use amounts apportioned pursuant to this subdivision
 for afterschool programs.
   e. Community schools aid set-aside. Each  school  district  shall  set
 aside from its total foundation aid computed for the current year pursu-
 ant to this subdivision an amount equal to the sum of (i) the amount, if
 any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the
 data  file produced by the commissioner in support of the enacted budget
 for the two thousand sixteen--two thousand  seventeen  school  year  and
 entitled  "SA161-7"  [and];  (ii) the amount, if any, set forth for such
 district as "COMMUNITY SCHL INCR" in  the  data  file  produced  by  the
 commissioner  in  support  of  the  executive budget request for the two
 thousand seventeen--two  thousand  eighteen  school  year  and  entitled
 "BT171-8".  [Each  school  district  shall  use such "COMMUNITY SCHL AID
 (BT1617)" amount to support the transformation of school buildings  into
 community  hubs to deliver co-located or school-linked academic, health,
 mental health, nutrition, counseling, legal  and/or  other  services  to
 students  and  their  families, including but not limited to providing a
 community school site coordinator, or to support other costs incurred to
 maximize students' academic achievement.]; AND (III) THE AMOUNT, IF  ANY
 SET  FORTH FOR SUCH DISTRICTS AS "COMMUNITY SCHOOL INCREASE" IN THE DATA
 FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR
 THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR  AND  ENTI-
 TLED "BT181-9", PROVIDED HOWEVER THAT FOR THE TWO THOUSAND EIGHTEEN--TWO
 THOUSAND  NINETEEN  SCHOOL YEAR AND THEREAFTER, THE COMMUNITY SCHOOL AID
 SET-ASIDE SHALL NOT EXCEED TWO AND FIVE-TENTHS PERCENT  (0.025)  OF  THE
 FOUNDATION  AID  PAYABLE  COMPUTED FOR THE CURRENT YEAR PURSUANT TO THIS
 SUBDIVISION, PROVIDED FURTHER THAT SUCH ANNUAL INCREASE IN THE COMMUNITY
 SCHOOL SET-ASIDE SHALL NOT EXCEED TWENTY PERCENT (0.20) OF  THE  FOUNDA-
 TION  AID  PAYABLE  FOR THE CURRENT YEAR LESS THE TOTAL FOUNDATIONAL AID
 BASE. NOTHING IN THIS SUBDIVISION SHALL PREVENT A SCHOOL  DISTRICT  FROM
 USING  AMOUNTS  ABOVE THESE LIMITS TO SUPPORT COMMUNITY SCHOOL PROGRAMS.
 Each school district shall use such ["COMMUNITY  SCHL  INCR"]  COMMUNITY
 SCHOOL  AID  SET-ASIDE  amount  to  support the transformation of school

 A. 9506--A                         19
 
 buildings into community hubs to deliver  co-located  or  school  linked
 academic,  health,  mental  health  services and personnel, after-school
 programming, dual language programs, nutrition, counseling, legal and/or
 other services to students and their families, including but not limited
 to  providing  a  community  school  site  coordinator  and programs for
 English language learners, or to support other costs incurred  to  maxi-
 mize  students'  academic  achievement[,  provided however that a school
 district whose "COMMUNITY SCHL INCR" amount exceeds one million  dollars
 ($1,000,000)  shall  use  an  amount equal to the greater of one hundred
 fifty thousand dollars ($150,000) or ten percent of such "COMMUNITY SCHL
 INCR" amount to support such transformation  at  schools  with  extraor-
 dinary  high  levels  of student need as identified by the commissioner,
 subject to the approval of the director of the budget].
   F. FOUNDATION AID PAYABLE IN THE TWO THOUSAND  EIGHTEEN--TWO  THOUSAND
 NINETEEN  SCHOOL  YEAR.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE
 CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND EIGHTEEN--TWO THOU-
 SAND NINETEEN SCHOOL YEAR SHALL EQUAL THE SUM OF (1) THE FOUNDATION  AID
 BASE PLUS (2) THE GREATER OF (I) THE TWO THOUSAND EIGHTEEN--TWO THOUSAND
 NINETEEN  SCHOOL  YEAR PHASE-IN INCREASES OR (II) THE TWO THOUSAND EIGH-
 TEEN--TWO THOUSAND NINETEEN SCHOOL YEAR DUE MINIMUM  PLUS  (3)  THE  LOW
 CAPACITY  SMALL CITY PHASE-IN INCREASE PLUS (4) THE EXECUTIVE FOUNDATION
 AID INCREASE. FOR  THE  PURPOSES  OF  THIS  PARAGRAPH,  "FOUNDATION  AID
 REMAINING"  SHALL MEAN THE POSITIVE DIFFERENCE, IF ANY, OF (I) THE PROD-
 UCT OF THE TOTAL AIDABLE  FOUNDATION  PUPIL  UNITS;  MULTIPLIED  BY  THE
 DISTRICT'S  SELECTED  FOUNDATION  AID LESS (II) THE TOTAL FOUNDATION AID
 BASE COMPUTED PURSUANT  TO  PARAGRAPH  J  OF  SUBDIVISION  ONE  OF  THIS
 SECTION.
   (I)  THE  TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN SCHOOL YEAR
 PHASE-IN INCREASES SHALL BE EQUAL  TO  THE  PRODUCT  OF  FOUNDATION  AID
 REMAINING  MULTIPLIED  BY THE GREATER OF THE FOLLOWING PHASE-IN PERCENT-
 AGES:
   (A) SIX HUNDREDTHS (0.06);
   (B) FOR SCHOOL DISTRICTS: (1) WITH  A  THREE  YEAR  AVERAGE  FREE  AND
 REDUCED  PRICE  LUNCH  PERCENT  GREATER THAN OR EQUAL TO FIFTEEN PERCENT
 (0.15), (2) WHERE THE DIFFERENCE OF THE  THREE  YEAR  AVERAGE  FREE  AND
 REDUCED  PRICE  LUNCH PERCENT FOR THE CURRENT YEAR LESS SUCH AVERAGE FOR
 THE BASE YEAR IS GREATER THAN OR EQUAL TO ONE ONE-HUNDREDTH (0.01),  AND
 (3)  WITH  A  COMBINED  WEALTH  RATIO  FOR TOTAL FOUNDATION AID COMPUTED
 PURSUANT TO PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION  LESS  THAN
 OR EQUAL TO EIGHT TENTHS (0.8), THIRTEEN HUNDREDTHS (0.13);
   (C)  FOR  SCHOOL  DISTRICTS  WITH ENROLLMENT GROWTH OF GREATER THAN OR
 EQUAL TO TWO AND EIGHTY-FIVE HUNDREDTHS  PERCENT  (0.0285),  TWO  TENTHS
 (0.2),  WHERE  "ENROLLMENT GROWTH" SHALL BE THE QUOTIENT ARRIVED AT WHEN
 DIVIDING THE DIFFERENCE OF PUBLIC SCHOOL  DISTRICT  ENROLLMENT  FOR  THE
 CURRENT  YEAR PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION
 LESS SUCH ENROLLMENT FOR THE BASE YEAR DIVIDED BY  SUCH  ENROLLMENT  FOR
 THE BASE YEAR, PROVIDED THAT SUCH DIFFERENCE IS GREATER THAN OR EQUAL TO
 TWENTY-FIVE;
   (D)  FOR  SCHOOL  DISTRICTS  (1)  WITH  A  THREE YEAR AVERAGE FREE AND
 REDUCED PRICE LUNCH PERCENT GREATER OR EQUAL TO TWENTY  PERCENT  (0.20);
 (2)  WHERE  THE  DIFFERENCE  OF  THE THREE YEAR AVERAGE FREE AND REDUCED
 PRICE LUNCH PERCENT FOR THE CURRENT YEAR LESS SUCH PERCENT FOR THE  BASE
 YEAR  IS  GREATER  THAN OR EQUAL TO TWENTY-FIVE THOUSANDTHS (0.025); (3)
 WITH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED  PURSUANT
 TO  PARAGRAPH  C OF SUBDIVISION THREE OF THIS SECTION LESS THAN OR EQUAL
 TO EIGHT TENTHS (0.8); (4) WHERE THE  DIFFERENCE  OF  THE  EXTRAORDINARY

 A. 9506--A                         20
 
 NEEDS  PERCENT  FOR THE CURRENT YEAR LESS SUCH PERCENT FOR THE BASE YEAR
 IS GREATER THAN OR EQUAL  TO  TWO  TENTHS  (0.02);  AND  (5)  WHERE  THE
 QUOTIENT  ARRIVED  AT BY DIVIDING THE DIFFERENCE OF THE ENGLISH LANGUAGE
 LEARNER COUNT PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS SECTION
 FOR  THE BASE YEAR LESS SUCH COUNT FOR THE TWO THOUSAND TWELVE-TWO THOU-
 SAND THIRTEEN SCHOOL YEAR DIVIDED BY SUCH TWO THOUSAND TWELVE-TWO  THOU-
 SAND  THIRTEEN SCHOOL YEAR COUNT IS GREATER THAN OR EQUAL TO THIRTY-FIVE
 PERCENT (0.35), TWENTY-FIVE HUNDREDTHS (0.25).
   (E) FOR SCHOOL DISTRICTS WITH A FRPL INDEX GREATER THAN  OR  EQUAL  TO
 EIGHT,  TWENTY-FIVE  ONE  HUNDREDTHS (0.25), WHERE "FRPL INDEX" SHALL BE
 THE QUOTIENT ARRIVED AT WHEN DIVIDING THE LUNCH COUNT COMPUTED  PURSUANT
 TO  PARAGRAPH  Q  OF  SUBDIVISION  ONE OF THIS SECTION DIVIDED THE STATE
 AVERAGE LUNCH COUNT, AND WHERE "STATE AVERAGE LUNCH COUNT" SHALL BE  THE
 QUOTIENT  ARRIVED  AT WHEN DIVIDING THE SUM OF ALL SCHOOL DISTRICT LUNCH
 COUNTS, EXCLUSIVE OF CENTRAL  HIGH  SCHOOL  DISTRICTS,  BY  SIX  HUNDRED
 SEVENTY-ONE,  PROVIDED  THAT  NO  SCHOOL DISTRICT IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR  MORE  SHALL  BE  ELIGIBLE  FOR  THIS  PHASE-IN
 PERCENTAGE;
   (F)  FOR  SCHOOL DISTRICTS WITH AN EXTRAORDINARY NEEDS PERCENT GREATER
 THAN OR EQUAL TO EIGHTY THREE  PERCENT  (0.83),  TWENTY-FIVE  HUNDREDTHS
 (0.25);
   (G) FOR SCHOOL DISTRICTS IN A CITY WITH A POPULATION OF ONE MILLION OR
 MORE, TWO THOUSAND FOUR HUNDRED SIXTY-THREE TEN THOUSANDTHS (0.2463); OR
   (H)  FOR  SCHOOL  DISTRICTS  THAT WERE DESIGNATED AS SMALL CITY SCHOOL
 DISTRICTS OR CENTRAL SCHOOL DISTRICTS WHOSE BOUNDARIES INCLUDE A PORTION
 OF A SMALL CITY FOR THE SCHOOL AID  COMPUTER  LISTING  PRODUCED  BY  THE
 COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND FOUR-
 TEEN--TWO  THOUSAND  FIFTEEN  SCHOOL YEAR AND ENTITLED "SA1415", SIXTEEN
 HUNDREDTHS (0.16);
   (II) THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR  DUE
 MINIMUM SHALL EQUAL THE GREATER OF:
   (A)  FOR  SCHOOL DISTRICTS WHERE THE QUOTIENT ARRIVED AT WHEN DIVIDING
 FOUNDATION AID REMAINING BY TOTAL FOUNDATION AID IS  GREATER  THAN  FIVE
 TENTHS  (0.5),  THE  DIFFERENCE  OF  THE PRODUCT OF TOTAL FOUNDATION AID
 MULTIPLIED BY FIVE TENTHS (0.5) LESS THE TOTAL FOUNDATION AID BASE;
   (B) FOR SCHOOL DISTRICTS WHERE (I) THE QUOTIENT ARRIVED AT WHEN DIVID-
 ING FOUNDATION AID REMAINING BY TOTAL FOUNDATION  AID  IS  GREATER  THAN
 FORTY-FOUR  ONE-HUNDREDTHS  (0.44),  (II) THE PUPIL WEALTH RATIO IS LESS
 THAN OR EQUAL TO ONE AND ONE-TENTH (1.1), AND (III) WHERE THE DIFFERENCE
 OF THE THREE YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT  FOR  THE
 CURRENT  YEAR  LESS  SUCH  AVERAGE  FOR THE BASE YEAR IS GREATER THAN OR
 EQUAL TO TWO PERCENT (0.02), AND (IV) WHERE THE THREE YEAR AVERAGE  FREE
 AND  REDUCED PRICE LUNCH PERCENT FOR THE CURRENT YEAR IS GREATER THAN OR
 EQUAL TO FIFTY PERCENT (0.50), THE DIFFERENCE OF THE  PRODUCT  OF  TOTAL
 FOUNDATION  AID MULTIPLIED BY FIFTY-SIX HUNDREDTHS (0.56) LESS THE TOTAL
 FOUNDATION AID BASE;
   (C) FOR SCHOOL DISTRICTS WITH  (I)  A  THREE  YEAR  AVERAGE  FREE  AND
 REDUCED  PRICE  LUNCH PERCENT FOR THE CURRENT YEAR GREATER THAN OR EQUAL
 TO TWENTY-FOUR PERCENT (0.24) AND (II) A COMBINED WEALTH RATIO FOR FOUN-
 DATION AID LESS THAN OR EQUAL TO ONE (1.0), THE  PRODUCT  OF  THE  TOTAL
 FOUNDATION  AID  BASE  MULTIPLIED  BY  THREE HUNDRED TWO TEN THOUSANDTHS
 (0.0302); OR
   (D) FOR ALL OTHER SCHOOL DISTRICTS, THE PRODUCT OF THE  TOTAL  FOUNDA-
 TION AID BASE MULTIPLIED BY TWENTY-ONE ONE-THOUSANDTHS (0.021).
   (III)  THE  LOW  CAPACITY  SMALL  CITY  PHASE-IN  INCREASE, FOR SCHOOL
 DISTRICTS THAT WERE DESIGNATED AS SMALL CITY SCHOOL DISTRICTS OR CENTRAL

 A. 9506--A                         21
 
 SCHOOL DISTRICTS WHOSE BOUNDARIES INCLUDE A PORTION OF A SMALL CITY  FOR
 THE  SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT
 OF THE ENACTED  BUDGET  FOR  THE  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
 FIFTEEN SCHOOL YEAR AND ENTITLED "SA1415", AND HAVE A PUPIL WEALTH RATIO
 OF  LESS THAN OR EQUAL TO ONE AND THREE-TENTHS (1.3), THE PRODUCT OF ONE
 TENTH (0.1) MULTIPLIED BY FOUNDATION AID REMAINING.
   (IV) THE EXECUTIVE FOUNDATION AID  INCREASE  SHALL  BE  EQUAL  TO  THE
 DIFFERENCE  OF  (A)  THE  AMOUNTS  SET FORTH FOR EACH SCHOOL DISTRICT AS
 "FOUNDATION AID" UNDER THE  HEADING  "2018-19  ESTIMATED  AIDS"  IN  THE
 SCHOOL  AID  COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
 THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND
 NINETEEN SCHOOL YEAR AND ENTITLED "BT181-9" LESS  (B)  THE  AMOUNTS  SET
 FORTH  FOR  EACH  SCHOOL  DISTRICT AS "FOUNDATION AID" UNDER THE HEADING
 "2017-18 BASE YEAR AIDS" IN SUCH COMPUTER LISTING.
   § 9-b. Section 3602 of the education law is amended by  adding  a  new
 subdivision 6-i to read as follows:
   6-I.  BUILDING  AID FOR APPROVED EXPENDITURES FOR DEBT SERVICE FOR TAX
 CERTIORARI FINANCING. IN ADDITION TO THE  APPORTIONMENTS  PAYABLE  TO  A
 SCHOOL  DISTRICT  PURSUANT TO SUBDIVISION SIX OF THIS SECTION, BEGINNING
 WITH DEBT SERVICE IN THE TWO THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN
 SCHOOL  YEAR  AND  THEREAFTER,  THE COMMISSIONER IS HEREBY AUTHORIZED TO
 APPORTION TO ANY SCHOOL DISTRICT ADDITIONAL  BUILDING  AID  PURSUANT  TO
 THIS  SUBDIVISION FOR ITS APPROVED DEBT SERVICE EXPENDITURES FOR FINANC-
 ING THE COST OF A TAX CERTIORARI, WHERE THE  TOTAL  VALUE  OF  THE  BOND
 EXCEEDS  THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT FOR
 THE YEAR PRIOR TO THE YEAR IN WHICH THE SCHOOL DISTRICT  FIRST  RECEIVES
 BOND PROCEEDS. IN ORDER TO HAVE SUCH DEBT SERVICE EXPENDITURES APPROVED,
 THE  SCHOOL  DISTRICT  SHALL SUBMIT TO THE COMMISSIONER, IN A FORM HE OR
 SHE PRESCRIBES, DOCUMENTATION RELATING TO THE  ISSUANCE  OF  SUCH  BOND,
 INCLUDING  BUT  NOT  LIMITED TO THE ORIGINAL TAX CERTIORARI, THE AMORTI-
 ZATION SCHEDULE OF SUCH BOND, AND ANY OTHER DOCUMENTATION DEEMED  NECES-
 SARY.  PROVIDED,  HOWEVER, THAT IN THE EVENT THE SCHOOL DISTRICT REFUNDS
 THE ORIGINAL BOND AT ANY POINT, THE SCHOOL DISTRICT SHALL  PROVIDE  SUCH
 UPDATED  DOCUMENTATION AS REQUIRED BY THE COMMISSIONER, WHO SHALL ADJUST
 THE ANNUAL APPROVED EXPENDITURES ACCORDINGLY. SUCH AID SHALL  EQUAL  THE
 PRODUCT  OF  THE  SUM  OF (1) THE BUILDING AID RATIO DEFINED PURSUANT TO
 PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION PLUS (2) ONE-TENTH  (0.1)
 MULTIPLIED  BY THE ACTUAL APPROVED DEBT SERVICE EXPENDITURES INCURRED IN
 THE BASE YEAR PURSUANT TO THIS SUBDIVISION.
   § 9-c. Subparagraph 2 of paragraph a of subdivision 4 of section  1950
 of  the education law, as amended by chapter 698 of the laws of 2003, is
 amended to read as follows:
   (2) Notwithstanding any inconsistent provision  of  law  in  no  event
 shall  the total salary including amounts paid pursuant to section twen-
 ty-two hundred nine of this chapter for  district  superintendents  [for
 each school year through the two thousand two--two thousand three school
 year  exceed ninety-eight percent of that earned by the commissioner for
 state fiscal year nineteen hundred ninety-two--ninety-three, and  in  no
 event shall such total salary for a district superintendent] for the two
 thousand  [three]  EIGHTEEN--two thousand [four] NINETEEN school year or
 any subsequent school year exceed: (i) one hundred six  percent  of  the
 salary cap applicable in the preceding school year, or (ii) ninety-eight
 percent  of  that earned by the commissioner in the two thousand [three]
 SEVENTEEN--two thousand [four] EIGHTEEN state fiscal year, whichever  is
 less.  In  no  event  shall  any district superintendent be permitted to
 accumulate vacation or sick leave credits in excess of the vacation  and

 A. 9506--A                         22
 
 sick  leave  credits  managerial/confidential employees of the state are
 permitted to accumulate pursuant to regulations promulgated by the state
 civil service commission, nor may any  district  superintendent  at  the
 time  of  separation  from service be compensated for accrued and unused
 vacation credits or sick leave, or use accrued and unused sick leave for
 retirement service credit or to pay for health insurance in  retirement,
 at  a  rate  in  excess of the rate permitted to managerial/confidential
 employees of the state  pursuant  to  regulations  of  the  state  civil
 service  commission. In addition to the payment of supplementary salary,
 a board of cooperative educational services may provide for the  payment
 of  all  or a portion of the cost of insurance benefits for the district
 superintendent of schools, including but not limited  to  health  insur-
 ance,  disability  insurance, life insurance or any other form of insur-
 ance benefit made available to managerial/confidential employees of  the
 state;  provided  that any such payments for whole life, split dollar or
 other life insurance policies having a cash value shall be  included  in
 the  total  salary  of  the district superintendent for purposes of this
 subparagraph, and provided further that any payments  for  the  employee
 contribution, co-pay or uncovered medical expenses under a health insur-
 ance  plan  also  shall  be included in the total salary of the district
 superintendent.  Notwithstanding any other provision  of  law,  payments
 for  such  insurance  benefits  may be based on the district superinten-
 dent's total salary or the amount of his  or  her  supplementary  salary
 only.  Any  payments  for transportation or travel expenses in excess of
 actual, documented expenses incurred in the performance  of  duties  for
 the  board  of  cooperative  educational  services or the state, and any
 other lump sum payment  not  specifically  excluded  from  total  salary
 pursuant  to this subparagraph, shall be included in the total salary of
 the district superintendent for purposes of this  subparagraph.  Nothing
 herein  shall prohibit a district superintendent from waiving any rights
 provided for in an existing contract or agreement as hereafter prohibit-
 ed in favor of revised compensation or benefit provisions  as  permitted
 herein.  In  no  event  shall the terms of the district superintendent's
 contract, including any provisions relating to an  increase  in  salary,
 compensation  or  other  benefits,  be  contingent upon the terms of any
 contract or collective bargaining agreement between the board of cooper-
 ative educational services and its  teachers  or  other  employees.  The
 commissioner  may  adopt regulations for the purpose of implementing the
 provisions of this paragraph.
   § 9-d. Paragraph b of subdivision 5 of section 1950 of  the  education
 law,  as  amended by chapter 296 of the laws of 2016, is amended to read
 as follows:
   b. The cost of services herein referred to shall be the  amount  allo-
 cated  to  each  component  school  district by the board of cooperative
 educational  services  to  defray  expenses  of  such  board,  including
 approved  expenses from the testing of potable water systems of occupied
 school buildings under the board's jurisdiction as required pursuant  to
 section  eleven  hundred  ten of the public health law, except that that
 part of the salary paid any teacher, supervisor or other employee of the
 board of cooperative educational services which  is,  (I)  FOR  THE  TWO
 THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN  AND  PRIOR SCHOOL YEARS, in
 excess of thirty thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOU-
 SAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR IN EXCESS OF  THIRTY-FOUR
 THOUSAND  DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO
 THOUSAND TWENTY-ONE SCHOOL YEAR, IN EXCESS OF  FORTY  THOUSAND  DOLLARS,
 (IV)  FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-

 A. 9506--A                         23
 
 TY-TWO SCHOOL YEAR, IN EXCESS OF FORTY-SIX THOUSAND DOLLARS, AND (V) FOR
 AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-THREE SCHOOL
 YEAR AND THEREAFTER, IN EXCESS OF FIFTY-TWO THOUSAND DOLLARS, shall  not
 be  such  an  approved  expense, and except also that administrative and
 clerical expenses shall not exceed ten percent of the total expenses for
 purposes of this computation. Any gifts, donations or interest earned by
 the board of cooperative educational services or on behalf of the  board
 of  cooperative  educational  services by the dormitory authority or any
 other source shall not be deducted in determining the cost  of  services
 allocated  to  each  component  school  district. Any payments made to a
 component school  district  by  the  board  of  cooperative  educational
 services  pursuant to subdivision eleven of section six-p of the general
 municipal law attributable to  an  approved  cost  of  service  computed
 pursuant to this subdivision shall be deducted from the cost of services
 allocated to such component school district.  The expense of transporta-
 tion  provided by the board of cooperative educational services pursuant
 to paragraph q of subdivision four of this section shall be eligible for
 aid apportioned pursuant to  subdivision  seven  of  section  thirty-six
 hundred  two  of  this  chapter  and no board of cooperative educational
 services transportation expense shall be an approved  cost  of  services
 for  the  computation  of  aid  under  this  subdivision. Transportation
 expense pursuant to paragraph q of  subdivision  four  of  this  section
 shall  be  included  in the computation of the ten percent limitation on
 administrative and clerical expenses.
   § 9-e. Paragraph b of subdivision 10 of section 3602 of the  education
 law,  as  amended  by  section 16 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   b. Aid for career education. There shall be apportioned to  such  city
 school districts and other school districts which were not components of
 a  board of cooperative educational services in the base year for pupils
 in grades [ten] NINE through twelve in attendance  in  career  education
 programs  as  such programs are defined by the commissioner, subject for
 the purposes of this paragraph to the approval of the  director  of  the
 budget,  an amount for each such pupil to be computed by multiplying the
 career education aid ratio by three thousand nine hundred dollars.  Such
 aid  will  be  payable  for  weighted  pupils attending career education
 programs operated by the school district and  for  weighted  pupils  for
 whom  such  school  district contracts with boards of cooperative educa-
 tional services to attend career education programs operated by a  board
 of cooperative educational services. Weighted pupils for the purposes of
 this  paragraph  shall mean the sum of (I) THE PRODUCT OF the attendance
 of STUDENTS IN GRADE NINE MULTIPLIED BY THE  SPECIAL  SERVICES  PHASE-IN
 FACTOR PLUS (II) THE ATTENDANCE OF students in grades ten through twelve
 in  career education sequences in trade, industrial, technical, agricul-
 tural or health programs plus the product of sixteen  hundredths  multi-
 plied  by  THE  SUM  OF (I) THE PRODUCT of the attendance of STUDENTS IN
 GRADE NINE MULTIPLIED BY THE SPECIAL SERVICES PHASE-IN FACTOR PLUS  (II)
 THE ATTENDANCE OF students in grades ten through twelve in career educa-
 tion  sequences in business and marketing as defined by the commissioner
 in regulations; PROVIDED THAT THE SPECIAL SERVICES PHASE-IN FACTOR SHALL
 BE (I) FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY  SCHOOL  YEAR,
 TWENTY-FIVE  PERCENT (0.25), (II) FOR THE TWO THOUSAND TWENTY--TWO THOU-
 SAND TWENTY-ONE SCHOOL YEAR, FIFTY PERCENT  (0.5),  (III)  FOR  THE  TWO
 THOUSAND  TWENTY-ONE--TWO  THOUSAND TWENTY-TWO SCHOOL YEAR, SEVENTY-FIVE
 PERCENT (0.75), AND (IV) FOR THE TWO THOUSAND  TWENTY-TWO--TWO  THOUSAND
 TWENTY-THREE  SCHOOL YEAR AND THEREAFTER, ONE HUNDRED PERCENT (1.0). The

 A. 9506--A                         24
 
 career education aid ratio shall be computed by subtracting from one the
 product obtained by  multiplying  fifty-nine  percent  by  the  combined
 wealth  ratio. This aid ratio shall be expressed as a decimal carried to
 three places without rounding, but not less than thirty-six percent.
   Any school district that receives aid pursuant to this paragraph shall
 be  required  to use such amount to support career education programs in
 the current year.
   A board of education which spends less than its local funds as defined
 by regulations of the commissioner for career education in the base year
 during the current year shall have its apportionment under this subdivi-
 sion reduced in an amount equal to such deficiency in the current  or  a
 succeeding school year, provided however that the commissioner may waive
 such reduction upon determination that overall expenditures per pupil in
 support  of career education programs were continued at a level equal to
 or greater than the level of such overall expenditures per pupil in  the
 preceding school year.
   §  10. The closing paragraph of subdivision 5-a of section 3602 of the
 education law, as amended by section 22 of part YYY of chapter 59 of the
 laws of 2017, is amended to read as follows:
   For the two thousand eight--two thousand nine school year, each school
 district shall be entitled to an apportionment equal to the  product  of
 fifteen  percent  and  the additional apportionment computed pursuant to
 this subdivision for the two thousand seven--two thousand  eight  school
 year.  For  the two thousand nine--two thousand ten through two thousand
 [seventeen] EIGHTEEN--two thousand  [eighteen]  NINETEEN  school  years,
 each  school district shall be entitled to an apportionment equal to the
 amount set forth for such school district as  "SUPPLEMENTAL  PUB  EXCESS
 COST"  under  the  heading  "2008-09  BASE  YEAR AIDS" in the school aid
 computer listing produced by the commissioner in support of  the  budget
 for  the  two  thousand  nine--two thousand ten school year and entitled
 "SA0910".
   § 11. Paragraph b of subdivision 6-c of section 3602 of the  education
 law,  as  amended by section 23 of part YYY of chapter 59 of the laws of
 2017, is amended to read as follows:
   b. For projects approved by the  commissioner  authorized  to  receive
 additional building aid pursuant to this subdivision for the purchase of
 stationary  metal  detectors, security cameras or other security devices
 approved by the commissioner that increase the safety  of  students  and
 school  personnel,  provided  that  for  purposes of this paragraph such
 other security devices shall be limited to electronic  security  systems
 and  hardened  doors,  and  provided  that  for projects approved by the
 commissioner on or after the first day of July two thousand thirteen and
 before the first day of July two thousand [eighteen] NINETEEN such addi-
 tional aid shall equal  the  product  of  (i)  the  building  aid  ratio
 computed for use in the current year pursuant to paragraph c of subdivi-
 sion  six  of this section plus ten percentage points, except that in no
 case shall this amount exceed one hundred percent, and (ii)  the  actual
 approved  expenditures incurred in the base year pursuant to this subdi-
 vision, provided that the limitations on cost allowances  prescribed  by
 paragraph  a  of  subdivision  six  of this section shall not apply, and
 provided further that any projects aided under this  paragraph  must  be
 included  in  a  district's  school  safety plan. The commissioner shall
 annually prescribe a special cost allowance  for  metal  detectors,  and
 security  cameras,  and  the approved expenditures shall not exceed such
 cost allowance.

 A. 9506--A                         25
 
   § 12. Subdivision 4 of section 3602 of the education law is amended by
 adding a new paragraph f to read as follows:
   F. NOTWITHSTANDING ANY INCONSISTENT PROVISION TO THE CONTRARY, FOR THE
 TWO  THOUSAND  NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER,
 IN ADDITION TO OTHER AMOUNTS RECEIVED IN SUCH  SCHOOL  YEAR  UNDER  THIS
 SUBDIVISION, A SCHOOL DISTRICT SHALL ALSO RECEIVE THE AMOUNT, IF ANY, OF
 AID  FOR  CONVERSION  TO FULL DAY KINDERGARTEN THAT SUCH SCHOOL DISTRICT
 WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR PURSUANT TO SUBDIVISION NINE OF
 THIS SECTION. IN THE SUBSEQUENT  SCHOOL  YEAR,  SUCH  ADDITIONAL  AMOUNT
 SHALL  BE  INCLUDED IN THE FOUNDATION AID BASE FOR THE PURPOSES OF PARA-
 GRAPH J OF SUBDIVISION ONE OF THIS SECTION.
   § 13. Subdivision 12 of section 3602 of the education law, as  amended
 by  section  3  of  part A of chapter 56 of the laws of 2015, the fourth
 undesignated paragraph as added by section 3 of part A of chapter 54  of
 the  laws  of 2016, the closing paragraph as added by section 24 of part
 YYY of chapter 59 of the laws of 2017, is amended to read as follows:
   12. Academic enhancement aid. A school district that as of April first
 of the base year has been continuously identified as a district in  need
 of  improvement  for  at  least  five  years shall, for the two thousand
 eight--two thousand nine school  year,  be  entitled  to  an  additional
 apportionment equal to the positive remainder, if any, of (a) the lesser
 of  fifteen  million  dollars or the product of the total foundation aid
 base, as defined by paragraph j of  subdivision  one  of  this  section,
 multiplied by ten percent (0.10), less (b) the positive remainder of (i)
 the  sum of the total foundation aid apportioned pursuant to subdivision
 four of this section and the supplemental educational improvement grants
 apportioned pursuant to subdivision eight of section thirty-six  hundred
 forty-one of this article, less (ii) the total foundation aid base.
   For the two thousand nine--two thousand ten through two thousand four-
 teen--two  thousand  fifteen school years, each school district shall be
 entitled to an apportionment equal to the  amount  set  forth  for  such
 school  district  as  "EDUCATION  GRANTS, ACADEMIC EN" under the heading
 "2008-09 BASE YEAR AIDS" in the school aid computer listing produced  by
 the commissioner in support of the budget for the two thousand nine--two
 thousand  ten  school year and entitled "SA0910", and such apportionment
 shall be deemed to satisfy the state obligation to provide an apportion-
 ment pursuant to subdivision eight of section thirty-six hundred  forty-
 one of this article.
   For  the  two thousand fifteen--two thousand sixteen year, each school
 district shall be entitled to an apportionment equal to the  amount  set
 forth for such school district as "ACADEMIC ENHANCEMENT" under the head-
 ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
 by  the commissioner in support of the budget for the two thousand four-
 teen--two thousand fifteen school year and entitled "SA141-5", and  such
 apportionment shall be deemed to satisfy the state obligation to provide
 an  apportionment  pursuant  to  subdivision eight of section thirty-six
 hundred forty-one of this article.
   For the two thousand sixteen--two thousand seventeen school year, each
 school district shall be entitled  to  an  apportionment  equal  to  the
 amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
 under the heading "2015-16 ESTIMATED AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand fifteen--two thousand  sixteen  school  year  and  entitled
 "SA151-6",  and  such apportionment shall be deemed to satisfy the state
 obligation to provide an apportionment pursuant to subdivision eight  of
 section thirty-six hundred forty-one of this article.

 A. 9506--A                         26
 
   For  the  two  thousand  seventeen--two thousand eighteen school year,
 each school district shall be entitled to an apportionment equal to  the
 amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
 under the heading "2016-17 ESTIMATED AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand sixteen--two thousand seventeen school  year  and  entitled
 "SA161-7",  and  such apportionment shall be deemed to satisfy the state
 obligation to provide an apportionment pursuant to subdivision eight  of
 section thirty-six hundred forty-one of this article.
   FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, EACH
 SCHOOL  DISTRICT  SHALL  BE  ENTITLED  TO  AN APPORTIONMENT EQUAL TO THE
 AMOUNT SET FORTH FOR SUCH  SCHOOL  DISTRICT  AS  "ACADEMIC  ENHANCEMENT"
 UNDER  THE  HEADING  "2017-18 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  BUDGET  FOR  THE
 TWO  THOUSAND  SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND ENTITLED
 "SA171-8", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY  THE  STATE
 OBLIGATION  TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF
 SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE.
   § 14. The opening paragraph of subdivision 16 of section 3602  of  the
 education law, as amended by section 25 of part YYY of chapter 59 of the
 laws of 2017, is amended to read as follows:
   Each  school  district  shall  be  eligible  to receive a high tax aid
 apportionment in the two thousand eight--two thousand nine school  year,
 which  shall equal the greater of (i) the sum of the tier 1 high tax aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax aid apportionment or (ii) the product of the apportionment  received
 by  the school district pursuant to this subdivision in the two thousand
 seven--two thousand eight school year,  multiplied  by  the  due-minimum
 factor,  which shall equal, for districts with an alternate pupil wealth
 ratio computed pursuant to paragraph b  of  subdivision  three  of  this
 section that is less than two, seventy percent (0.70), and for all other
 districts,  fifty percent (0.50). Each school district shall be eligible
 to receive a high tax aid apportionment in the  two  thousand  nine--two
 thousand  ten  through two thousand twelve--two thousand thirteen school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand nine--two thousand ten school year and  entitled  "SA0910".
 Each  school district shall be eligible to receive a high tax aid appor-
 tionment in the two thousand thirteen--two thousand fourteen through two
 thousand [seventeen] EIGHTEEN--two thousand [eighteen]  NINETEEN  school
 years  equal  to the greater of (1) the amount set forth for such school
 district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
 the school aid computer listing produced by the commissioner in  support
 of  the  budget  for the two thousand nine--two thousand ten school year
 and entitled "SA0910" or (2)  the  amount  set  forth  for  such  school
 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
 the  school aid computer listing produced by the commissioner in support
 of the executive  budget  for  the  2013-14  fiscal  year  and  entitled
 "BT131-4".
   § 15. The opening paragraph of subdivision 10 of section 3602-e of the
 education law, as amended by section 26 of part YYY of chapter 59 of the
 laws of 2017, is amended to read as follows:
   Notwithstanding  any  provision  of  law  to the contrary, (i) for aid
 payable in the two thousand eight--two thousand nine  school  year,  the
 grant to each eligible school district for universal prekindergarten aid

 A. 9506--A                         27
 
 shall  be  computed  pursuant  to this subdivision, and (ii) for the two
 thousand nine--two thousand ten and two thousand ten--two thousand elev-
 en school years, each school district shall be eligible  for  a  maximum
 grant equal to the amount computed for such school district for the base
 year in the electronic data file produced by the commissioner in support
 of  the  two thousand nine--two thousand ten education, labor and family
 assistance budget, provided, however, that in the  case  of  a  district
 implementing  programs  for  the  first  time  or implementing expansion
 programs in the two thousand eight--two thousand nine school year  where
 such  programs  operate  for  a minimum of ninety days in any one school
 year as provided in section 151-1.4 of the regulations  of  the  commis-
 sioner,  for  the  two  thousand nine--two thousand ten and two thousand
 ten--two thousand eleven school years, such  school  district  shall  be
 eligible  for  a  maximum grant equal to the amount computed pursuant to
 paragraph a of subdivision nine of this  section  in  the  two  thousand
 eight--two  thousand  nine  school  year, and (iii) for the two thousand
 eleven--two thousand twelve school year each school  district  shall  be
 eligible  for  a  maximum  grant  equal to the amount set forth for such
 school district as "UNIVERSAL PREKINDERGARTEN" under the heading  "2011-
 12  ESTIMATED  AIDS"  in the school aid computer listing produced by the
 commissioner in support of the enacted budget  for  the  2011-12  school
 year and entitled "SA111-2", and (iv) for two thousand twelve--two thou-
 sand  thirteen  through  two  thousand  sixteen--two  thousand seventeen
 school years each school district shall be eligible for a maximum  grant
 equal  to  the  greater  of  (A)  the  amount  set forth for such school
 district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11  BASE
 YEAR  AIDS"  in  the school aid computer listing produced by the commis-
 sioner in support of the enacted budget for the 2011-12 school year  and
 entitled "SA111-2", or (B) the amount set forth for such school district
 as  "UNIVERSAL  PREKINDERGARTEN"  under  the  heading "2010-11 BASE YEAR
 AIDS" in the school aid computer listing produced by the commissioner on
 May fifteenth, two thousand eleven pursuant to paragraph b  of  subdivi-
 sion  twenty-one  of section three hundred five of this chapter, and (v)
 for the two thousand seventeen--two thousand eighteen AND  TWO  THOUSAND
 EIGHTEEN--TWO   THOUSAND  NINETEEN  school  [year]  YEARS,  each  school
 district shall be eligible to receive a grant amount equal to the sum of
 (A) the amount set forth for such school district as "UNIVERSAL  PREKIN-
 DERGARTEN"  under the heading "2016-17 ESTIMATED AIDS" in the school aid
 computer listing produced by the commissioner in support of the  enacted
 budget  for the two thousand sixteen--two thousand seventeen school year
 and entitled "SA161-7" plus  (B)  the  amount  awarded  to  such  school
 district for the priority full-day prekindergarten and expanded half-day
 prekindergarten  grant  program for high need students for the two thou-
 sand sixteen--two thousand seventeen school  year  pursuant  to  chapter
 fifty-three  of  the laws of two thousand thirteen, and (vi) for the two
 thousand [eighteen]  NINETEEN--two  thousand  [nineteen]  TWENTY  school
 year,  each  school district shall be eligible to receive a grant amount
 equal to the sum of (A) the amount set forth for such school district as
 "UNIVERSAL PREKINDERGARTEN" in the school aid computer listing  produced
 by  the  commissioner in support of the enacted budget for the two thou-
 sand [seventeen] EIGHTEEN--two thousand [eighteen] NINETEEN school  year
 plus  (B)  the  amount  awarded  to such school district for the federal
 preschool development expansion grant for the two  thousand  seventeen--
 two  thousand eighteen school year pursuant to the American Recovery and
 Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 14013, Title
 XIV, (Public Law 112-10), as amended by section 1832(b) of Division B of

 A. 9506--A                         28
 
 the Department of Defense and Full-Year Continuing  Appropriations  Act,
 2011  (Pub.  L.  112-10), and the Department of Education Appropriations
 Act, 2012 (Title III Division F of  Pub.  L.  112-74,  the  Consolidated
 Appropriations Act, 2012)[, and (vii) for the two thousand nineteen--two
 thousand  twenty  school year, each school district shall be eligible to
 receive a grant amount equal to the sum of (A) the amount set forth  for
 such  school  district  as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the
 computer file produced by the commissioner in  support  of  the  enacted
 budget for the two thousand eighteen--two thousand nineteen school year]
 PLUS  (C)  THE  AMOUNT AWARDED TO SUCH SCHOOL DISTRICT FOR THE STATEWIDE
 UNIVERSAL FULL-DAY PREKINDERGARTEN PROGRAM FOR THE  TWO  THOUSAND  EIGH-
 TEEN--TWO  THOUSAND NINETEEN SCHOOL YEAR PURSUANT TO CHAPTER FIFTY-THREE
 OF THE LAWS OF TWO THOUSAND FOURTEEN PLUS (D) THE AMOUNT AWARDED TO SUCH
 SCHOOL DISTRICT FOR THE EXPANDED PREKINDERGARTEN FOR  THREE-  AND  FOUR-
 YEAR-OLD  STUDENTS  PROGRAM  FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND
 NINETEEN SCHOOL YEAR PURSUANT TO THE CHAPTER OF THE LAWS OF 2018  ESTAB-
 LISHING  SUCH  PROGRAM  plus [(B)] (E) the amount awarded to such school
 district for the expanded prekindergarten program  for  three  and  four
 year-olds  for  the  two thousand eighteen--two thousand nineteen school
 year pursuant to chapter sixty-one of the laws of two  thousand  fifteen
 plus  [(C)]  (F)  the  amount  awarded  to  such school district for the
 expanded prekindergarten for  three-year-olds  in  high  need  districts
 program for the two thousand eighteen--two thousand nineteen school year
 pursuant to chapter fifty-three of the laws of two thousand sixteen plus
 [(D)]  (G)  the  amount awarded to such school district for the expanded
 prekindergarten program for three- and four-year-olds for the two  thou-
 sand  eighteen--two  thousand nineteen school year pursuant to a chapter
 of the laws of two thousand seventeen plus [(E)] (H) the amount  awarded
 to  such school district, subject to an available appropriation, through
 the pre-kindergarten expansion grant for the two thousand  eighteen--two
 thousand  nineteen  school  year, provided that such school district has
 met all requirements pursuant to this section, and  [(viii)]  (VII)  for
 the  two thousand twenty--two thousand twenty-one school year and there-
 after, each school district shall be eligible to receive a grant  amount
 equal to the sum of (A) the amount set forth for such school district as
 "UNIVERSAL  PREKINDERGARTEN ALLOCATION" on the computer file produced by
 the commissioner in support of the enacted budget  for  the  prior  year
 plus  (B)  the  amount  awarded  to  such school district, subject to an
 available appropriation, through the  pre-kindergarten  expansion  grant
 for  the  prior  year,  provided  that  such school district has met all
 requirements pursuant to this section, and  provided  further  that  the
 maximum  grant  shall  not  exceed  the  total actual grant expenditures
 incurred by the school district in the current school year  as  approved
 by the commissioner.
   § 16. Subparagraphs (ii) and (iii) of paragraph b of subdivision 10 of
 section  3602-e  of  the education law, as amended by section 26 of part
 YYY of chapter 59 of the laws of 2017, are amended to read as follows:
   (ii) "Full-day prekindergarten pupils" shall equal:
   For the two thousand seventeen--two thousand eighteen school year  the
 sum  of,  from  the  priority  full-day prekindergarten program, (A) the
 maximum aidable pupils such district was eligible to serve in  the  base
 year  plus  (B)  the  maximum aidable number of half-day prekindergarten
 pupils converted into a full-day prekindergarten pupil in the base year;
   For the two thousand eighteen--two thousand nineteen school  year  the
 sum  of,  from  [each of (A)] the programs pursuant to this section [and
 (B) the federal preschool development expansion  grant,  (1)],  (A)  the

 A. 9506--A                         29
 
 maximum aidable full-day prekindergarten pupils such district was eligi-
 ble  to serve in the base year plus [(2)] (B) the maximum aidable number
 of half-day prekindergarten pupils converted into a full-day  prekinder-
 garten pupil in the base year;
   For the two thousand nineteen--two thousand twenty school year the sum
 of,  from  each  of  (A)  the programs pursuant to this section, (B) THE
 FEDERAL PRESCHOOL DEVELOPMENT EXPANSION GRANT, (C) the expanded  prekin-
 dergarten  program,  [(C)]  (D)  the expanded prekindergarten for three-
 year-olds, [(D)] (E) the expanded prekindergarten program for three- and
 four-year-olds, and [(E)] (F) THE STATEWIDE UNIVERSAL  FULL-DAY  PREKIN-
 DERGARTEN PROGRAM, (G) THE EXPANDED PREKINDERGARTEN FOR THREE- AND FOUR-
 YEAR-OLD  STUDENTS PROGRAM, (H) the prekindergarten expansion grant, (1)
 the maximum aidable full-day prekindergarten pupils  such  district  was
 eligible  to serve in the base year, plus (2) the maximum aidable number
 of half-day prekindergarten pupils converted into a full-day  prekinder-
 garten pupil in the base year;
   For  the  two thousand twenty--two thousand twenty-one school year and
 thereafter the sum of, from each of (A) the programs  pursuant  to  this
 section  and  (B)  the pre-kindergarten expansion grant, (1) the maximum
 aidable full-day prekindergarten pupils such district  was  eligible  to
 serve  in the base year, plus (2) the maximum aidable number of half-day
 prekindergarten pupils converted into a full-day  prekindergarten  pupil
 in the base year;
   (iii) "Half-day prekindergarten pupils" shall equal:
   For  the two thousand seventeen--two thousand eighteen school year the
 sum of the maximum aidable half-day prekindergarten pupils such district
 was eligible to serve for the base year from (A) the program pursuant to
 this section plus such pupils from (B) the priority full-day  prekinder-
 garten  program,  less the maximum aidable number of half-day prekinder-
 garten pupils converted into a full-day prekindergarten pupil under  the
 priority full-day prekindergarten program for the base year;
   For  the  two thousand eighteen--two thousand nineteen school year the
 maximum aidable half-day prekindergarten pupils such district was eligi-
 ble to serve for the base year from [(A) the program  pursuant  to  this
 section  less (B) the maximum aidable number of half-day prekindergarten
 pupils converted into a full-day prekindergarten pupil under the federal
 preschool development expansion grant for the  base  year]  THE  PROGRAM
 PURSUANT TO THIS SECTION;
   For the two thousand nineteen--two thousand twenty school year the sum
 of the maximum aidable half-day prekindergarten pupils such district was
 eligible  to  serve  for  the base year from (A) the program pursuant to
 this section plus such pupils  from  (B)  the  expanded  prekindergarten
 program  plus  such  pupils  from  (C)  the expanded prekindergarten for
 three-year-olds plus such pupils from (D) the  expanded  prekindergarten
 program  for  three-  and  four-year-olds  plus such pupils from (E) the
 prekindergarten expansion grant, less the sum  of  the  maximum  aidable
 number  of  half-day  prekindergarten  pupils  converted into a full-day
 prekindergarten pupil under each of (1) THE FEDERAL PRESCHOOL  EXPANSION
 GRANT  FOR  THE BASE YEAR PLUS SUCH PUPILS FROM (2) the expanded prekin-
 dergarten program plus such pupils from [(2)] (3) the  expanded  prekin-
 dergarten  for  three-year-olds  plus  such  pupils  from  [(3)] (4) the
 expanded prekindergarten program for three- and four-year-olds plus such
 pupils from [(4)] (5) THE STATEWIDE UNIVERSAL  FULL-DAY  PREKINDERGARTEN
 PROGRAM  PLUS  SUCH  PUPILS  FROM  (6)  THE EXPANDED PREKINDERGARTEN FOR
 THREE- AND FOUR-YEAR-OLD STUDENTS PROGRAM PLUS SUCH PUPILS FROM (7)  the
 prekindergarten expansion grant for the base year;

 A. 9506--A                         30
 
   For  the  two thousand twenty--two thousand twenty-one school year and
 thereafter the sum  of  the  maximum  aidable  half-day  prekindergarten
 pupils  such  district  was eligible to serve for the base year from (A)
 the program pursuant to this section plus such pupils from (B) the  pre-
 kindergarten  expansion  grant, less the maximum aidable number of half-
 day prekindergarten pupils converted  into  a  full-day  prekindergarten
 pupil under the prekindergarten expansion grant for the base year;
   §  17.  The  closing  paragraph  of  paragraph  b of subdivision 10 of
 section 3602-e of the education law, as amended by section  26  of  part
 YYY of chapter 59 of the laws of 2017, is amended to read as follows:
   For the purposes of this paragraph:
   (A) "Priority full-day prekindergarten program" shall mean the priori-
 ty  full-day prekindergarten and expanded half-day prekindergarten grant
 program for high need students pursuant to chapter  fifty-three  of  the
 laws of two thousand thirteen;
   (B)"Federal  preschool  development  expansion  grant"  shall mean the
 federal preschool development expansion grant pursuant to  the  American
 Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and
 14013,  Title XIV, (Public Law 112-10), as amended by section 1832(b) of
 Division B of the Department of Defense and Full-Year Continuing  Appro-
 priations  Act,  2011  (Pub. L. 112-10), and the Department of Education
 Appropriations Act, 2012 (Title III Division F of Pub. L.   112-74,  the
 Consolidated Appropriations Act, 2012);
   (C) "Expanded prekindergarten program" shall mean the expanded prekin-
 dergarten  program  for  three-  and  four year-olds pursuant to chapter
 sixty-one of the laws of two thousand fifteen;
   (D) "Expanded prekindergarten  for  three-year-olds"  shall  mean  the
 expanded  prekindergarten  for  three-year-olds  in  high need districts
 program pursuant to chapter fifty-three of  the  laws  of  two  thousand
 sixteen;
   (E)  "Expanded  prekindergarten program for three- and four-year-olds"
 shall mean the expanded prekindergarten program  for  three-  and  four-
 year-olds pursuant to a chapter of the laws of two thousand seventeen;
   (F)  "STATEWIDE UNIVERSAL FULL-DAY PREKINDERGARTEN PROGRAM" SHALL MEAN
 THE STATEWIDE UNIVERSAL FULL-DAY  PREKINDERGARTEN  PROGRAM  PURSUANT  TO
 CHAPTER FIFTY-THREE OF THE LAWS OF TWO THOUSAND FOURTEEN;
   (G)   "THE  EXPANDED  PREKINDERGARTEN  FOR  THREE-  AND  FOUR-YEAR-OLD
 STUDENTS PROGRAM" SHALL MEAN THE EXPANDED PREKINDERGARTEN FOR THREE- AND
 FOUR-YEAR-OLD STUDENTS PROGRAM PURSUANT TO THE CHAPTER OF  THE  LAWS  OF
 2018 ESTABLISHING SUCH PROGRAM;
   [(F)]  (H) "Prekindergarten expansion grant" shall mean the prekinder-
 garten expansion grant for the two thousand eighteen--two thousand nine-
 teen school year and thereafter, PURSUANT  TO  SUBDIVISION  EIGHTEEN  OF
 THIS SECTION, to the extent such program was available subject to appro-
 priation,  and  provided  that such school district has met all require-
 ments pursuant to this section.
   § 18. Subdivision 11 of  section  3602-e  of  the  education  law,  as
 amended  by section 27 of part YYY of chapter 59 of the laws of 2017, is
 amended to read as follows:
   11. Maintenance of effort reduction. Where a school district's current
 year prekindergarten pupils served  is  less  than  its  prekindergarten
 maintenance  of  effort base, the school district shall have its current
 year apportionment [reduced by] EQUAL TO the product of the  maintenance
 of  effort  factor  computed  in  paragraph b of subdivision ten of this
 section multiplied by the grant amount it was eligible to receive pursu-
 ant to subdivision ten of this section.

 A. 9506--A                         31
 
   § 18-a. Subparagraph (ii) of paragraph (c) of subdivision 8 of section
 3602-ee of the education law, as amended by section 31-a of part YYY  of
 chapter 59 of the laws of 2017, is amended to read as follows:
   (ii)  Provided  that, notwithstanding any provisions of this paragraph
 to the contrary, for the two thousand  seventeen-two  thousand  eighteen
 AND  TWO THOUSAND EIGHTEEN-TWO THOUSAND NINETEEN school [year] YEARS, an
 exemption to the certification requirement of subparagraph (i)  of  this
 paragraph  may  be  made  for  a teacher without certification valid for
 service in the early childhood grades who possesses a  written  plan  to
 obtain  certification  and  who  has  registered in the ASPIRE workforce
 registry as required under regulations of the commissioner of the office
 of  children  and  family  services.    [Notwithstanding  any  exemption
 provided  by  this  subparagraph,  certification  shall  be required for
 employment no later than June thirtieth, two thousand eighteen.]
   § 18-b. Subdivision 18 of section 3602-e  of  the  education  law,  as
 added  by  section  30 of part YYY of chapter 59 of the laws of 2017, is
 amended to read as follows:
   18. Universal [prekindergarten] PRE-KINDERGARTEN  expansion  [grants].
 A.  Subject  to available appropriation, any additional funding for pre-
 kindergarten in the two thousand eighteen--two thousand nineteen  school
 year  and  thereafter  shall be made available for additional grants for
 pre-kindergarten programs FOR FOUR-YEAR-OLD STUDENTS; PROVIDED THAT SUCH
 GRANTS SHALL BE AWARDED TO SCHOOL DISTRICTS TO  ESTABLISH  NEW  FULL-DAY
 AND  HALF-DAY PRE-KINDERGARTEN PLACEMENTS FOR FOUR-YEAR-OLDS. ALL SCHOOL
 DISTRICTS SHALL BE ELIGIBLE TO APPLY FOR SUCH  GRANTS,  WHICH  SHALL  BE
 AWARDED  BASED  ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
 (I) MEASURES OF SCHOOL DISTRICT NEED,  (II)  MEASURES  OF  THE  NEED  OF
 STUDENTS  TO  BE  SERVED  BY  THE  SCHOOL  DISTRICT,  (III)  THE  SCHOOL
 DISTRICT'S PROPOSAL TO TARGET THE HIGHEST-NEED SCHOOLS AND STUDENTS, AND
 (IV) THE EXTENT TO WHICH THE DISTRICT'S PROPOSAL WOULD PRIORITIZE  FUNDS
 TO MAXIMIZE THE TOTAL NUMBER OF ELIGIBLE CHILDREN IN THE DISTRICT SERVED
 IN PRE-KINDERGARTEN PROGRAMS.
   B.  GRANTS  APPROPRIATED  HEREIN  SHALL  ONLY  BE AVAILABLE TO SUPPORT
 PROGRAMS: (I) THAT AGREE TO OFFER INSTRUCTION CONSISTENT WITH APPLICABLE
 NEW YORK STATE PRE-KINDERGARTEN EARLY LEARNING STANDARDS; AND (II)  THAT
 OTHERWISE  COMPLY  WITH  ALL  OF  THE  SAME  RULES  AND  REQUIREMENTS AS
 UNIVERSAL PRE-KINDERGARTEN PROGRAMS PURSUANT TO THIS SECTION.
   C. A SCHOOL DISTRICT'S GRANT SHALL EQUAL THE PRODUCT OF: (I)  (A)  TWO
 MULTIPLIED  BY  THE  APPROVED  NUMBER  OF  NEW FULL-DAY PRE-KINDERGARTEN
 PLACEMENTS PLUS (B) THE APPROVED  NUMBER  OF  HALF-DAY  PRE-KINDERGARTEN
 PLACEMENT  CONVERSIONS AND NEW HALF-DAY PRE-KINDERGARTEN PLACEMENTS, AND
 (II) THE DISTRICT'S SELECTED AID PER PRE-KINDERGARTEN PUPIL PURSUANT  TO
 SUBPARAGRAPH  (I)  OF  PARAGRAPH  B  OF SUBDIVISION TEN OF THIS SECTION;
 PROVIDED, HOWEVER, THAT NO DISTRICT SHALL RECEIVE A GRANT IN  EXCESS  OF
 THE  TOTAL  ACTUAL  GRANT  EXPENDITURES  INCURRED BY THE DISTRICT IN THE
 CURRENT SCHOOL YEAR AS APPROVED BY THE COMMISSIONER.
   § 19. Subdivision 16 of  section  3602-ee  of  the  education  law  is
 REPEALED.
   § 19-a. Section 3602-ee of the education law is REPEALED.
   §  20.  a. Notwithstanding any other provision of law to the contrary,
 the actions or omissions of any school district which failed to submit a
 final building project cost report by June 30 of the school year follow-
 ing June 30 of the school year in which the certificate  of  substantial
 completion of the project is issued by the architect or engineer, or six
 months after issuance of such certificate, whichever is later, are here-
 by  ratified  and  validated,  provided  that  such building project was

 A. 9506--A                         32
 
 eligible for aid in a year for which the commissioner  of  education  is
 required to prepare an estimate of apportionments due and owing pursuant
 to  paragraph  c  of subdivision 21 of section 305 of the education law,
 provided  further  that such school district submits a final cost report
 on or before December 31, 2018  and  such  report  is  approved  by  the
 commissioner  of education, and provided further that any amount due and
 payable for school years prior to the 2019--2020 school year as a result
 of this act shall be paid pursuant to the provisions of paragraph  c  of
 subdivision  5 of section 3604 of the education law, provided however if
 such aid has already been paid to the district then  such  district  may
 retain  such aid net any disallowances calculated under subdivision c of
 this section.
   b. Notwithstanding any other provision of law  to  the  contrary,  any
 pending  payment  of moneys due to such district as a prior year adjust-
 ment payable pursuant to paragraph c of subdivision 5 of section 3604 of
 the education law for aid claims that had been previously paid in excess
 as current year aid payments and for which recovery of  excess  payments
 is  to  be  made pursuant to this act, shall be reduced by any remaining
 unrecovered balance of such excess payments, and the remaining scheduled
 deductions of such excess payments pursuant to this act shall be reduced
 by the commissioner of education to reflect the amount so recovered.
   c. The education department is hereby directed to adjust the  approved
 costs  of the aforementioned projects on a pro-rata basis to reflect the
 number of years between June 30 of the school year following June 30  of
 the  school  year  in which the certificate of substantial completion of
 the project is issued by the architect or engineer, or six months  after
 issuance of such certificate, whichever is later and the date upon which
 the  district  filed  a  final cost report as a proportion of the useful
 life of the project, provided that in no case shall such  adjustment  be
 larger  than  five percent, and to consider such adjusted approved costs
 as valid and proper obligations of such school districts.
   d. The office of the state comptroller  shall  review  the  state  aid
 claims process of any district which files a final cost report under the
 provisions of subdivision a of this section.
   § 21. The opening paragraph of section 3609-a of the education law, as
 amended  by section 33 of part YYY of chapter 59 of the laws of 2017, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through the two thousand [seventeen] EIGHTEEN--two thousand [eigh-
 teen] NINETEEN school year, "moneys apportioned" shall mean  the  lesser
 of (i) the sum of one hundred percent of the respective amount set forth
 for  each  school  district  as  payable pursuant to this section in the
 school aid computer listing for the current year produced by the commis-
 sioner in support of the budget which includes the appropriation for the
 general support for public schools for the prescribed payments and indi-
 vidualized payments due prior to April first for the current  year  plus
 the  apportionment  payable  during  the current school year pursuant to
 subdivision six-a and subdivision fifteen of section thirty-six  hundred
 two  of  this part minus any reductions to current year aids pursuant to
 subdivision seven of section thirty-six hundred four of this part or any
 deduction from  apportionment  payable  pursuant  to  this  chapter  for
 collection  of a school district basic contribution as defined in subdi-
 vision eight of section forty-four hundred one of this chapter, less any
 grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
 vision  four  of section ninety-two-c of the state finance law, less any
 grants provided pursuant to subdivision six of section ninety-seven-nnnn

 A. 9506--A                         33
 
 of the state finance law, less any grants provided pursuant to  subdivi-
 sion  twelve of section thirty-six hundred forty-one of this article, or
 (ii) the apportionment calculated by the commissioner based on  data  on
 file  at  the  time the payment is processed; provided however, that for
 the purposes of any payments made pursuant to this section prior to  the
 first business day of June of the current year, moneys apportioned shall
 not  include any aids payable pursuant to subdivisions six and fourteen,
 if applicable, of section thirty-six hundred two of this part as current
 year aid for debt service on bond anticipation notes and/or bonds  first
 issued in the current year or any aids payable for full-day kindergarten
 for  the current year pursuant to subdivision nine of section thirty-six
 hundred two of this part. The definitions of "base  year"  and  "current
 year"  as set forth in subdivision one of section thirty-six hundred two
 of this part shall apply to this section. For aid  payable  in  the  two
 thousand  [seventeen]  EIGHTEEN--two thousand [eighteen] NINETEEN school
 year, reference to such "school aid computer  listing  for  the  current
 year" shall mean the printouts entitled ["SA171-8"] "SA181-9".
   §  22.  Paragraph  b of subdivision 2 of section 3612 of the education
 law, as amended by section 34 of part YYY of chapter 59 of the  laws  of
 2017, 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
 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 [seventeen] EIGHTEEN--two thousand [eighteen] NINETEEN.
   § 23. Subdivision 6 of section 4402 of the education law,  as  amended
 by  section 35 of part YYY of chapter 59 of the laws of 2017, 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 [eighteen] NINETEEN  of  the
 two  thousand  [seventeen]  EIGHTEEN--two  thousand  [eighteen] NINETEEN
 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

 A. 9506--A                         34

 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.
   § 24. Paragraph c of subdivision 5 of section 3604  of  the  education
 law,  as  added by chapter 82 of the laws of 1995, is amended to read as
 follows:
   c. Payment of moneys due for prior years. State aid payments  due  for
 prior  years in accordance with the provisions of this subdivision shall
 be paid EITHER: (I) FROM FUNDS AVAILABLE  IN  THE  GENERAL  SUPPORT  FOR
 PUBLIC  SCHOOL  APPROPRIATION  AS  A  RESULT  OF THE DEDUCTION OF EXCESS
 PAYMENTS OF AID PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVISION,  OR  (II)
 within  the  limit  of  the  appropriation designated therefor provided,
 however, that each eligible claim shall be payable in the order that  it
 has  been approved for payment by the commissioner, but in no case shall
 a single claim draw down more than forty percent of the appropriation so
 designated for a single year, and provided further that no  claim  shall
 be  set aside for insufficiency of funds to make a complete payment, but
 shall be eligible for a partial payment in one year and shall retain its
 priority date status for appropriations designated for such purposes  in
 future years.
   §  25.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
 relating to funding a program for work force education conducted by  the
 consortium  for worker education in New York city, as amended by section
 44 of part YYY of chapter 59 of the laws of 2017, is amended to read  as
 follows:
   b.  Reimbursement for programs approved in accordance with subdivision
 a of this section for the [2015--2016 school year shall not exceed  60.7
 percent of the lesser of such approvable costs per contact hour or thir-
 teen  dollars  and  forty cents per contact hour, reimbursement for the]
 2016--2017 school year shall not exceed 60.3 percent of  the  lesser  of
 such  approvable costs per contact hour or thirteen dollars ninety cents
 per contact hour, [and] reimbursement for  the  2017--2018  school  year
 shall not exceed 60.4 percent of the lesser of such approvable costs per
 contact  hour or thirteen dollars and ninety cents per contact hour, AND
 REIMBURSEMENT FOR THE 2018--2019  SCHOOL  YEAR  SHALL  NOT  EXCEED  59.4

 A. 9506--A                         35
 
 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR FOUR-
 TEEN  DOLLARS  AND  NINETY-FIVE  CENTS PER CONTACT HOUR, where a contact
 hour represents sixty minutes of instruction  services  provided  to  an
 eligible  adult.    Notwithstanding  any  other  provision of law to the
 contrary, [for the 2015--2016 school year such contact hours  shall  not
 exceed one million five hundred ninety-nine thousand fifteen (1,599,015)
 hours;  whereas] for the 2016--2017 school year such contact hours shall
 not exceed one million five hundred  fifty-one  thousand  three  hundred
 twelve  (1,551,312);  [and]  WHEREAS for the 2017--2018 school year such
 contact hours shall not exceed one million five hundred forty-nine thou-
 sand four hundred sixty-three (1,549,463); AND FOR THE 2018--2019 SCHOOL
 YEAR SUCH CONTACT HOURS  SHALL  NOT  EXCEED  ONE  MILLION  FOUR  HUNDRED
 SIXTY-THREE  THOUSAND  NINE  HUNDRED SIXTY-THREE (1,463,963).   Notwith-
 standing any other provision of law to the contrary,  the  apportionment
 calculated for the city school district of the city of New York pursuant
 to subdivision 11 of section 3602 of the education law shall be computed
 as  if  such  contact hours provided by the consortium for worker educa-
 tion, not to exceed the contact hours set forth  herein,  were  eligible
 for  aid  in  accordance  with  the provisions of such subdivision 11 of
 section 3602 of the education law.
   § 26. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
 ing  a  program for work force education conducted by the consortium for
 worker education in New York city, is amended by adding a  new  subdivi-
 sion w to read as follows:
   W.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2018--2019 SCHOOL  YEAR.  NOTWITHSTANDING
 ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
 WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
 AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
   § 27. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
 ing  a  program for work force education conducted by the consortium for
 worker education in New York city, as amended by section 46 of part  YYY
 of chapter 59 of the laws of 2017, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed on June 30, [2018] 2019.
   § 27-a. Paragraph a-1 of subdivision 11 of section 3602 of the  educa-
 tion law, as amended by section 60 of part YYY of chapter 59 of the laws
 of 2017, is amended to read as follows:
   a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
 sion, for aid payable in the school years two thousand--two thousand one
 through two thousand nine--two thousand ten, and two  thousand  eleven--
 two thousand twelve through two thousand [seventeen] EIGHTEEN--two thou-
 sand  [eighteen]  NINETEEN, the commissioner may set aside an amount not
 to exceed two million five  hundred  thousand  dollars  from  the  funds
 appropriated for purposes of this subdivision for the purpose of serving
 persons  twenty-one  years of age or older who have not been enrolled in
 any school for the preceding school year,  including  persons  who  have
 received  a  high  school diploma or high school equivalency diploma but
 fail to demonstrate basic educational competencies as defined  in  regu-
 lation  by  the  commissioner,  when  measured  by accepted standardized
 tests, and who shall be eligible to attend employment preparation educa-
 tion programs operated pursuant to this subdivision.

 A. 9506--A                         36
 
   § 28. 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 47 of part YYY of chapter
 59 of the laws of 2017, 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,
 [2018] 2019 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 twenty-four of this act shall be deemed to be
 repealed on and after July 1, [2018] 2019;
   §  29. Tuition rates approved for the two thousand eighteen--two thou-
 sand nineteen school year for special services or programs  provided  to
 school-age  students  by  special act school districts; approved private
 residential or non-residential schools for  the  education  of  students
 with  disabilities  that  are located within the state; and providers of
 education to preschool children with disabilities  pursuant  to  section
 4410 of the education law shall provide for an increase of at least four
 percent in reimbursable costs.
   §  29-a.  Section 4004 of the education law is amended by adding a new
 subdivision 5 to read as follows:
   5. THE BOARD OF EDUCATION OF A SPECIAL ACT SCHOOL  DISTRICT  SHALL  BE
 AUTHORIZED  TO  ESTABLISH A FISCAL STABILIZATION RESERVE FUND. THERE MAY
 BE PAID INTO SUCH FUND AN AMOUNT AS MAY  BE  PROVIDED  PURSUANT  TO  THE
 REQUIREMENTS  OF  PARAGRAPH  K OF SUBDIVISION FOUR OF SECTION FORTY-FOUR
 HUNDRED FIVE OF THIS TITLE.
   § 29-b. Subdivision 4 of section 4405 of the education law is  amended
 by adding a new paragraph k to read as follows:
   K.  THE  TUITION  METHODOLOGY ESTABLISHED PURSUANT TO THIS SUBDIVISION
 FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND  NINETEEN  SCHOOL  YEAR  AND
 THEREAFTER  SHALL AUTHORIZE APPROVED PRIVATE RESIDENTIAL OR NON-RESIDEN-
 TIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH  DISABILITIES  THAT  ARE
 LOCATED  WITHIN  THE  STATE, AND SPECIAL ACT SCHOOL DISTRICTS, TO RETAIN
 FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE COSTS  INCURRED  FOR
 SERVICES  AND  PROGRAMS  PROVIDED  TO SCHOOL-AGE STUDENTS. THE AMOUNT OF
 FUNDS THAT MAY BE ANNUALLY RETAINED SHALL NOT EXCEED ONE PERCENT OF  THE
 SCHOOL'S OR SCHOOL DISTRICT'S TOTAL ALLOWABLE AND REIMBURSABLE COSTS FOR
 SERVICES  AND  PROGRAMS  PROVIDED  TO SCHOOL-AGE STUDENTS FOR THE SCHOOL
 YEAR FROM WHICH THE FUNDS ARE TO BE RETAINED; PROVIDED  THAT  THE  TOTAL
 ACCUMULATED  BALANCE  THAT MAY BE RETAINED SHALL NOT EXCEED FOUR PERCENT
 OF SUCH TOTAL COSTS FOR SUCH SCHOOL YEAR. FUNDS  MAY  BE  EXPENDED  ONLY
 PURSUANT  TO  AN  AUTHORIZATION  OF THE GOVERNING BOARD OF THE SCHOOL OR
 SCHOOL DISTRICT, FOR A PURPOSE  EXPRESSLY  AUTHORIZED  AS  PART  OF  THE
 APPROVED  TUITION  METHODOLOGY FOR THE YEAR IN WHICH THE FUNDS ARE TO BE
 EXPENDED. THE DIRECTOR OF THE BUDGET, IN CONSULTATION WITH  THE  COMMIS-
 SIONER, SHALL ESTABLISH THE AUTHORIZED USES FOR THE EXPENDITURES OF SUCH
 FUNDS  AS PART OF THE APPROVED TUITION METHODOLOGY. ANY SCHOOL OR SCHOOL
 DISTRICT THAT RETAINS FUNDS PURSUANT TO THIS PARAGRAPH SHALL BE REQUIRED
 TO ANNUALLY REPORT A STATEMENT OF THE TOTAL BALANCE OF ANY SUCH RETAINED
 FUNDS, THE AMOUNT, IF ANY, RETAINED IN THE PRIOR SCHOOL YEAR, AN AMOUNT,
 IF ANY, DISPERSED IN THE PRIOR SCHOOL YEAR, AND ANY ADDITIONAL  INFORMA-

 A. 9506--A                         37
 
 TION  REQUESTED  BY THE DEPARTMENT AS PART OF THE FINANCIAL REPORTS THAT
 ARE REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT.
   § 30. Section 8 of chapter 89 of the laws of 2016, relating to supple-
 mentary funding for dedicated programs for public school students in the
 East  Ramapo  central  school district, as amended by section 49 of part
 YYY of chapter 59 of the laws of 2017, is amended to read as follows:
   § 8. This act shall take effect July 1, 2016 and shall expire  and  be
 deemed  repealed  June  30,  [2018]  2019,  EXCEPT THAT PARAGRAPH (B) OF
 SECTION FIVE OF THIS ACT AND PARAGRAPH SEVEN OF THIS  ACT  SHALL  EXPIRE
 AND BE DEEMED REPEALED JUNE 30, 2021.
   §  31.  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 section 50 of part YYY
 of chapter 59 of the laws of 2017, is amended to read as follows:
   § 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, [2018] 2019 when
 upon such date the provisions of this act shall be deemed repealed.
   § 32. 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 32 of part A of chapter 54 of the laws of 2016, 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
 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, [2018] 2020.
   §  33.  Section  4  of  chapter  425 of the laws of 2002, amending the
 education 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 section 12 of part YYY of chapter 59 of the laws of 2017, is
 amended to read as follows:
   § 4. This act shall take effect July 1, 2002 and shall expire  and  be
 deemed repealed June 30, [2018] 2019.
   §  34.  Section  5  of  chapter  101 of the laws of 2003, amending the
 education law relating to the implementation of the No Child Left Behind
 Act of 2001, as amended by section 13 of part YYY of chapter 59  of  the
 laws of 2017, is amended to read as follows:
   §  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, [2018] 2019.
   §  35.  Section 2 of subpart B of part AA of chapter 56 of the laws of
 2014, amending the education law relating to providing that standardized
 test scores shall not be included on a student's  permanent  record,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on December 31, [2018] 2019.

 A. 9506--A                         38
 
   § 36. School bus driver training. In addition to apportionments other-
 wise provided by section 3602 of the education law, for aid  payable  in
 the  2018-2019 school year, the commissioner of education shall allocate
 school bus driver training grants to  school  districts  and  boards  of
 cooperative educational 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)  per
 school year.
   §  37.  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
 week of June 2019 and not later than the last  day  of  the  third  full
 business week of June 2019, a school district eligible for an apportion-
 ment  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, 2019, for salary expenses incurred between April 1 and
 June 30, 2018 and such apportionment shall not exceed the sum of (i) the
 deficit reduction assessment of 1990--1991 as determined by the  commis-
 sioner 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 inhabitants accord-
 ing to the latest federal census, plus  (iv)  the  net  gap  elimination
 adjustment  for  2010--2011, as determined by the commissioner of educa-
 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
 nation adjustment for 2011--2012 as determined by  the  commissioner  of
 education  pursuant  to  subdivision 17 of section 3602 of the education
 law, 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

 A. 9506--A                         39

 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
 apportionment  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 para-
 graph, 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.
   §  38.  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, 2019, a school district  eligi-
 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, 2019 and such apportionment shall
 not exceed the  additional  accruals  required  to  be  made  by  school
 districts  in the 2004--2005 and 2005--2006 school years associated with
 changes for such public pension liabilities. The amount  of  such  addi-
 tional  accrual  shall  be certified to the commissioner of education by
 the president 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
 apportionment  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 para-
 graph, and any remainder to be deducted from the individualized payments

 A. 9506--A                         40
 
 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.
   §  39.  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
 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 office of prekindergarten through grade
 twelve education programs.
   § 40. 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  2018--2019 school year, as a non-component school
 district, services required by article 19 of the education law.
   § 41. The amounts specified in this section shall be a  setaside  from
 the  state  funds  which  each such district is receiving from the total
 foundation aid:
   a. for the development, maintenance or expansion of magnet schools  or
 magnet  school  programs  for  the  2018--2019 school year. For the city
 school district of the city of New York there shall  be  a  setaside  of
 foundation  aid  equal  to  forty-eight million one hundred seventy-five
 thousand dollars ($48,175,000) including five hundred  thousand  dollars
 ($500,000)  for  the  Andrew  Jackson  High School; for the Buffalo city
 school  district,  twenty-one  million  twenty-five   thousand   dollars
 ($21,025,000);  for  the Rochester city school district, fifteen million
 dollars ($15,000,000); for the Syracuse city school  district,  thirteen
 million  dollars  ($13,000,000);  for  the Yonkers city school district,
 forty-nine million five hundred thousand dollars ($49,500,000); for  the
 Newburgh city school district, four million six hundred forty-five thou-
 sand  dollars  ($4,645,000);  for the Poughkeepsie city school district,
 two million four hundred seventy-five thousand dollars ($2,475,000); for
 the Mount Vernon city school district, two million dollars ($2,000,000);
 for the New Rochelle city school district, one million four hundred  ten
 thousand dollars ($1,410,000); for the Schenectady city school district,
 one  million  eight  hundred thousand dollars ($1,800,000); for the Port
 Chester city school district, one million  one  hundred  fifty  thousand
 dollars  ($1,150,000);  for  the White Plains city school district, nine
 hundred thousand dollars ($900,000); for the Niagara Falls  city  school
 district,  six  hundred thousand dollars ($600,000); for the Albany city
 school district, three  million  five  hundred  fifty  thousand  dollars
 ($3,550,000);  for  the  Utica city school district, two million dollars

 A. 9506--A                         41
 
 ($2,000,000); for the Beacon city school district, five  hundred  sixty-
 six   thousand  dollars  ($566,000);  for  the  Middletown  city  school
 district, four hundred thousand dollars  ($400,000);  for  the  Freeport
 union  free  school  district, four hundred thousand dollars ($400,000);
 for the Greenburgh  central  school  district,  three  hundred  thousand
 dollars  ($300,000);  for  the  Amsterdam  city  school  district, eight
 hundred thousand dollars  ($800,000);  for  the  Peekskill  city  school
 district,  two  hundred  thousand dollars ($200,000); and for the Hudson
 city school district, four hundred thousand dollars ($400,000).
   b. Notwithstanding any inconsistent provision of law to the  contrary,
 a  school  district  setting  aside such foundation aid pursuant to this
 section may use such  setaside  funds  for:  (i)  any  instructional  or
 instructional  support  costs  associated with the operation of a magnet
 school; or (ii) any instructional or instructional support costs associ-
 ated with implementation of an alternative approach to promote diversity
 and/or enhancement of the instructional program and raising of standards
 in elementary and secondary schools of school districts having  substan-
 tial concentrations of minority students.
   c.  The  commissioner of education shall not be authorized to withhold
 foundation aid from a school district that used such funds in accordance
 with this paragraph, notwithstanding any inconsistency  with  a  request
 for  proposals issued by such commissioner for the purpose of attendance
 improvement and dropout prevention for the 2018--2019 school  year,  and
 for  any city school district in a city having a population of more than
 one  million,  the  setaside  for  attendance  improvement  and  dropout
 prevention  shall  equal  the amount set aside in the base year. For the
 2018--2019 school year, it is further  provided  that  any  city  school
 district  in  a  city having a population of more than one million shall
 allocate at least one-third of any increase from  base  year  levels  in
 funds set aside pursuant to the requirements of this section to communi-
 ty-based  organizations.  Any increase required pursuant to this section
 to community-based organizations must  be  in  addition  to  allocations
 provided to community-based organizations in the base year.
   d.  For the purpose of teacher support for the 2018--2019 school year:
 for the city school district of the city of New York, sixty-two  million
 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
 school  district,  one  million seven hundred forty-one thousand dollars
 ($1,741,000); for the Rochester city school district, one million seven-
 ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
 district,   one   million   one  hundred  forty-seven  thousand  dollars
 ($1,147,000); and for the Syracuse city school district,  eight  hundred
 nine  thousand  dollars ($809,000). All funds made available to a school
 district pursuant to this section shall be  distributed  among  teachers
 including  prekindergarten teachers and teachers of adult vocational and
 academic subjects in accordance with this section and shall be in  addi-
 tion  to  salaries heretofore or hereafter negotiated or made available;
 provided, however, that all funds distributed pursuant to  this  section
 for  the  current year shall be deemed to incorporate all funds distrib-
 uted pursuant to former subdivision 27 of section 3602 of the  education
 law  for prior years. In school districts where the teachers are repres-
 ented by certified or  recognized  employee  organizations,  all  salary
 increases  funded  pursuant to this section shall be determined by sepa-
 rate collective negotiations conducted pursuant to  the  provisions  and
 procedures  of  article 14 of the civil service law, notwithstanding the
 existence of a negotiated agreement between  a  school  district  and  a
 certified or recognized employee organization.

 A. 9506--A                         42
 
   §  42.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2017  enacting
 the  aid  to  localities  budget  shall be apportioned for the 2018-2019
 state fiscal year in accordance with the  provisions  of  sections  271,
 272,  273,  282,  284,  and  285  of the education law as amended by the
 provisions of this chapter 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  2018-2019
 by a chapter of the laws of 2018 enacting the education, labor and fami-
 ly  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.
   §  42-a.  Section  3  of  chapter 507 of the laws of 1974, relating to
 providing for the apportionment of state  monies  to  certain  nonpublic
 schools,  to reimburse them for their expenses in complying with certain
 state requirements for the administration of state  testing  and  evalu-
 ation programs and for participation in state programs for the reporting
 of basic educational data, as amended by section 17 of part YYY of chap-
 ter 59 of the laws of 2017, is amended to read as follows:
   §  3.  Apportionment.  a. The commissioner shall annually apportion to
 each qualifying school, for school years beginning  on  and  after  July
 first, nineteen hundred seventy-four, an amount equal to the actual cost
 incurred  by  each  such  school  during  the  preceding school year for
 providing services required by law  to  be  rendered  to  the  state  in
 compliance  with  the  requirements  of  the  state's  pupil  evaluation
 program, the basic educational data system,  regents  examinations,  the
 statewide  evaluation  plan,  the uniform procedure for pupil attendance
 reporting, the state's immunization  program  and  other  similar  state
 prepared examinations and reporting procedures.
   b.  SUCH  NONPUBLIC  SCHOOLS SHALL BE ELIGIBLE TO RECEIVE AID BASED ON
 THE NUMBER OF DAYS OR PORTION OF DAYS ATTENDANCE IS TAKEN AND  EITHER  A
 5.0/5.5  HOUR  STANDARD INSTRUCTIONAL DAY, OR ANOTHER WORK DAY AS CERTI-
 FIED BY THE NONPUBLIC SCHOOL OFFICIALS, IN ACCORDANCE WITH THE METHODOL-
 OGY FOR COMPUTING SALARY AND  BENEFITS  APPLIED  BY  THE  DEPARTMENT  IN
 PAYING  AID FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN AND PRIOR
 SCHOOL YEARS.
   C. The commissioner shall annually apportion to each qualifying school
 in the cities of New York,  Buffalo  and  Rochester,  for  school  years
 beginning  on  or after July first two thousand sixteen, an amount equal
 to the actual cost incurred by each such  school  during  the  preceding
 school  year  in meeting the recording and reporting requirements of the
 state school immunization program, provided that the  state's  liability
 shall be limited to the amount appropriated for this purpose.
   § 42-b. Subdivision a of section 5 of chapter 121 of the laws of 1996,
 relating  to  authorizing  the  Roosevelt  union free school district to
 finance deficits by the issuance of serial bonds, as amended by  section

 A. 9506--A                         43
 
 38  of part YYY of chapter 59 of the laws of 2017, is amended to read as
 follows:
   a.  Notwithstanding  any  other provisions of law, upon application to
 the commissioner of education submitted not sooner than April first  and
 not  later than June thirtieth of the applicable school year, the Roose-
 velt union free school district shall be eligible to receive  an  appor-
 tionment pursuant to this chapter for salary expenses, including related
 benefits, incurred between April first and June thirtieth of such school
 year.   Such apportionment shall not exceed: for the 1996-97 school year
 through  the  [2017-18]  2018-19  school  year,  four  million   dollars
 ($4,000,000);  for  the  [2018-19]  2019-20  school  year, three million
 dollars ($3,000,000); for the [2019-20] 2020-21 school year, two million
 dollars ($2,000,000); for the [2020-21] 2021-22 school year, one million
 dollars ($1,000,000); and for the [2021-22] 2022-23  school  year,  zero
 dollars.    Such  annual  application  shall  be made after the board of
 education has adopted a resolution to do so with  the  approval  of  the
 commissioner of education.
   §  42-c.  Paragraph c of subdivision 2 of section 2023-a of the educa-
 tion law, as amended by section 1 of subpart C of part C of  chapter  20
 of the laws of 2015, is amended to read as follows:
   c.  "Capital  local  expenditures" means (I) the taxes associated with
 budgeted expenditures resulting from the financing, refinancing,  acqui-
 sition,  design,  construction, reconstruction, rehabilitation, improve-
 ment, furnishing and equipping of, or  otherwise  providing  for  school
 district  capital  facilities  or  school  district  capital  equipment,
 including debt service and lease expenditures, and transportation  capi-
 tal  debt service, AND (II) THE SCHOOL DISTRICT'S SHARE OF CAPITAL LOCAL
 EXPENDITURES, AS DEFINED IN SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,  FOR
 BOARDS  OF  COOPERATIVE  EDUCATIONAL  SERVICES AS AUTHORIZED PURSUANT TO
 SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE AND APPROVED BY THE COMMIS-
 SIONER, subject to the approval of the qualified voters  where  required
 by  law.   [The commissioner of taxation and finance shall, as appropri-
 ate, promulgate rules and regulations which may provide  for  adjustment
 of  capital  local  expenditures to reflect a school district's share of
 additional budgeted capital expenditures made by a board of  cooperative
 educational services.]
   § 42-d. Subparagraph 1 of paragraph b of subdivision 4 of section 1950
 of  the education law, as amended by chapter 474 of the laws of 1996, is
 amended to read as follows:
   (1) Prepare, prior to the annual meeting of members of the  boards  of
 education  and  school trustees, held as provided in paragraph o of this
 subdivision, a tentative budget of expenditures for the program costs, a
 tentative budget for capital costs,  and  a  tentative  budget  for  the
 administration  costs  of the board of cooperative educational services.
 Such budgets shall include the proposed budget for the  upcoming  school
 year,  the  previous  school  year's actual costs and the current school
 year's projected costs for each object  of  expenditure.  Such  program,
 capital  and  administrative  budgets  shall be separately delineated in
 accordance with the definition of program,  capital  and  administrative
 costs  which shall be promulgated by the commissioner after consultation
 with school district officials and the director of the budget.  Personal
 service  costs  for  each  budget  shall include the number of full-time
 equivalent positions funded and total salary and, except as noted  here-
 in,  fringe  benefit  costs  for such positions by program. Each program
 budget shall also include the local and statewide  unit  costs  of  such
 programs and services proposed for the upcoming school year, such actual

 A. 9506--A                         44
 
 unit  costs  for the previous school year, and the current school year's
 projected unit costs, all established in accordance with paragraph d  of
 this subdivision. The capital budget shall include facility construction
 and  lease  expenditures authorized pursuant to paragraphs p, t and u of
 this subdivision, payments for the repayment of indebtedness related  to
 capital projects, payments for the acquisition or construction of facil-
 ities,  sites  or  additions,  provided that such budget shall contain a
 rental, operations and maintenance section that will include  base  rent
 costs,  total  rent  costs, operations and maintenance charges, cost per
 square foot for each facility rented or leased by such board of  cooper-
 ative educational services, and any and all expenditures associated with
 custodial salaries and benefits, service contracts, supplies, utilities,
 maintenance  and repairs for such facilities, and that such budget shall
 include the annual debt  service  and  total  debt  for  all  facilities
 financed by bonds or notes of the component districts, annual rental and
 lease payments and total rental and lease costs for all facilities rent-
 ed  by  such  board; such capital budget shall also include expenditures
 resulting from court judgments and orders from administrative bodies  or
 officers,  and,  to  the extent a board's administrative budget has been
 adopted, one-time costs incurred in the first year in which an  employee
 retires. The administrative budget shall include, but need not be limit-
 ed  to,  office  and central administrative expenses, traveling expenses
 and salaries and benefits of supervisors  and  administrative  personnel
 necessary to carry out the central administrative duties of the supervi-
 sory  district,  any and all expenditures associated with the board, the
 office  of  district  superintendent,  general  administration,  central
 support  services,  planning,  and  all other administrative activities.
 Such administrative budget shall also specify the amount of supplementa-
 ry salary and benefits, if any, which the  board  determines  should  be
 paid  to  the  district  superintendent  of  schools and the board shall
 append to such budget a detailed statement of the total compensation  to
 be paid the district superintendent of schools by the board, including a
 delineation  of  the salary, annualized cost of benefits and any in-kind
 or other form of remuneration to be  paid,  plus,  commencing  with  the
 presentation  of the budget for the nineteen hundred ninety-seven--nine-
 ty-eight school year, a list of items of expense eligible for reimburse-
 ment on expense accounts in the ensuing school year and a  statement  of
 the amount of expenses paid to the district superintendent of schools in
 the  prior year for purposes of carrying out his or her official duties;
 PROVIDED, HOWEVER, ANY SCHOOL DISTRICT'S SHARE OF CAPITAL LOCAL EXPENDI-
 TURES OF A BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES,  AS  DEFINED  IN
 SUBPARAGRAPH (II) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION TWO THOU-
 SAND  TWENTY-THREE-A  OF  THIS  TITLE,  AND APPROVED BY THE COMMISSIONER
 SHALL NOT BE INCLUDED IN A SCHOOL DISTRICT'S TAX LEVY PURSUANT  TO  SUCH
 SECTION.
   §  42-e.  Paragraph (a) of subdivision 2 of section 6-n of the general
 municipal law, as separately amended by chapters 414 and 416 of the laws
 of 2016, is amended to read as follows:
   (a) The governing board of any municipal corporation may  establish  a
 reserve  fund  to  be  known  as  the  insurance  reserve fund. Upon the
 creation of the fund, the municipality may make  expenditures  from  the
 fund  for  any  loss,  claim, action or judgment for which the municipal
 corporation is authorized or required to purchase or maintain insurance,
 except those kinds of risks for which insurance is  authorized  pursuant
 to  paragraph  one,  two,  three, fifteen, sixteen, seventeen, eighteen,
 twenty-two or twenty-three of subsection (a) of section one thousand one

 A. 9506--A                         45
 
 hundred thirteen of the insurance  law,  or  for  payments  in  lieu  of
 contributions under article eighteen of the labor law; provided however,
 that  no  municipality  shall make an expenditure from such fund for any
 loss,  claim, action or judgment for which the municipal corporation has
 established a reserve fund under any other provision of  law;  provided,
 further  that  the  Scarsdale union free school district, THE MAMARONECK
 UNION FREE SCHOOL DISTRICT, THE MINISINK VALLEY CENTRAL SCHOOL  DISTRICT
 and  the  Vernon  Verona  Sherrill central school district may establish
 insurance reserve funds in compliance  with  this  section  and  article
 seventy-four  of  the  education  law  [and  the Minisink Valley central
 school district may establish insurance reserve funds in compliance with
 this section and article seventy-four of the  education  law]  and  such
 school  districts  may make expenditures in compliance with this section
 and article seventy-four of the education law from such reserve fund for
 any loss, claim, action or judgment for which the school  districts  are
 authorized  or  required to purchase or maintain insurance for the kinds
 of risks for which insurance is authorized pursuant to  paragraph  three
 of  subsection  (a)  of section one thousand one hundred thirteen of the
 insurance law.
   § 42-f. Paragraphs b and c of subdivision 1  of  section  6-r  of  the
 general  municipal law, as added by chapter 260 of the laws of 2004, are
 amended to read as follows:
   b. "Participating employer" means: (I)  a  participating  employer  as
 defined  in  subdivision  twenty  of  section  two of the retirement and
 social security law or in subdivision twenty of  section  three  hundred
 two of such law; OR (II) A PARTICIPATING EMPLOYER AS DEFINED IN SUBDIVI-
 SION THREE OF SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW.
   c.  "Retirement  contribution"  shall  mean  all or any portion of the
 amount payable by a municipal corporation to:(I)  either  the  New  York
 state  and  local employees' retirement system or the New York state and
 local police and fire retirement system pursuant to section seventeen or
 three hundred seventeen of the retirement and social  security  law;  OR
 (II)  THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION
 FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW.
   § 42-g. Subdivision 2 of section 6-r of the general municipal law,  as
 added by chapter 260 of the laws of 2004, is amended to read as follows:
   2.  The  governing  board of any municipal corporation which is also a
 participating employer by resolution may establish a retirement contrib-
 ution reserve fund for the purpose of (A) financing retirement  contrib-
 utions,  AND/OR  (B)  IN  THE CASE OF A MUNICIPAL CORPORATION WHICH IS A
 PARTICIPATING EMPLOYER AS DEFINED IN SUBDIVISION THREE OF  SECTION  FIVE
 HUNDRED ONE OF THE EDUCATION LAW, FINANCING APPROPRIATIONS AUTHORIZED BY
 LAW  IN ORDER TO OFFSET ALL OR A PORTION OF THE AMOUNT DEDUCTED FROM THE
 MONEYS APPORTIONED TO THE MUNICIPAL CORPORATION FROM THE STATE  FOR  THE
 SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF
 THE EDUCATION LAW.
   §  42-h. Section 6-r of the general municipal law is amended by adding
 a new subdivision 2-a to read as follows:
   2-A. WITH RESPECT TO A MUNICIPAL CORPORATION WHICH IS A  PARTICIPATING
 EMPLOYER  AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED ONE OF
 THE EDUCATION LAW, WHICH ELECTS TO  UTILIZE  A  RETIREMENT  CONTRIBUTION
 RESERVE  FUND  (A)  TO  FINANCE RETIREMENT CONTRIBUTIONS TO THE NEW YORK
 STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION FIVE HUNDRED TWEN-
 TY-ONE OF THE EDUCATION LAW AND/OR (B) TO OFFSET ALL OR A PORTION OF THE
 AMOUNT DEDUCTED FROM THE MONEYS APPORTIONED TO THE MUNICIPAL CORPORATION
 FROM THE STATE FOR THE SUPPORT OF COMMON  SCHOOLS  PURSUANT  TO  SECTION

 A. 9506--A                         46
 
 FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW, SUCH MUNICIPAL CORPORATION
 SHALL  ESTABLISH  A  SUB-FUND WITHIN THE RETIREMENT CONTRIBUTION RESERVE
 FUND,  WHICH  SHALL  BE  SEPARATELY  ADMINISTERED  CONSISTENT  WITH  THE
 PROVISIONS OF THIS SECTION. SUCH MUNICIPAL CORPORATION MAY PAY INTO SUCH
 SUB-FUND  DURING  ANY PARTICULAR FISCAL YEAR AN AMOUNT NOT TO EXCEED TWO
 PER CENTUM OF THE TOTAL COMPENSATION OR SALARIES OF ALL TEACHERS IN  THE
 EMPLOY  OF  SAID  MUNICIPAL  CORPORATION WHO ARE MEMBERS OF THE NEW YORK
 STATE TEACHERS' RETIREMENT SYSTEM PAID DURING THE IMMEDIATELY  PRECEDING
 FISCAL  YEAR. THE BALANCE OF SUCH SUB-FUND MAY NOT EXCEED TEN PER CENTUM
 OF THE TOTAL COMPENSATION OR SALARIES OF ALL TEACHERS IN THE  EMPLOY  OF
 THE  MUNICIPAL  CORPORATION WHO ARE MEMBERS OF THE NEW YORK STATE TEACH-
 ERS' RETIREMENT SYSTEM PAID  DURING  THE  IMMEDIATELY  PRECEDING  FISCAL
 YEAR.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, THE TERM "TEACHER" SHALL
 HAVE THE SAME MEANING AS SUCH TERM IS DEFINED UNDER SUBDIVISION FOUR  OF
 SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW.
   §  42-i. Subdivision 5 of section 6-r of the general municipal law, as
 added by chapter 260 of the laws of 2004, is amended to read as follows:
   5. The governing board of such municipal corporation by resolution may
 authorize expenditures from  a  retirement  contribution  reserve  fund.
 Except as otherwise provided by law, moneys in a retirement contribution
 reserve  fund  may  only  be expended (A) to finance retirement contrib-
 utions, AND/OR (B) IN THE CASE OF A MUNICIPAL  CORPORATION  WHICH  IS  A
 PARTICIPATING  EMPLOYER, AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE
 HUNDRED ONE OF THE EDUCATION LAW, FOR APPROPRIATIONS AUTHORIZED  BY  LAW
 IN  ORDER  TO  OFFSET  ALL  OR A PORTION OF THE AMOUNT DEDUCTED FROM THE
 MONEYS APPORTIONED TO THE PARTICIPATING EMPLOYER FROM THE STATE FOR  THE
 SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF
 THE  EDUCATION  LAW.  WITH RESPECT TO A MUNICIPAL CORPORATION WHICH IS A
 PARTICIPATING EMPLOYER AS DEFINED IN SUBDIVISION THREE OF  SECTION  FIVE
 HUNDRED  ONE  OF  THE  EDUCATION  LAW,  EXPENDITURES FROM THE RETIREMENT
 CONTRIBUTION RESERVE FUND TO FINANCE RETIREMENT CONTRIBUTIONS TO THE NEW
 YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION FIVE  HUNDRED
 TWENTY-ONE OF THE EDUCATION LAW AND/OR TO OFFSET ALL OR A PORTION OF THE
 AMOUNT DEDUCTED FROM THE MONEYS APPORTIONED TO THE MUNICIPAL CORPORATION
 FROM  THE  STATE  FOR  THE SUPPORT OF COMMON SCHOOLS PURSUANT TO SECTION
 FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW MAY ONLY BE MADE  FROM  THE
 SUB-FUND ESTABLISHED PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION.
   §  42-j. Section 6-r of the general municipal law is amended by adding
 a new subdivision 11 to read as follows:
   11. THE GOVERNING BOARD OF A MUNICIPAL CORPORATION WHICH IS A  PARTIC-
 IPATING EMPLOYER AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED
 ONE OF THE EDUCATION LAW BY RESOLUTION MAY (A) AUTHORIZE THE TRANSFER OF
 ALL  OR  A PORTION OF THE MONIES IN THE SEPARATELY ADMINISTERED SUB-FUND
 AS ESTABLISHED UNDER SUBDIVISION TWO-A OF THIS SECTION TO THE RETIREMENT
 CONTRIBUTION RESERVE FUND, AND/OR (B) AUTHORIZE THE TRANSFER OF ALL OR A
 PORTION OF THE MONIES IN THE RETIREMENT CONTRIBUTION RESERVE FUND TO THE
 SEPARATELY ADMINISTERED SUB-FUND AS PROVIDED  IN  SUBDIVISION  TWO-A  OF
 THIS SECTION, SUBJECT TO THE LIMITS ON ANNUAL PAYMENTS INTO THE SUB-FUND
 AND  THE  BALANCE  OF THE SUB-FUND SPECIFIED BY THE SUBDIVISION TWO-A OF
 THIS SECTION.
   § 43. 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

 A. 9506--A                         47
 
 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.
   § 44. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that:
   1.  Sections  one,  five,  seven,  nine,  nine-a, nine-c, ten, eleven,
 twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nine-
 teen, twenty-one, twenty-two,  twenty-three,  twenty-four,  twenty-five,
 twenty-seven-a,    thirty-six,   forty,   forty-one,   forty-two-a   and
 forty-two-b of this act shall take effect July 1, 2018;
   1-a. Section nineteen-a of this act shall take effect July 1, 2019;
   2. The amendments to subdivision 1 of section 2856  of  the  education
 law  made  by section six of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 27 of chapter  378
 of  the  laws of 2007, as amended, when upon such date the provisions of
 section seven of this act shall take effect;
   2-a. The amendments to the  closing  paragraph  of  paragraph  (a)  of
 subdivision 1 of section 2856 of the education law made by section six-a
 of  this  act  shall  be subject to the expiration and reversion of such
 subdivision pursuant to section 27 of chapter 378 of the laws  of  2007,
 as  amended,  when  upon  such date the provisions of section seven-a of
 this act shall take effect;
   3. The amendments to subdivision 1 of section 2856  of  the  education
 law made by section eight of this act shall be subject to the expiration
 and  reversion  of such subdivision pursuant to subdivision d of section
 27 of chapter 378 of the laws of 2007, as amended, when upon  such  date
 the  provisions  of  section  eight-a  of  this  act  shall take effect;
 provided, further, that if this act shall become a law  after  June  30,
 2018,  section  eight-b  of  this  act shall take effect immediately and
 shall be deemed to have been in full force and effect on and after  June
 30, 2018;
   4.  The  amendments  to  chapter  756 of the laws of 1992, relating to
 funding a program for work force education conducted by  the  consortium
 for  worker  education in New York city made by sections twenty-five and
 twenty-six of this act shall not affect the repeal of such  chapter  and
 shall be deemed repealed therewith;
   5.  Section  twenty-eight  of this act shall be deemed to have been in
 full force and effect on and after the effective date of section 140  of
 chapter 82 of the laws of 1995;
   6. The amendments to paragraph b-1 of subdivision 4 of section 3602 of
 the  education  law  made by section nine-a of this act shall not affect
 the expiration of such paragraph and shall expire therewith;
   7. The amendments to paragraph c of subdivision 2 of section 2023-a of
 the education law made by section forty-two-c  of  this  act  shall  not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with; and
   8. The amendments to subparagraph 1 of paragraph b of subdivision 4 of
 section 1950 of the education law made by section  forty-two-d  of  this
 act  shall  expire on the same date and in the same manner as section 13
 of part A of chapter 97 of  the  laws  of  2011,  as  amended,  expires.
 FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
   This  bill  would  amend  Section  6-r of the General Municipal Law to
 allow eligible participating employers of the New York  State  Teachers'

 A. 9506--A                         48
 
 Retirement  System  (NYSTRS)  to establish a reserve sub-fund within the
 retirement contribution reserve fund for the purpose of reserving  money
 to  offset  future required contributions to NYSTRS. An employer may pay
 into  such  sub-fund  during any particular fiscal year an amount not to
 exceed two percent of the total compensation or salaries of all teachers
 employed by the employer who are members of NYSTRS paid during the imme-
 diately preceding fiscal year. Additionally, the total  balance  in  the
 sub-fund shall not exceed ten percent of the total compensation or sala-
 ries  of all teachers employed by the employer who are members of NYSTRS
 paid during the immediately preceding final year.
   The governing board  of  the  employer  may  by  resolution  authorize
 expenditures  from the retirement contribution reserve fund. The govern-
 ing board of the employer may also by resolution authorize the  transfer
 of money between the separately administered sub-fund and the retirement
 contribution  reserve fund subject to the limits on annual payments into
 the sub-fund and the balance of the sub-fund as provided in this bill.
   It is estimated that there will be no annual cost to the employers  of
 members  of  the New York State Teachers' Retirement System if this bill
 is enacted.
   Member data is from  the  System's  most  recent  actuarial  valuation
 files,  consisting  of  data provided by the employers to the Retirement
 System.  Data distributions and statistics can be found in the  System's
 Comprehensive  Annual  Financial  Report  (CAFR).  System  assets are as
 reported in the System's financial statements, and can also be found  in
 the CAFR. Actuarial assumptions and methods are provided in the System's
 Actuarial Valuation Report.
   The  source  of  this  estimate is Fiscal Note 2018-2 dated October 6,
 2017 prepared by the Actuary of the New York State Teachers'  Retirement
 System and is intended for use only during the 2018 Legislative Session.
 I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
 Retirement System. I am a member of the American  Academy  of  Actuaries
 and  I meet the Qualification Standards of the American Academy of Actu-
 aries to render the actuarial opinion contained herein.
 
                                  PART B
 
   Section 1. The education law is amended by adding a new section 908 to
 read as follows:
   § 908. PROHIBITION AGAINST MEAL  SHAMING.  1.  ALL  SCHOOL  DISTRICTS,
 CHARTER  SCHOOLS AND NON-PUBLIC SCHOOLS IN THE STATE THAT PARTICIPATE IN
 THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL BREAKFAST PROGRAM  IN  WHICH
 THERE  IS A SCHOOL WHERE NOT ALL STUDENTS ARE ELIGIBLE TO PARTICIPATE IN
 THE COMMUNITY ELIGIBILITY PROVISION OR  PROVISION  TWO  OF  THE  FEDERAL
 NATIONAL SCHOOL LUNCH ACT SHALL DEVELOP A POLICY, CONSISTENT WITH FEDER-
 AL  AND STATE GUIDANCE ON MEAL CHARGE POLICIES, TO ENSURE THAT A STUDENT
 WHOSE PARENT OR GUARDIAN HAS UNPAID SCHOOL MEAL FEES IS  NOT  SHAMED  OR
 TREATED  DIFFERENTLY  THAN  A  STUDENT WHOSE PARENT OR GUARDIAN DOES NOT
 HAVE UNPAID SCHOOL MEAL FEES. THE SCHOOL  DISTRICT,  CHARTER  SCHOOL  OR
 NON-PUBLIC SCHOOL SHALL ADOPT AND POST THE POLICY ON ITS WEBSITE BY JULY
 FIRST,  TWO THOUSAND EIGHTEEN. THE POLICY SHALL BE PROVIDED ANNUALLY, IN
 WRITING, TO ALL STUDENTS AT THE START OF  EACH  SCHOOL  YEAR.  THE  PLAN
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   A.  A REQUIREMENT STATING THAT THE SCHOOL PROVIDE THE STUDENT WITH THE
 STUDENT'S MEAL OF CHOICE FROM THE AVAILABLE  REIMBURSABLE  MEAL  CHOICES
 FOR  SUCH  SCHOOL  DAY,  IF  THE STUDENT REQUESTS ONE, PROVIDED THAT THE

 A. 9506--A                         49
 
 SCHOOL IS ONLY REQUIRED TO PROVIDE ACCESS TO REIMBURSABLE MEALS,  NOT  A
 LA CARTE ITEMS, ADULT MEALS, OR OTHER SIMILAR ITEMS;
   B.  AN  EXPLANATION  OF  HOW  STAFF WILL BE TRAINED TO ENSURE THAT THE
 POLICY IS IMPLEMENTED CORRECTLY AND TO ASSIST PARENTS  OR  GUARDIANS  IN
 DETERMINING  WHETHER  THEIR  CHILD IS ELIGIBLE FOR FREE OR REDUCED-PRICE
 MEALS;
   C. ACTIONS THAT THE SCHOOL WILL TAKE TO  COLLECT  A  STUDENT'S  UNPAID
 SCHOOL  MEAL  FEES  FROM  THE  STUDENT'S  PARENT OR GUARDIAN INCLUDING A
 PROCEDURE FOR NOTIFYING  THE  STUDENT'S  PARENT  OR  GUARDIAN  THAT  THE
 STUDENT'S  MEAL  CARD  OR  ACCOUNT  BALANCE IS EXHAUSTED AND UNPAID MEAL
 CHARGES ARE DUE. THE SCHOOL MAY USE  A  REPAYMENT  SCHEDULE  TO  COLLECT
 UNPAID  SCHOOL MEAL FEES FROM A PARENT OR GUARDIAN, BUT THE SCHOOL SHALL
 NOT CHARGE ANY INTEREST OR FEES IN CONNECTION WITH ANY MEALS CHARGED AND
 SHALL NOT USE A DEBT COLLECTOR, AS DEFINED IN SECTION 1692A OF TITLE  15
 OF THE UNITED STATES CODE. NOTHING IN THIS SECTION, HOWEVER, IS INTENDED
 TO ALLOW FOR THE UNLIMITED ACCRUAL OF DEBT; AND
   D.  A  PROCEDURE  DESIGNED  TO  INFORM AND ASSIST ELIGIBLE FAMILIES IN
 ENROLLING THEIR CHILD FOR FREE OR REDUCED PRICE  MEALS.  SUCH  PROCEDURE
 SHALL  INCLUDE A PROCESS FOR DETERMINING ELIGIBILITY WHEN A STUDENT OWES
 MONEY FOR FIVE OR MORE MEALS, WHEREIN THE SCHOOL SHALL:
   I. MAKE EVERY ATTEMPT TO DETERMINE IF A STUDENT IS DIRECTLY  CERTIFIED
 TO BE ELIGIBLE FOR FREE OR REDUCED PRICE MEALS;
   II.  MAKE  AT  LEAST  TWO  ATTEMPTS,  NOT INCLUDING THE APPLICATION OR
 INSTRUCTIONS INCLUDED IN  A  SCHOOL  ENROLLMENT  PACKET,  TO  REACH  THE
 STUDENT'S  PARENT OR GUARDIAN AND HAVE THE PARENT OR GUARDIAN FILL OUT A
 MEAL APPLICATION; AND
   III. REQUIRE A DESIGNATED SCHOOL ADMINISTRATOR OR OTHER SCHOOL PERSON-
 NEL TO CONTACT THE PARENT OR GUARDIAN TO OFFER ASSISTANCE  WITH  A  MEAL
 APPLICATION,  DETERMINE  IF  THERE ARE OTHER ISSUES WITHIN THE HOUSEHOLD
 THAT HAVE CAUSED THE CHILD TO HAVE  INSUFFICIENT  FUNDS  TO  PURCHASE  A
 SCHOOL MEAL AND OFFER ANY OTHER ASSISTANCE THAT IS APPROPRIATE.
   2. NO SCHOOL SHALL:
   A. PUBLICLY IDENTIFY OR STIGMATIZE A STUDENT WHO CANNOT PAY FOR A MEAL
 OR  WHO  OWES  A  MEAL  DEBT BY ANY MEANS INCLUDING, BUT NOT LIMITED TO,
 REQUIRING THAT A STUDENT WEAR A WRISTBAND OR HAND STAMP;
   B. REQUIRE A STUDENT WHO CANNOT PAY FOR A MEAL OR WHO OWES A MEAL DEBT
 TO DO CHORES OR OTHER WORK TO PAY FOR MEALS;
   C. REQUIRE THAT A STUDENT THROW AWAY A MEAL AFTER IT HAS  BEEN  SERVED
 BECAUSE  OF THE STUDENT'S INABILITY TO PAY FOR THE MEAL OR BECAUSE MONEY
 IS OWED FOR EARLIER MEALS; OR
   D. TAKE ANY ACTION DIRECTED AT A STUDENT TO COLLECT UNPAID SCHOOL MEAL
 FEES. A SCHOOL OR SCHOOL DISTRICT SHALL ONLY COMMUNICATE DIRECTLY WITH A
 PARENT OR GUARDIAN ABOUT PAYMENT OF SCHOOL MEAL FEES  OR  COLLECTION  OF
 UNPAID  SCHOOL  MEAL  FEES.  A  SCHOOL  OR SCHOOL DISTRICT MAY, HOWEVER,
 DIRECT ACTIONS OR COMMUNICATIONS ABOUT SUCH FEES TO OR THROUGH A STUDENT
 IF A PARENT OR GUARDIAN PROVIDES WRITTEN CONSENT.
   3. IF A SCHOOL BECOMES AWARE THAT A STUDENT WHO HAS  NOT  SUBMITTED  A
 MEAL APPLICATION IS ELIGIBLE FOR FREE OR REDUCED PRICE MEALS, THE SCHOOL
 SHALL  COMPLETE AND FILE AN APPLICATION FOR THE STUDENT PURSUANT TO PART
 245 OF THE CODE OF FEDERAL REGULATIONS , AS SUCH REGULATIONS  MAY,  FROM
 TIME TO TIME, BE AMENDED.
   4. SCHOOL LIAISONS DESIGNATED UNDER SUBDIVISION TWO-A OF SECTION THIR-
 TY-TWO  HUNDRED  NINE  OF  THIS CHAPTER FOR HOMELESS STUDENTS AND SCHOOL
 DISTRICT POINTS OF CONTACT DESIGNATED FOR FOSTER STUDENTS  SHALL  ENSURE
 ELIGIBLE STUDENTS RECEIVE SCHOOL MEALS, IN ACCORDANCE WITH FEDERAL LAW.

 A. 9506--A                         50
 
   §  2.  Section 4 of chapter 537 of the laws of 1976, relating to paid,
 free and reduced price breakfast for eligible pupils in  certain  school
 districts,  is  renumbered  section  6  and two new sections 4 and 5 are
 added to read as follows:
   §  4.  A.  ALL  PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN THIS STATE,
 INCLUDING CHARTER SCHOOLS AUTHORIZED BY ARTICLE 56 OF THE EDUCATION LAW,
 WITH AT LEAST SEVENTY PERCENT OR MORE OF ITS PUPILS ELIGIBLE FOR FREE OR
 REDUCED-PRICE MEALS UNDER THE NATIONAL SCHOOL LUNCH PROGRAM IN THE PRIOR
 SCHOOL YEAR, AS DETERMINED BY THE STATE EDUCATION DEPARTMENT,  SHALL  BE
 REQUIRED  TO OFFER ALL PUPILS A SCHOOL BREAKFAST AFTER THE INSTRUCTIONAL
 DAY HAS BEGUN. THE COMMISSIONER OF EDUCATION SHALL DEVELOP AND  DISTRIB-
 UTE  GUIDELINES,  CONSISTENT  WITH  APPLICABLE  FEDERAL  AND  STATE LAWS
 GOVERNING THE NATIONAL SCHOOL BREAKFAST PROGRAM, FOR SCHOOLS TO  USE  TO
 IMPLEMENT SUCH A PROGRAM.
   B. EACH SCHOOL MAY DETERMINE THE BREAKFAST SERVICE DELIVERY MODEL THAT
 BEST  SUITS ITS PUPILS. SERVICE DELIVERY MODELS MAY INCLUDE, BUT ARE NOT
 LIMITED TO, BREAKFAST IN THE  CLASSROOM,  GRAB  AND  GO  BREAKFAST,  AND
 SECOND CHANCE BREAKFAST. TIME SPENT BY PUPILS CONSUMING BREAKFAST MAY BE
 CONSIDERED  INSTRUCTIONAL  TIME  WHEN  PUPILS  CONSUME  BREAKFAST  WHILE
 INSTRUCTION IS BEING PROVIDED. IN DETERMINING A SERVICE DELIVERY  MODEL,
 SCHOOLS SHALL CONSULT WITH TEACHERS, PARENTS OR GUARDIANS, PUPILS, LOCAL
 FOOD AUTHORITIES AND MEMBERS OF THE COMMUNITY. EVERY SCHOOL SHALL NOTIFY
 A  PUPIL'S  PARENT OR GUARDIAN THAT THE SCHOOL WILL BE OFFERING A BREAK-
 FAST AFTER THE INSTRUCTIONAL DAY HAS BEGUN PROGRAM.
   C. ON OR BEFORE MAY 1, 2018 AND EACH YEAR THEREAFTER, THE COMMISSIONER
 OF EDUCATION SHALL IDENTIFY AND PUBLISH A LIST  OF  SCHOOLS  THAT  SHALL
 COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION IN THE FOLLOWING SCHOOL
 YEAR.  ANY  SCHOOL  IDENTIFIED PURSUANT TO THIS SUBDIVISION MAY APPLY TO
 THE COMMISSIONER OF EDUCATION, IN  ACCORDANCE  WITH  REGULATIONS  ESTAB-
 LISHED  BY THE COMMISSIONER OF EDUCATION, FOR A WAIVER FROM ESTABLISHING
 A BREAKFAST AFTER THE INSTRUCTIONAL DAY HAS BEGUN  PROGRAM  PURSUANT  TO
 THIS SECTION.  A WAIVER MAY BE GRANTED UPON DEMONSTRATING ONE OR MORE OF
 THE FOLLOWING:
   I.  A  LACK OF NEED FOR A SCHOOL BREAKFAST AFTER THE INSTRUCTIONAL DAY
 HAS BEGUN PROGRAM BECAUSE OF A SUCCESSFUL EXISTING BREAKFAST PROGRAM;
   II. A LACK OF NEED FOR A SCHOOL BREAKFAST AFTER THE INSTRUCTIONAL  DAY
 HAS BEGUN PROGRAM DUE TO DOCUMENTED PROJECTIONS OF LOW PARTICIPATION;
   III.  PROVIDING  A  BREAKFAST  AFTER  THE  INSTRUCTIONAL DAY HAS BEGUN
 PROGRAM WOULD CAUSE ECONOMIC HARDSHIP FOR THE SCHOOL; OR
   IV. OTHER GOOD CAUSE SHOWN THAT MAKES THE ESTABLISHMENT  OF  A  SCHOOL
 BREAKFAST AFTER THE INSTRUCTIONAL DAY HAS BEGUN PROGRAM IMPRACTICAL.
   §  5.  A.  NOTWITHSTANDING  ANY  MONETARY  LIMITATIONS WITH RESPECT TO
 SCHOOL LUNCH PROGRAMS CONTAINED IN ANY LAW  OR  REGULATION,  FOR  SCHOOL
 LUNCH  MEALS  SERVED IN THE SCHOOL YEAR COMMENCING JULY 1, 2019 AND EACH
 JULY 1 THEREAFTER, A SCHOOL FOOD AUTHORITY SHALL BE ELIGIBLE FOR A LUNCH
 MEAL STATE SUBSIDY OF TWENTY-FIVE CENTS, WHICH SHALL INCLUDE ANY  ANNUAL
 STATE  SUBSIDY  RECEIVED  BY  SUCH SCHOOL FOOD AUTHORITY UNDER ANY OTHER
 PROVISION OF STATE LAW, FOR ANY SCHOOL LUNCH MEAL SERVED BY SUCH  SCHOOL
 FOOD AUTHORITY; PROVIDED THAT THE SCHOOL FOOD AUTHORITY CERTIFIES TO THE
 STATE EDUCATION DEPARTMENT THROUGH THE APPLICATION SUBMITTED PURSUANT TO
 SUBDIVISION  B OF THIS SECTION THAT AT LEAST THIRTY PERCENT OF THE TOTAL
 COST OF FOOD PRODUCTS FOR THE SCHOOL LUNCH SERVICE PROGRAM OF SUCH  FOOD
 AUTHORITY  IS  PURCHASED FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS
 OR PROCESSORS THAT PROCESS FOOD IN FACILITIES LOCATED IN NEW YORK  STATE
 IN THE PRECEDING SCHOOL YEAR.

 A. 9506--A                         51

   B.  THE STATE EDUCATION DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT
 OF AGRICULTURE AND MARKETS, SHALL DEVELOP AN APPLICATION FOR SCHOOL FOOD
 AUTHORITIES TO SEEK AN ADDITIONAL STATE SUBSIDY PURSUANT TO THIS SECTION
 IN A TIMELINE AND FORMAT PRESCRIBED BY THE  COMMISSIONER  OF  EDUCATION.
 SUCH  APPLICATION  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, DOCUMENTATION
 DEMONSTRATING THE SCHOOL FOOD AUTHORITY'S TOTAL FOOD PURCHASES  FOR  ITS
 SCHOOL  LUNCH  SERVICE  PROGRAMS, INCLUDING ITS TOTAL FOOD PURCHASES FOR
 ITS SCHOOL LUNCH SERVICE PROGRAMS AND PERCENTAGES FOR SUCH PROGRAMS FROM
 NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR  PROCESSORS  THAT  PROCESS
 FOOD  IN  FACILITIES  LOCATED  IN NEW YORK STATE IN THE PRECEDING SCHOOL
 YEAR. THE APPLICATION SHALL ALSO INCLUDE AN ATTESTATION FROM THE  SCHOOL
 FOOD AUTHORITY'S CHIEF OPERATING OFFICER THAT AT LEAST THIRTY PERCENT OF
 THE  TOTAL COST OF FOOD PRODUCTS FOR THE SCHOOL LUNCH SERVICE PROGRAM OF
 SUCH FOOD AUTHORITY IS PURCHASED FROM NEW YORK STATE  FARMERS,  GROWERS,
 PRODUCERS  OR  PROCESSORS THAT PROCESS FOOD IN FACILITIES LOCATED IN NEW
 YORK STATE IN THE PRECEDING SCHOOL YEAR IN ORDER TO  MEET  THE  REQUIRE-
 MENTS  FOR  THIS ADDITIONAL STATE SUBSIDY. SCHOOL FOOD AUTHORITIES SHALL
 BE REQUIRED TO ANNUALLY APPLY FOR THIS SUBSIDY.
   C. THE STATE EDUCATION DEPARTMENT SHALL ANNUALLY  PUBLISH  INFORMATION
 ON  ITS  WEBSITE  COMMENCING  ON  SEPTEMBER 1, 2019 AND EACH SEPTEMBER 1
 THEREAFTER, RELATING TO EACH SCHOOL FOOD AUTHORITY THAT APPLIED FOR  AND
 RECEIVED THIS ADDITIONAL STATE SUBSIDY.
   §  3.  Paragraph i of subdivision a of section 1 of chapter 537 of the
 laws of 1976, relating to paid, free and  reduced  price  breakfast  for
 eligible  pupils  in  certain  school  districts,  is amended to read as
 follows:
   i. The term "pupil" means a child attending any public school OR CHAR-
 TER SCHOOL in any  grade  from  pre-kindergarten  through  high  school,
 whether  such  pupil attends classes on either a full day, split session
 or half day basis, provided, however, a  pupil  attending  an  afternoon
 session shall be eligible only for the school lunch program.
   §  4.  This act shall take effect immediately; provided, however, that
 subdivision a of section 4 of chapter 537 of the laws of 1976, as  added
 by section two of this act, shall take effect September 1, 2018.
 
                                  PART C
 
                           Intentionally Omitted
 
                                  PART D
 
   Section  1.  Subdivision  4  of  section  1950 of the education law is
 amended by adding a new paragraph oo to read as follows:
   OO. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES IS AUTHORIZED TO ENTER INTO A MEMORANDUM OF  UNDER-
 STANDING  WITH  THE  TRUSTEES  OR  BOARD OF EDUCATION OF A NON-COMPONENT
 SCHOOL DISTRICT, INCLUDING CITY SCHOOL  DISTRICTS  OF  CITIES  WITH  ONE
 HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS OR MORE, TO PARTICIPATE IN A
 RECOVERY HIGH SCHOOL PROGRAM OPERATED BY THE BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES FOR A PERIOD NOT TO EXCEED FIVE YEARS UPON SUCH TERMS AS
 SUCH TRUSTEES OR BOARD OF EDUCATION AND THE BOARD OF COOPERATIVE  EDUCA-
 TIONAL  SERVICES  MAY  MUTUALLY  AGREE, PROVIDED THAT SUCH AGREEMENT MAY
 PROVIDE FOR A CHARGE FOR ADMINISTRATION  OF  THE  RECOVERY  HIGH  SCHOOL
 PROGRAM  INCLUDING CAPITAL COSTS, BUT PARTICIPATING NON-COMPONENT SCHOOL
 DISTRICTS SHALL NOT BE LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES  AS
 DEFINED IN PARAGRAPH B OF THIS SUBDIVISION. COSTS ALLOCATED TO A PARTIC-

 A. 9506--A                         52
 
 IPATING NON-COMPONENT SCHOOL DISTRICT PURSUANT TO A MEMORANDUM OF UNDER-
 STANDING  SHALL  BE AIDABLE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION
 TO THE SAME EXTENT AND ON THE SAME BASIS AS COSTS ALLOCATED TO A  COMPO-
 NENT SCHOOL DISTRICT.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section  1.  This act shall be known and may be cited as the "New York
 state DREAM act".
   § 2. The education law is amended by adding a  new  section  609-a  to
 read as follows:
   §  609-A.  NEW  YORK  DREAM  FUND  COMMISSION.   1. (A) THERE SHALL BE
 CREATED A NEW YORK DREAM FUND COMMISSION WHICH  SHALL  BE  COMMITTED  TO
 ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
   (B)  THE  NEW  YORK  DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
 MEMBERS TO BE APPOINTED AS FOLLOWS:
   (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   (II) THREE MEMBERS SHALL BE APPOINTED BY THE  TEMPORARY  PRESIDENT  OF
 THE SENATE;
   (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (IV)  ONE  MEMBER  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
 SENATE;
   (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
 BLY;
   (C) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
 REFLECT  THE  RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
 OF THE STATE.
   (D) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
 INCLUDE  COLLEGE  AND  UNIVERSITY  ADMINISTRATORS AND FACULTY, AND OTHER
 INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF  THE
 CHILDREN OF IMMIGRANTS.
   (E)  MEMBERS  OF  THE  NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
 COMPENSATION FOR THEIR SERVICES.
   2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
   (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
   (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
   (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE  RESPONSIBIL-
 ITY  OF  RAISING  FUNDS  FOR  THE ADMINISTRATION OF THIS SECTION AND ANY
 EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
 TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN  OF  IMMI-
 GRANTS TO THE UNITED STATES;
   (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
 DREAM FUND;
   (V)  DEVELOP  CRITERIA  AND  A SELECTION PROCESS FOR THE RECIPIENTS OF
 SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
   (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
 THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS  AND  OTHER
 ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
 GRANTS WITHIN HIGHER EDUCATION;
   (VII)  ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
 SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL  AID  OFFICERS  OF
 INSTITUTIONS  OF  HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
 PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
 STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT  LIMITED
 TO,  IN-STATE  TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-

 A. 9506--A                         53
 
 BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
 TO SCHOOL DISTRICTS  AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL  SERVICES
 THROUGHOUT  THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO
 SCHOOL  DISTRICTS  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES WITH
 LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
 DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  WITH  LESSER
 NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
   (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
 OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
 OF IMMIGRANTS; AND
   (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
 APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
 ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
   (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
 APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
   (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
 A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
   (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
 THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
   (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
 AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
 OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
   (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
 STATES.
   (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
 SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
 SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
 OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
 BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR  SHALL
 BE  USED  FOR  ANY  PURPOSE  OTHER  THAN  THE PURPOSES SET FORTH IN THIS
 SECTION.
   3. THE NEW YORK DREAM FUND COMMISSION AND  THE  NEW  YORK  DREAM  FUND
 SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
 SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
   § 3. Subdivision 3 of section 661 of the education law is REPEALED.
   § 4. Paragraph a of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  466 of the laws of 1977, is amended to read as
 follows:
   a. (I) Except as provided in subdivision two of  section  six  hundred
 seventy-four  OF  THIS  PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
 applicant for an award at the undergraduate level of study  must  either
 [(i)]  (A) have been a legal resident of the state for at least one year
 immediately preceding the beginning of the semester, quarter or term  of
 attendance  for  which application for assistance is made, or [(ii)] (B)
 be a legal resident of the state and have been a legal  resident  during
 his  last  two  semesters  of high school either prior to graduation, or
 prior to admission to college. Provided further that  persons  shall  be
 eligible  to  receive  awards  under  section six hundred sixty-eight or
 section six hundred sixty-nine OF THIS  PART  who  are  currently  legal
 residents of the state and are otherwise qualified.
   (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
 CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
 APPLICANT  WITHOUT  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN
 AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:

 A. 9506--A                         54
 
   (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
 YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
 APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
 UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
 TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
 FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 5. Paragraph b of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  466 of the laws of 1977, is amended to read as
 follows:
   b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
 PARAGRAPH, AN applicant for an award at the graduate level of study must
 either  [(i)]  (A)  have been a legal resident of the state for at least
 one year immediately preceding the beginning of the semester, quarter or
 term of attendance for which application  for  assistance  is  made,  or
 [(ii)]  (B) be a legal resident of the state and have been a legal resi-
 dent during his last academic  year  of  undergraduate  study  and  have
 continued  to  be  a  legal resident until matriculation in the graduate
 program.
   (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
 CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
 APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
 AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   (A)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
 OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
 AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
 THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
 TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF

 A. 9506--A                         55

 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   § 6. Paragraph d of subdivision 5 of section 661 of the education law,
 as  amended  by  chapter  844 of the laws of 1975, is amended to read as
 follows:
   d. If an applicant for an award allocated on a  geographic  basis  has
 more  than  one  residence  in  this state, his OR HER residence for the
 purpose of this article shall be his OR HER place  of  actual  residence
 during  the major part of the year while attending school, as determined
 by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
 HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
 SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
 THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
 INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR  PURPOSES
 OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
   § 7. Paragraph e of subdivision 5 of section 661 of the education law,
 as  added  by  chapter  630  of  the laws of 2005, is amended to read as
 follows:
   e. Notwithstanding any other provision of this article to the  contra-
 ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
 MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
 SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
 member,  of  the  armed  forces of the United States on full-time active
 duty and stationed in this state.
   § 8. Paragraph h of subdivision 2 of section 355 of the education  law
 is amended by adding a new subparagraph 10 to read as follows:
   (10)  SUCH  REGULATIONS  SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
 NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
 PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN  APPLICANT
 WITHOUT  LAWFUL  IMMIGRATION  STATUS MAY HAVE THE PAYMENT OF TUITION AND
 OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS  OR
 OTHER  FINANCIAL  ASSISTANCE  AWARDED  UNDER  THE PROVISIONS OF ARTICLES
 THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER,  PROVIDED
 THAT  THE  STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
 OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE
 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   §  9. Subdivision 7 of section 6206 of the education law is amended by
 adding a new paragraph (d) to read as follows:
   (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS  NOT  A
 LEGAL  RESIDENT  OF  NEW  YORK  STATE  BUT IS A UNITED STATES CITIZEN, A
 PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN  APPLICANT
 WITHOUT  LAWFUL  IMMIGRATION  STATUS MAY HAVE THE PAYMENT OF TUITION AND
 OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS  OR
 OTHER  FINANCIAL  ASSISTANCE  AWARDED  UNDER  THE PROVISIONS OF ARTICLES
 THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER,  PROVIDED
 THAT  THE  STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
 OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE
 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   §  10.  Section  6305  of the education law is amended by adding a new
 subdivision 8-a to read as follows:
   8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES  OF  A  STUDENT
 WHO  IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
 NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESI-
 DENT,  A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMI-
 GRATION STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS  AND

 A. 9506--A                         56
 
 OTHER  FINANCIAL  ASSISTANCE  AWARDED  UNDER  THE PROVISIONS OF ARTICLES
 THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER,  PROVIDED
 THAT  THE  STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
 OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   § 11. Paragraph d of subdivision 3 of section 6451  of  the  education
 law,  as  amended by chapter 494 of the laws of 2016, is amended to read
 as follows:
   d. Any necessary supplemental financial assistance, which may  include
 the  cost of books and necessary maintenance for such enrolled students,
 INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
 STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
 GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
 SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
 however, that such supplemental financial assistance shall be  furnished
 pursuant  to  criteria promulgated by the commissioner with the approval
 of the director of the budget;
   § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
 of the education law, as added by chapter 917 of the laws  of  1970,  is
 amended to read as follows:
   (v) Any necessary supplemental financial assistance, which may include
 the cost of books and necessary maintenance for such students, INCLUDING
 STUDENTS  WITHOUT  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT
 MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
 HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  provided,  however,
 that  such supplemental financial assistance shall be furnished pursuant
 to criteria promulgated by such universities and approved by the regents
 and the director of the budget.
   § 13. Paragraph (a) of subdivision 2 of section 6455 of the  education
 law,  as added by chapter 285 of the laws of 1986, is amended to read as
 follows:
   (a) (I) Undergraduate science and technology entry program moneys  may
 be  used  for tutoring, counseling, remedial and special summer courses,
 supplemental financial assistance,  program  administration,  and  other
 activities  which  the commissioner may deem appropriate. To be eligible
 for  undergraduate  collegiate  science  and  technology  entry  program
 support,  a student must be a resident of New York [who is], OR MEET THE
 REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either
 economically  disadvantaged  or from a minority group historically under
 represented in the  scientific,  technical,  health  and  health-related
 professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
 potential for a professional career if provided special services. Eligi-
 ble students must be in good academic standing, enrolled full time in an
 approved, undergraduate level  program  of  study,  as  defined  by  the
 regents.
   (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
 WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESIDENT,  A  LAWFUL
 NON-IMMIGRANT  ALIEN  OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS,
 SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
 PROVIDED THAT THE STUDENT:
   (1)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
 YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
 APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR

 A. 9506--A                         57

   (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
 DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
 TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
 FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
 SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   §  14. Paragraph (a) of subdivision 3 of section 6455 of the education
 law, as added by chapter 285 of the laws of 1986, is amended to read  as
 follows:
   (a)  (I)  Graduate  science and technology entry program moneys may be
 used for recruitment, academic enrichment, career planning, supplemental
 financial assistance, review for licensing examinations, program  admin-
 istration,  and  other activities which the commissioner may deem appro-
 priate. To be eligible for graduate collegiate  science  and  technology
 entry  program  support,  a  student must be a resident of New York [who
 is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,
 AND  MUST  BE either economically disadvantaged or from a minority group
 historically underrepresented in the scientific, technical  and  health-
 related  professions.  Eligible students must be in good academic stand-
 ing, enrolled full time  in  an  approved  graduate  level  program,  as
 defined by the regents.
   (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
 EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
 NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT  LAWFUL  IMMIGRATION  STATUS
 SHALL  BE  ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED
 THAT THE STUDENT:
   (1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
 OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
 AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
 THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   (2) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
 SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
 TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
 RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
 COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
 HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO

 A. 9506--A                         58
 
 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   §  15.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (i)  the name, address and social security number [or], employer iden-
 tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
 TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  EIGH-
 TEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-
 TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER  SHALL
 BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
   §  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
 695-e of the education law, as amended by chapter 593  of  the  laws  of
 2003, is amended to read as follows:
   (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
 TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
 designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
 THOUSAND  EIGHTEEN  THAT  AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
 TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
 NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
   §  17.  The president of the higher education services corporation, in
 consultation with the commissioner  of  education,  shall  establish  an
 application  form  and  procedures  that shall allow a student applicant
 that meets the requirements set forth in subparagraph (ii) of  paragraph
 (a)  or subparagraph (ii) of paragraph b of subdivision 5 of section 661
 of the education law to apply directly to the higher education  services
 corporation or education department for applicable awards without having
 to submit information to any other state or federal agency. All informa-
 tion  contained  within  the applications filed with such corporation or
 department shall be deemed confidential.
   § 18. This act shall take effect immediately; provided, however, that:
   (a) section two of this act shall take effect January 1, 2019;
   (b) sections fifteen and sixteen of this act shall take effect on  the
 ninetieth  day after it shall have become a law; provided, however, that
 any rule or regulation necessary for the timely implementation  of  this
 act  on its effective date shall be promulgated on or before such effec-
 tive date; and
   (c) sections three through fourteen and section seventeen of this  act
 shall take effect on the ninetieth day after the issuance of regulations
 and the development of an application form by the president of the high-
 er  education  services  corporation and commissioner of education or on
 the ninetieth day after it shall have become a law, whichever  shall  be
 later;  provided,  further, however that effective immediately the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the  implementation of this act on its effective date are authorized and
 directed to be made and completed on  or  before  such  date;  provided,
 further,  however,  that  the president of the higher education services
 corporation and the commissioner of education shall notify the  legisla-
 tive bill drafting commission upon the occurrence of the issuance of the
 regulations and the development of an application form in order that the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law.

 A. 9506--A                         59
 
                                  PART F

                           Intentionally Omitted
 
                                  PART G
 
   Section  1.    Section  11 of subpart A of part G of chapter 57 of the
 laws of 2012, amending the social services law and the family court  act
 relating  to  establishing  a  juvenile  justice  services close to home
 initiative, is amended to read as follows:
   § 11. This act shall take effect April 1, 2012  and  shall  expire  on
 March  31,  [2018]  2023  when upon such date the provisions of this act
 shall be deemed repealed; provided, however, that effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date; provided, however, upon the repeal of this act, a social
 services  district that has custody of a juvenile delinquent pursuant to
 an approved juvenile justice services close  to  home  initiative  shall
 retain  custody of such juvenile delinquent until custody may be legally
 transferred in an orderly fashion to the office of children  and  family
 services.
   §  2.  Section  7  of subpart B of part G of chapter 57 of the laws of
 2012, amending the social services law, the family  court  act  and  the
 executive  law  relating  to juvenile delinquents, is amended to read as
 follows:
   § 7. This act shall take effect April 1,  2012  and  shall  expire  on
 March  31,  [2018]  2023  when upon such date the provisions of this act
 shall be deemed repealed; provided, however, that effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary for the implementation of this act on its effective date is author-
 ized  and  directed to be made and completed on or before such effective
 date.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on March 31, 2018.
 
                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
   Section  1.  Section  9  of  part G of chapter 57 of the laws of 2013,
 amending the executive law and  the  social  services  law  relating  to
 consolidating  the  youth development and delinquency prevention program
 and the special delinquency prevention program, is amended  to  read  as
 follows:
   §  9.  This act shall take effect January 1, 2014 and shall expire and
 be deemed repealed on December 31, [2018] 2021.
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section 1. Section 4 of part K of chapter 57  of  the  laws  of  2012,
 amending the education law, relating to authorizing the board of cooper-
 ative educational services to enter into contracts with the commissioner

 A. 9506--A                         60
 
 of  children and family services to provide certain services, as amended
 by section 5 of part J of chapter 56 of laws of 2015, is amended to read
 as follows:
   § 4. This act shall take effect July 1, 2012 and shall expire June 30,
 [2018]  2021  when  upon  such  date the provisions of this act shall be
 deemed repealed.
   § 2. This act shall take effect immediately.

                                  PART K
 
   Section 1. Paragraph (b) of subdivision  2  of  section  1676  of  the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THE STATE OF NEW YORK.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
 section 131-o of the social services law, as amended  by  section  1  of
 part  P  of  chapter  56  of  the  laws  of 2017, are amended to read as
 follows:
   (a) in the case of each individual receiving family  care,  an  amount
 equal to at least [$141.00] $144.00 for each month beginning on or after
 January first, two thousand [seventeen] EIGHTEEN.
   (b)  in  the  case  of  each individual receiving residential care, an
 amount equal to at least [$163.00] $166.00 for each month  beginning  on
 or after January first, two thousand [seventeen] EIGHTEEN.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$194.00]  $198.00  for  each  month
 beginning on or after January first, two thousand [seventeen] EIGHTEEN.
   (d)  for  the period commencing January first, two thousand [eighteen]
 NINETEEN, the monthly personal needs allowance shall be an amount  equal
 to the sum of the amounts set forth in subparagraphs one and two of this
 paragraph:
   (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
 subdivision; and
   (2) the amount in subparagraph one of this  paragraph,  multiplied  by
 the  percentage  of  any  federal  supplemental  security income cost of
 living adjustment which becomes effective on or after January first, two
 thousand [eighteen] NINETEEN, but prior to June thirtieth, two  thousand
 [eighteen] NINETEEN, rounded to the nearest whole dollar.
   §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
 section 209 of the social services law, as amended by section 2 of  part
 P of chapter 56 of the laws of 2017, are amended to read as follows:
   (a) On and after January first, two thousand [seventeen] EIGHTEEN, for
 an  eligible  individual  living  alone,  [$822.00]  $837.00; and for an
 eligible couple living alone, [$1,207.00] $1,229.00.
   (b) On and after January first, two thousand [seventeen] EIGHTEEN, for
 an eligible individual  living  with  others  with  or  without  in-kind
 income, [$758.00] $773.00; and for an eligible couple living with others
 with or without in-kind income, [$1,149.00] $1,171.00.
   (c) On and after January first, two thousand [seventeen] EIGHTEEN, (i)
 for  an eligible individual receiving family care, [$1,001.48] $1,016.48
 if he or she is receiving such care in the city of New York or the coun-
 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible

 A. 9506--A                         61
 
 couple receiving family care in the city of New York or  the  county  of
 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
 in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
 ual  receiving  such  care  in  any other county in the state, [$963.48]
 $978.48; and (iv) for an eligible couple  receiving  such  care  in  any
 other  county  in  the state, two times the amount set forth in subpara-
 graph (iii) of this paragraph.
   (d) On and after January first, two thousand [seventeen] EIGHTEEN, (i)
 for an  eligible  individual  receiving  residential  care,  [$1,170.00]
 $1,185.00 if he or she is receiving such care in the city of New York or
 the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
 eligible couple receiving residential care in the city of  New  York  or
 the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
 amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
 eligible  individual  receiving  such  care  in  any other county in the
 state, [$1,140.00] $1,155.00; and (iv) for an eligible couple  receiving
 such  care  in  any  other county in the state, two times the amount set
 forth in subparagraph (iii) of this paragraph.
   (e) (i) On and after January first, two thousand [seventeen] EIGHTEEN,
 for  an  eligible  individual  receiving  enhanced   residential   care,
 [$1,429.00]  $1,444.00;  and  (ii)  for  an  eligible  couple  receiving
 enhanced residential care, two times the amount set  forth  in  subpara-
 graph (i) of this paragraph.
   (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
 vision  shall  be  increased to reflect any increases in federal supple-
 mental security income benefits for individuals or couples which  become
 effective  on  or  after January first, two thousand [eighteen] NINETEEN
 but prior to June thirtieth, two thousand [eighteen] NINETEEN.
   § 3. This act shall take effect December 31, 2018.
 
                                  PART M
 
   Section 1. Subdivision 14 of section 131-a of the social services law,
 as added by section 1 of part H of chapter 58 of the laws  of  2014,  is
 amended to read as follows:
   14.  In  determining  the  need  for  aid  provided pursuant to public
 assistance programs, each person living with  [clinical/symptomatic  HIV
 illness  or  AIDS]  MEDICALLY  DIAGNOSED HIV INFECTION AS DEFINED BY THE
 AIDS INSTITUTE OF THE DEPARTMENT OF HEALTH in social services  districts
 with  a  population  over five million who is receiving services through
 such district's administrative unit providing HIV/AIDS services,  public
 assistance  and  earned and/or unearned income, shall not be required to
 pay more than thirty  percent  of  his  or  her  monthly  earned  and/or
 unearned  income  toward  the cost of rent that such person has a direct
 obligation to pay; this provision shall not  apply  to  room  and  board
 arrangements.
   §  2.  Section 131-a of the social services law is amended by adding a
 new subdivision 15 to read as follows:
   15. IN DETERMINING THE  NEED  FOR  AID  PROVIDED  PURSUANT  TO  PUBLIC
 ASSISTANCE  PROGRAMS,  EACH  PUBLIC  ASSISTANCE  RECIPIENT  LIVING  WITH
 MEDICALLY DIAGNOSED HIV INFECTION AS DEFINED BY THE  AIDS  INSTITUTE  OF
 THE  DEPARTMENT OF HEALTH IN SOCIAL SERVICES DISTRICTS WITH A POPULATION
 OF FIVE MILLION OR FEWER, AT LOCAL OPTION AND IN ACCORDANCE WITH A  PLAN
 APPROVED  BY  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, MAY NOT
 BE REQUIRED TO PAY MORE THAN THIRTY PERCENT OF HIS OR HER MONTHLY EARNED
 AND/OR UNEARNED INCOME TOWARD THE COST OF RENT THAT SUCH  PERSON  HAS  A

 A. 9506--A                         62
 
 DIRECT  OBLIGATION  TO  PAY;  THIS PROVISION SHALL NOT APPLY TO ROOM AND
 BOARD ARRANGEMENTS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, that the  commissioner  of  the  office  of
 temporary  and  disability assistance may promulgate all rules and regu-
 lations necessary to implement the provisions of this act on an emergen-
 cy basis.
 
                                  PART N
 
   Section 1. Notwithstanding any other provision  of  law,  the  housing
 trust  fund  corporation  may  provide, for purposes of the rural rental
 assistance program pursuant to  article  17-a  of  the  private  housing
 finance  law, a sum not to exceed $23,649,000 for the fiscal year ending
 March 31, 2019. Notwithstanding any other provision of law, and  subject
 to  the approval of the New York state director of the budget, the board
 of directors of the state of New York mortgage  agency  shall  authorize
 the  transfer to the housing trust fund corporation, for the purposes of
 reimbursing any costs associated with rural  rental  assistance  program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $23,649,000, such transfer to be made from (i) the  special  account  of
 the  mortgage  insurance  fund created pursuant to section 2429-b of the
 public authorities law, in an amount not to  exceed  the  actual  excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined  and  certified  by  the state of New York mortgage agency for the
 fiscal year 2017-2018 in accordance with section 2429-b  of  the  public
 authorities  law,  if any, and/or (ii) provided that the reserves in the
 project pool insurance account of the mortgage  insurance  fund  created
 pursuant  to section 2429-b of the public authorities law are sufficient
 to attain and maintain the credit rating (as determined by the state  of
 New  York  mortgage  agency) required to accomplish the purposes of such
 account, the project pool insurance account of  the  mortgage  insurance
 fund,  such transfer to be made as soon as practicable but no later than
 June 30, 2018.
   § 2. Notwithstanding any other provision of  law,  the  housing  trust
 fund corporation may provide, for purposes of the neighborhood preserva-
 tion program, a sum not to exceed $14,779,000 for the fiscal year ending
 March  31,  2019.   Within this total amount, one hundred fifty thousand
 dollars shall be used for the purpose of entering into a  contract  with
 the  neighborhood preservation coalition to provide technical assistance
 and services to companies funded pursuant to article XVI of the  private
 housing  finance  law.   Notwithstanding any other provision of law, and
 subject to the approval of the New York state director  of  the  budget,
 the  board  of  directors of the state of New York mortgage agency shall
 authorize the transfer to the housing trust fund  corporation,  for  the
 purposes of reimbursing any costs associated with neighborhood preserva-
 tion  program  contracts  authorized by this section, a total sum not to
 exceed $14,779,000, such transfer  to  be  made  from  (i)  the  special
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law, in an amount  not  to  exceed  the
 actual  excess  balance in the special account of the mortgage insurance
 fund, as determined and certified by the  state  of  New  York  mortgage
 agency  for  the fiscal year 2017-2018 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law

 A. 9506--A                         63
 
 are sufficient to attain and maintain the credit rating  (as  determined
 by  the  state  of  New York mortgage agency) required to accomplish the
 purposes of such account, the project  pool  insurance  account  of  the
 mortgage insurance fund, such transfer to be made as soon as practicable
 but no later than June 30, 2018.
   §  3.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes  of  the  rural  preservation
 program, a sum not to exceed $6,239,000 for the fiscal year ending March
 31,  2019.  Within this total amount, one hundred fifty thousand dollars
 shall be used for the purpose of entering into a contract with the rural
 housing coalition to provide technical assistance and services to compa-
 nies funded pursuant to article XVII of the private housing finance law.
 Notwithstanding any other provision of law, and subject to the  approval
 of  the New York state director of the budget, the board of directors of
 the state of New York mortgage agency shall authorize  the  transfer  to
 the  housing trust fund corporation, for the purposes of reimbursing any
 costs associated with rural preservation program contracts authorized by
 this section, a total sum not to exceed $6,239,000, such transfer to  be
 made from (i) the special account of the mortgage insurance fund created
 pursuant  to  section 2429-b of the public authorities law, in an amount
 not to exceed the actual excess balance in the special  account  of  the
 mortgage insurance fund, as determined and certified by the state of New
 York  mortgage  agency  for the fiscal year 2017-2018 in accordance with
 section 2429-b of the  public  authorities  law,  if  any,  and/or  (ii)
 provided  that the reserves in the project pool insurance account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law are sufficient to attain and maintain the credit  rating
 (as  determined  by  the  state of New York mortgage agency) required to
 accomplish the purposes of such  account,  the  project  pool  insurance
 account of the mortgage insurance fund, such transfer to be made as soon
 as practicable but no later than June 30, 2018.
   §  4. Notwithstanding any other provision of law, the homeless housing
 and assistance corporation may provide, for purposes  of  the  New  York
 state  supportive  housing  program,  the  solutions to end homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified grantees under those programs, in accordance with the requirements
 of those programs, a sum not to exceed $8,333,000 for  the  fiscal  year
 ending  March  31, 2019. The homeless housing and assistance corporation
 may enter into an agreement with the office of temporary and  disability
 assistance to administer such sum in accordance with the requirements of
 the programs. Notwithstanding any other provision of law, and subject to
 the  approval of the New York state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer to the homeless housing and assistance corporation, a total sum
 not  to exceed $8,333,000, such transfer to be made from (i) the special
 account of the mortgage  insurance  fund  created  pursuant  to  section
 2429-b  of  the  public  authorities law, in an amount not to exceed the
 actual excess balance in the special account of the  mortgage  insurance
 fund,  as  determined  and  certified  by the state of New York mortgage
 agency for the fiscal year 2017-2018 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 reserves in the project pool insurance account of the mortgage insurance
 fund created pursuant to section 2429-b of the  public  authorities  law
 are  sufficient  to attain and maintain the credit rating (as determined
 by the state of New York mortgage agency)  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the

 A. 9506--A                         64
 
 mortgage insurance fund, such transfer to be made as soon as practicable
 but no later than March 31, 2019.
   §  5.  Notwithstanding any other provision of law to the contrary, the
 housing trust fund corporation may provide, for purposes of  the  access
 to  home  program  pursuant to article 25 of the private housing finance
 law, a sum not to exceed $3,000,000 for the fiscal year ending March 31,
 2019. Notwithstanding any other provision of law,  and  subject  to  the
 approval  of  the  New  York  state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing any costs associated with access to home  contracts  author-
 ized  by this section, a total sum not to exceed $3,000,000, such trans-
 fer to be made from (i) the special account of  the  mortgage  insurance
 fund  created  pursuant to section 2429-b of the public authorities law,
 in an amount not to exceed the actual  excess  balance  in  the  special
 account  of  the mortgage insurance fund, as determined and certified by
 the state of New York mortgage agency for the fiscal year  2017-2018  in
 accordance  with  section  2429-b of the public authorities law, if any,
 and/or (ii) provided that the reserves in  the  project  pool  insurance
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law are sufficient to attain and  main-
 tain  the credit rating (as determined by the state of New York mortgage
 agency) required to accomplish the purposes of such account, the project
 pool insurance account of the mortgage insurance fund, such transfer  to
 be made as soon as practicable but not later than June 30, 2018.
   §  6.  Notwithstanding any other provision of law to the contrary, the
 state office for the  aging  may  provide,  for  costs  associated  with
 naturally  occurring  retirement  communities,  a  sum not to exceed one
 million dollars for the fiscal year ending March  31,  2019.    Notwith-
 standing  any other provision of law to the contrary, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the general fund, for the purposes of reimbursing any  costs
 associated with naturally occurring retirement communities authorized by
 this section, a total sum not to exceed one million dollars, such trans-
 fer  to  be  made from (i) the special account of the mortgage insurance
 fund created pursuant to section 2429-b of the public  authorities  law,
 in  an  amount  not  to  exceed the actual excess balance in the special
 account of the mortgage insurance fund, as determined and  certified  by
 the  state  of New York mortgage agency for the fiscal year 2017-2018 in
 accordance with section 2429-b of the public authorities  law,  if  any,
 and/or  (ii)  provided  that  the reserves in the project pool insurance
 account of the mortgage  insurance  fund  created  pursuant  to  section
 2429-b  of the public authorities law are sufficient to attain and main-
 tain the credit rating (as determined by the state of New York  mortgage
 agency) required to accomplish the purposes of such account, the project
 pool  insurance account of the mortgage insurance fund, such transfer to
 be made as soon as practicable but no later than June 30, 2019.
   § 7. Notwithstanding any other provision of law to the  contrary,  the
 state office for the aging may provide, for costs associated with neigh-
 borhood  naturally occurring retirement communities, a sum not to exceed
 one million dollars for the fiscal year ending March 31, 2019.  Notwith-
 standing  any other provision of law to the contrary, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the general fund, for the purposes of reimbursing any  costs

 A. 9506--A                         65
 
 associated  with neighborhood naturally occurring retirement communities
 authorized by this section, a  total  sum  not  to  exceed  one  million
 dollars,  such  transfer  to be made from (i) the special account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the  special  account  of the mortgage insurance fund, as determined and
 certified by the state of New York mortgage agency for the  fiscal  year
 2017-2018  in  accordance  with section 2429-b of the public authorities
 law, if any, and/or (ii) provided that the reserves in the project  pool
 insurance  account  of  the  mortgage insurance fund created pursuant to
 section 2429-b of the public authorities law are  sufficient  to  attain
 and  maintain  the credit rating (as determined by the state of New York
 mortgage agency) required to accomplish the purposes  of  such  account,
 the  project pool insurance account of the mortgage insurance fund, such
 transfer to be made as soon as practicable but no later  than  June  30,
 2019.
   §  8.  Sections 12 and 13 of part R of chapter 56 of the laws of 2017,
 relating to utilizing reserves in the mortgage insurance fund for  vari-
 ous housing purposes, are amended to read as follows:
   § 12.  Notwithstanding any other provision of law to the contrary, the
 state  office  for  the  aging  may  provide,  for costs associated with
 naturally occurring retirement communities, a  sum  not  to  exceed  one
 million  dollars  for  the  fiscal year ending March 31, 2018.  Notwith-
 standing any other provision of law to the contrary, and subject to  the
 approval  of  the  New  York  state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  [state  office  for  the aging] GENERAL FUND, for the
 purposes of reimbursing any costs associated  with  naturally  occurring
 retirement  communities  authorized  by this section, a total sum not to
 exceed one million dollars, such  transfer  to  be  made  from  (i)  the
 special  account  of  the  mortgage  insurance  fund created pursuant to
 section 2429-b of the public authorities law, in an amount not to exceed
 the actual excess balance in the special account of the mortgage  insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency  for  the fiscal year 2016-2017 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law
 are sufficient to attain and maintain the credit rating  (as  determined
 by  the  state  of  New York mortgage agency) required to accomplish the
 purposes of such account, the project  pool  insurance  account  of  the
 mortgage insurance fund, such transfer to be made as soon as practicable
 but no later than June 30, 2018.
   §  13. Notwithstanding any other provision of law to the contrary, the
 state office for the aging may provide, for costs associated with neigh-
 borhood naturally occurring retirement communities, a sum not to  exceed
 one  million dollars for the fiscal year ending March 31, 2018. Notwith-
 standing any other provision of law to the contrary, and subject to  the
 approval  of  the  New  York  state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  [state  office  for  the aging] GENERAL FUND, for the
 purposes of reimbursing any costs associated with neighborhood naturally
 occurring retirement communities authorized by this section, a total sum
 not to exceed one million dollars, such transfer to be made from (i) the
 special account of the  mortgage  insurance  fund  created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed

 A. 9506--A                         66
 
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2016-2017 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 reserves in the project pool insurance account of the mortgage insurance
 fund created pursuant to section 2429-b of the  public  authorities  law
 are  sufficient  to attain and maintain the credit rating (as determined
 by the state of New York mortgage agency)  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer to be made as soon as practicable
 but no later than June 30, 2018.
   § 9. Notwithstanding any other provision of law, and  in  addition  to
 the powers currently authorized to be exercised by the state of New York
 municipal  bond  bank  agency, the state of New York municipal bond bank
 agency may provide, for purposes of municipal  relief  to  the  city  of
 Albany,  a sum not to exceed $9,500,000 dollars for the city fiscal year
 ending December 31, 2018, to the city  of  Albany.  Notwithstanding  any
 other  provision  of  law,  and  subject to the approval of the New York
 state director of the budget, the state  of  New  York  mortgage  agency
 shall  transfer  to the state of New York municipal bond bank agency for
 distribution as municipal relief to the city of Albany, a total sum  not
 to  exceed  $9,500,000  dollars,  such  transfer to be made from (i) the
 special account of the  mortgage  insurance  fund  created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2017-2018 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 reserves in the project pool insurance account of the mortgage insurance
 fund created pursuant to section 2429-b of the  public  authorities  law
 are  sufficient  to attain and maintain the credit rating (as determined
 by the agency) required to accomplish the purposes of such account,  the
 project  pool  insurance  account of the mortgage insurance fund created
 pursuant to section 2429-b of the public authorities law, such  transfer
 to  be made as soon as practicable after May 15, 2018, but no later than
 December 31, 2018, and provided further that the New York state director
 of the budget may request additional information from the city of Albany
 regarding the utilization of these funds and the finances and operations
 of the city, as appropriate.
   § 10. This act shall take effect immediately; provided, however,  that
 the  amendments to sections 12 and 13 of chapter 56 of the laws of 2017,
 made by section eight of this act, shall be deemed to have been in  full
 force and effect on and after April 1, 2017.
 
                                  PART O
 
   Section  1.  Paragraph  (c) of subdivision 2 of section 1 of part A of
 chapter 85 of the laws of 2017, relating to creating the  Lake  Ontario-
 St.  Lawrence  Seaway  flood recovery and International Joint Commission
 Plan 2014 mitigation grant program, as amended by section 2 of part J of
 chapter 61 of the laws of 2017, is amended to read as follows:
   (c) The New York state urban development corporation shall  administer
 this  grant program, which shall not exceed in the aggregate $15,000,000
 PLUS ANY FUNDS DIRECTED FROM THE PROGRAMS AUTHORIZED IN  SUBDIVISIONS  3
 AND  4  OF THIS SECTION. Such corporation and other relevant state agen-
 cies and state authorities  are  hereby  empowered  to  establish  grant

 A. 9506--A                         67
 
 guidelines  and  additional  eligibility criteria as deemed necessary to
 effectuate the administration of this program. Any grant guidelines  and
 eligibility  criteria  established  by  the corporation pursuant to this
 subdivision  shall  be  equivalent to, and shall not be more restrictive
 than, those established by the New York State Urban  Development  Corpo-
 ration,  doing  business as the Empire State Development Corporation, in
 the grant programs it administered pursuant to part H of chapter  56  of
 the  laws of 2011. In providing assistance pursuant to this subdivision,
 the New York state urban development corporation shall  give  preference
 to  applicants  that  demonstrate  the greatest need, based on available
 flood damage data provided by applicable state and/or federal agencies.
   § 2. Paragraph (c) of subdivision 3 of section 1 of part A of  chapter
 85  of  the  laws  of  2017,  relating  to creating the Lake Ontario-St.
 Lawrence Seaway flood recovery and International Joint  Commission  Plan
 2014  mitigation  grant  program,  as  amended by section 2 of part J of
 chapter 61 of the laws of 2017, is amended to read as follows:
   (c) The affordable housing corporation  shall  administer  this  grant
 program,  which  shall  not exceed in the aggregate $15,000,000 PLUS ANY
 FUNDS DIRECTED FROM THE PROGRAMS AUTHORIZED IN SUBDIVISIONS 2 AND  4  OF
 THIS  SECTION. Such corporation and other relevant state agency or state
 authorities are hereby empowered to establish grant guidelines and addi-
 tional eligibility criteria as deemed necessary to effectuate the admin-
 istration of this program.  Any grant guidelines and eligibility  crite-
 ria established by the corporation pursuant to this subdivision shall be
 equivalent to, and shall not be more restrictive than, those established
 by  the  New York State Urban Development Corporation, doing business as
 the Empire State Development  Corporation,  in  the  grant  programs  it
 administered  pursuant  to part H of chapter 56 of the laws of 2011.  In
 providing assistance pursuant to this subdivision, the affordable  hous-
 ing corporation shall give preference to applicants that demonstrate the
 greatest need, based on available flood damage data provided by applica-
 ble state and/or federal agencies.
   §  3. Paragraph (c) of subdivision 4 of section 1 of part A of chapter
 85 of the laws of  2017,  relating  to  creating  the  Lake  Ontario-St.
 Lawrence  Seaway  flood recovery and International Joint Commission Plan
 2014 mitigation grant program, as amended by section  2  of  part  J  of
 chapter 61 of the laws of 2017, is amended to read as follows:
   (c)  The  housing  trust  fund corporation shall administer this grant
 program, which shall not exceed in the aggregate  $15,000,000  PLUS  ANY
 FUNDS  DIRECTED  FROM THE PROGRAMS AUTHORIZED IN SUBDIVISIONS 2 AND 3 OF
 THIS SECTION. Such corporation, and other  relevant  state  agencies  or
 state authorities, is hereby empowered to establish grant guidelines and
 additional  eligibility  criteria,  based on available flood damage data
 provided by applicable state and/or federal agencies, as it deems neces-
 sary to effectuate the administration of this program.  Any grant guide-
 lines and eligibility criteria established by the  corporation  pursuant
 to  this  subdivision  shall  be  equivalent  to,  and shall not be more
 restrictive than, those established by the New York State Urban Develop-
 ment Corporation, doing business as the Empire State Development  Corpo-
 ration,  in  the  grant  programs  it administered pursuant to part H of
 chapter 56 of the laws of 2011.   In providing  assistance  pursuant  to
 this  subdivision,  the  corporation shall give preference to applicants
 that demonstrate the greatest need, based on available flood damage data
 provided by applicable state and/or federal agencies.
   § 4. This act shall take effect immediately.

 A. 9506--A                         68
 
                                  PART P
 
   Section  1.  Subdivision 2 of section 220 of the labor law, as amended
 by chapter 678 of the laws of 2007, is amended to read as follows:
   2. [Each] EVERY contract [to which  the  state  or  a  public  benefit
 corporation  or a municipal corporation or a commission appointed pursu-
 ant to law is a party, and any contract for public work entered into  by
 a  third  party  acting in place of, on behalf of and for the benefit of
 such public entity pursuant to any  lease,  permit  or  other  agreement
 between  such  third  party and the public entity, and which may involve
 the employment of laborers, workers or mechanics] FOR PUBLIC WORK  shall
 contain  a stipulation that no laborer, worker or mechanic in the employ
 of the contractor, subcontractor or other person doing or contracting to
 do the whole or a part of the work contemplated by the contract shall be
 permitted or required to work more than eight hours in any one  calendar
 day  or  more than five days in any one week except in cases of extraor-
 dinary emergency including fire, flood or danger to life or property. No
 such person shall be so employed more than eight hours  in  any  day  or
 more  than  five days in any one week except in such emergency. Extraor-
 dinary emergency within the meaning of this section shall be  deemed  to
 include  situations  in which sufficient laborers, workers and mechanics
 cannot be employed to carry on public work expeditiously as a result  of
 such  restrictions  upon  the  number of hours and days of labor and the
 immediate commencement or prosecution or completion without undue  delay
 of  the public work is necessary in the judgment of the commissioner for
 the preservation of the contract site and for the protection of the life
 and limb of the persons using the same.  Upon  the  application  of  any
 person  interested,  the  commissioner  shall make a determination as to
 whether or not on any public project or on all public  projects  in  any
 area of this state, sufficient laborers, workers and mechanics of any or
 all  classifications  can  be employed to carry on work expeditiously if
 their labor is restricted to eight hours per day and five days per week,
 and in the event that the commissioner determines  that  there  are  not
 sufficient workers, laborers and mechanics of any or all classifications
 which may be employed to carry on such work expeditiously if their labor
 is  restricted  to  eight  hours per day and five days per week, and the
 immediate commencement or prosecution or completion without undue  delay
 of  the public work is necessary in the judgment of the commissioner for
 the preservation of the contract site and for the protection of the life
 and limb of the persons using the same, the commissioner shall  grant  a
 dispensation  permitting  all  laborers,  workers  and mechanics, or any
 classification of such laborers, workers and  mechanics,  to  work  such
 additional  hours  or  days  per  week on such public project or in such
 areas the commissioner shall determine. Whenever such a dispensation  is
 granted,  all  work  in  excess of eight hours per day and five days per
 week shall be considered overtime work, and the  laborers,  workers  and
 mechanics performing such work shall be paid a premium wage commensurate
 with  the  premium  wages  prevailing  in  the area in which the work is
 performed. No such dispensation shall be effective with respect  to  any
 public  work unless and until the department of jurisdiction, as defined
 in this section, certifies to the commissioner that such public work  is
 of  an  important  nature  and that a delay in carrying it to completion
 would result in serious disadvantage to the public.  Time  lost  in  any
 week   because   of  inclement  weather  by  employees  engaged  in  the
 construction, reconstruction and maintenance of highways outside of  the

 A. 9506--A                         69
 
 limits of cities and villages may be made up during that week and/or the
 succeeding three weeks.
   §  2.  Subdivision  5  of  section  220 of the labor law is amended by
 adding four new paragraphs m, n, o and p to read as follows:
   M. FOR THE PURPOSES OF THIS ARTICLE, "PUBLIC WORK" MEANS  ANY  OF  THE
 FOLLOWING:
   (I) CONSTRUCTION PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS;
   (II)  CONSTRUCTION  WORK  PERFORMED UNDER PRIVATE CONTRACT WHEN ALL OF
 THE FOLLOWING CONDITIONS EXIST:
   (A) THE CONSTRUCTION CONTRACT IS BETWEEN PRIVATE PARTIES;
   (B) THE PROPERTY SUBJECT TO THE  CONSTRUCTION  CONTRACT  IS  PRIVATELY
 OWNED,  BUT UPON COMPLETION OF THE CONSTRUCTION WORK, ANY PORTION OF THE
 PROPERTY IS LEASED OR WILL BE LEASED TO THE STATE OR ANY PUBLIC  ENTITY,
 AND ONE OF THE FOLLOWING CONDITIONS EXIST:
   (1)  THE  PUBLIC ENTITY ENTERED INTO OR BARGAINED FOR THE LEASE AGREE-
 MENT PRIOR TO THE CONSTRUCTION CONTRACT; OR
   (2) THE CONSTRUCTION WORK IS PERFORMED ACCORDING TO PLANS,  SPECIFICA-
 TIONS,  OR CRITERIA FURNISHED BY THE PUBLIC ENTITY, AND THE LEASE AGREE-
 MENT BETWEEN THE LESSOR AND PUBLIC ENTITY, AS LESSEE,  IS  ENTERED  INTO
 DURING,  OR  UPON  COMPLETION  OF,  THE CONSTRUCTION WORK, OR WITHIN SIX
 MONTHS FOLLOWING COMPLETION OF THE CONSTRUCTION WORK; OR
   (III) CONSTRUCTION WORK PERFORMED ON PROPERTY OWNED BY A PUBLIC ENTITY
 IN WHOLE OR IN PART OR WILL BE OWNED OR MAINTAINED BY A PUBLIC ENTITY IN
 WHOLE OR IN PART UPON COMPLETION OF THE PROJECT.
   (IV) FOR THE PURPOSES OF THIS ARTICLE, "PUBLIC WORK"  SHALL  NOT  MEAN
 ANY OF THE FOLLOWING:
   (A) CONSTRUCTION WORK ON ONE OR TWO FAMILY DWELLINGS WHERE THE PROPER-
 TY IS THE OWNER'S PRIMARY RESIDENCE OR CONSTRUCTION WORK DONE ON PROPER-
 TY  WHERE  THE  OWNER  OF  THE  PROPERTY OWNS NO MORE THAN FOUR DWELLING
 UNITS;
   (B) CONSTRUCTION WORK PERFORMED UNDER A CONTRACT WITH A NON-PROFIT  AS
 DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW
 WHERE  THE  VALUE OF THE PUBLIC FUNDS PROVIDED TO THE NON-PROFIT FOR THE
 PROJECT IS LESS THAN ONE HUNDRED THOUSAND DOLLARS AND THE NON-PROFIT HAS
 GROSS ANNUAL REVENUE AND SUPPORT LESS THAN ONE MILLION DOLLARS; OR
   (C) CONSTRUCTION WORK PERFORMED ON A MULTIPLE DWELLING WHERE  NO  LESS
 THAN  SEVENTY-FIVE  PERCENT  OF THE RESIDENTIAL UNITS ARE AFFORDABLE FOR
 HOUSEHOLDS UP TO SIXTY PERCENT OF THE AREA MEDIAN INCOME,  ADJUSTED  FOR
 FAMILY  SIZE,  AS  CALCULATED BY THE UNITED STATES DEPARTMENT OF HOUSING
 AND URBAN DEVELOPMENT, PROVIDED HOWEVER, THAT ANY CONSTRUCTION PERFORMED
 ON NON-RESIDENTIAL SPACE IN CONNECTION WITH A MULTIPLE DWELLING  PROJECT
 SHALL  BE CONSIDERED PUBLIC WORK IF IT MEETS ANY OF THE CRITERIA IN THIS
 PARAGRAPH. FURTHER, ANY CONSTRUCTION WORK PERFORMED ON A PROJECT  ELIGI-
 BLE  FOR  BENEFITS  UNDER  SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL
 PROPERTY TAX LAW SHALL NOT BE CONSIDERED PUBLIC WORK FOR THE PURPOSES OF
 THIS ARTICLE.
   N. "PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS" MEANS ALL OF THE
 FOLLOWING:
   (I) THE PAYMENT OF MONEY OR THE EQUIVALENT  OF  MONEY,  INCLUDING  THE
 ISSUANCE  OF  BONDS  AND  GRANTS,  BY THE STATE OR A PUBLIC ENTITY, OR A
 THIRD PARTY ACTING ON BEHALF OF AND FOR THE  BENEFIT  OF  THE  STATE  OR
 PUBLIC  ENTITY, DIRECTLY TO OR ON BEHALF OF THE PUBLIC WORKS CONTRACTOR,
 SUBCONTRACTOR, OR DEVELOPER.
   (II) PERFORMANCE OF CONSTRUCTION WORK BY THE STATE OR ANY PUBLIC ENTI-
 TY IN THE EXECUTION OF THE PROJECT.

 A. 9506--A                         70
 
   (III) TRANSFER BY THE STATE OR A PUBLIC ENTITY OF AN  ASSET  OF  VALUE
 FOR LESS THAN FAIR MARKET VALUE.
   (IV)  FEES,  COSTS, RENTS, INSURANCE OR BOND PREMIUMS, LOANS, INTEREST
 RATES, TAXES, OR OTHER OBLIGATIONS THAT WOULD NORMALLY  BE  REQUIRED  IN
 THE  EXECUTION  OF  THE PROJECT, THAT ARE PAID, REDUCED, CHARGED AT LESS
 THAN FAIR MARKET VALUE, WAIVED, OR FORGIVEN BY THE STATE OR PUBLIC ENTI-
 TY.
   (V) MONEY LOANED BY THE STATE OR PUBLIC ENTITY THAT IS TO BE REPAID ON
 A CONTINGENT BASIS.
   (VI) CREDITS THAT ARE APPLIED BY THE STATE OR  PUBLIC  ENTITY  AGAINST
 REPAYMENT OBLIGATIONS TO THE STATE OR PUBLIC ENTITY.
   O.    "PUBLIC  ENTITY"  INCLUDES,  BUT IS NOT LIMITED TO, THE STATE, A
 LOCAL DEVELOPMENT CORPORATION AS DEFINED IN SUBDIVISION EIGHT OF SECTION
 EIGHTEEN HUNDRED ONE OF THE PUBLIC AUTHORITIES LAW OR  SECTION  FOURTEEN
 HUNDRED  ELEVEN  OF THE NOT-FOR-PROFIT CORPORATION LAW, MUNICIPAL CORPO-
 RATION AS DEFINED IN SECTION  ONE  HUNDRED  NINETEEN-N  OF  THE  GENERAL
 MUNICIPAL  LAW, INDUSTRIAL DEVELOPMENT AGENCIES FORMED PURSUANT TO ARTI-
 CLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW  OR  INDUSTRIAL  DEVELOPMENT
 AUTHORITIES  FORMED  PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES
 LAW, EDUCATIONAL CORPORATION ESTABLISHED UNDER ARTICLE FIFTY-SIX OF  THE
 EDUCATION  LAW,  COMMISSION APPOINTED PURSUANT TO LAW, AS WELL AS STATE,
 LOCAL AND INTERSTATE AND INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION
 TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY  TRUST  CREATED
 BY ANY SUCH ENTITIES.
   P.  (I)  "CONSTRUCTION"  INCLUDES,  BUT IS NOT LIMITED TO, DEMOLITION,
 RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR, INSTALLATION,  RENO-
 VATION, ALTERATION, AND CUSTOM FABRICATION. "CONSTRUCTION" ALSO INCLUDES
 WORK   PREFORMED   DURING  THE  DESIGN  AND  PRECONSTRUCTION  PHASES  OF
 CONSTRUCTION, INCLUDING BUT NOT LIMITED TO, INSPECTION AND LAND  SURVEY-
 ING  WORK  AND  WORK  PERFORMED  DURING  THE POST-CONSTRUCTION PHASES OF
 CONSTRUCTION, INCLUDING, BUT NOT LIMITED TO, ALL  CLEANUP  WORK  AT  THE
 JOBSITE.   "CONSTRUCTION" ALSO INCLUDES THE DELIVERY TO AND HAULING FROM
 THE JOBSITE OF AGGREGATE SUPPLY CONSTRUCTION MATERIALS,  SUCH  AS  SAND,
 GRAVEL, STONE, DIRT, FILL, AS WELL AS ANY NECESSARY RETURN HAULS, WHETH-
 ER EMPTY OR LOADED.
   (II)  FOR THE PURPOSES OF THIS ARTICLE, "CUSTOM FABRICATION" MEANS THE
 FABRICATION AND ALL DRAFTING RELATED TO THE FABRICATION OF  ALL  MASONRY
 PANELS,  WOODWORK,  CASES, CABINETS, OR COUNTERS, AND THE FABRICATION OF
 PLUMBING, HEATING, COOLING, VENTILATION, OR EXHAUST  DUCT  SYSTEMS,  AND
 MECHANICAL  INSULATION  SOLELY  AND SPECIFICALLY DESIGNED AND ENGINEERED
 FOR INSTALLATION IN THE CONSTRUCTION, REPAIR, OR RENOVATION OF A  BUILD-
 ING, REGARDLESS OF WHERE THE CUSTOM FABRICATION IS PERFORMED. THE APPLI-
 CABLE  PREVAILING WAGE FOR ANY OFF-SITE CUSTOM FABRICATION WORK SHALL BE
 THE ON-SITE PREVAILING WAGE FOR THE PUBLIC WORK SITE.
   § 3. The labor law is amended by adding a new section 224-a to read as
 follows:
   § 224-A. STOP-WORK ORDERS.  WHERE A COMPLAINT IS RECEIVED PURSUANT  TO
 THIS  ARTICLE,  OR WHERE THE FISCAL OFFICER UPON HIS OR HER OWN INVESTI-
 GATION, FINDS CAUSE TO BELIEVE THAT ANY PERSON, IN CONNECTION  WITH  THE
 PERFORMANCE OF ANY CONTRACT FOR PUBLIC WORK, HAS SUBSTANTIALLY AND MATE-
 RIALLY  FAILED  TO COMPLY WITH OR INTENTIONALLY EVADED THE PROVISIONS OF
 THIS ARTICLE, THE COMMISSIONER MAY NOTIFY SUCH PERSON IN WRITING OF  HIS
 OR  HER  INTENTION  TO ISSUE A STOP-WORK ORDER. SUCH NOTICE SHALL (I) BE
 SERVED IN A MANNER CONSISTENT WITH SECTION THREE HUNDRED  EIGHT  OF  THE
 CIVIL  PRACTICE  LAW  AND  RULES;  (II) NOTIFY SUCH PERSON OF HIS OR HER
 RIGHT TO A HEARING; AND (III) STATE THE FACTUAL  BASIS  UPON  WHICH  THE

 A. 9506--A                         71
 
 COMMISSIONER  HAS  BASED HIS OR HER DECISION TO ISSUE A STOP-WORK ORDER.
 ANY DOCUMENTS, REPORTS, OR INFORMATION THAT FORM A BASIS FOR SUCH  DECI-
 SION  SHALL  BE  PROVIDED TO SUCH PERSON WITHIN A REASONABLE TIME BEFORE
 THE HEARING. SUCH HEARING SHALL BE EXPEDITIOUSLY CONDUCTED.
   FOLLOWING  THE  HEARING, IF THE COMMISSIONER ISSUES A STOP-WORK ORDER,
 IT SHALL BE SERVED BY REGULAR MAIL, AND A SECOND COPY MAY BE  SERVED  BY
 TELEFACSIMILE OR BY ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON RECEIPT
 OF  ANY  OF  SUCH  ORDER. SUCH STOP-WORK ORDER SHALL ALSO BE SERVED WITH
 REGARD TO A WORKSITE BY POSTING A COPY OF SUCH ORDER  IN  A  CONSPICUOUS
 LOCATION  AT  THE  WORKSITE.  THE ORDER SHALL REMAIN IN EFFECT UNTIL THE
 COMMISSIONER DIRECTS THAT THE STOP-WORK ORDER BE REMOVED, UPON  A  FINAL
 DETERMINATION  ON THE COMPLAINT OR WHERE SUCH FAILURE TO COMPLY OR EVADE
 HAS BEEN DEEMED CORRECTED. IF THE PERSON  AGAINST  WHOM  SUCH  ORDER  IS
 ISSUED  SHALL  WITHIN  THIRTY DAYS AFTER ISSUANCE OF THE STOP-WORK ORDER
 MAKES AN APPLICATION IN AFFIDAVIT FORM FOR A REDETERMINATION  REVIEW  OF
 SUCH  ORDER  THE  COMMISSIONER  SHALL  MAKE A DECISION IN WRITING ON THE
 ISSUES RAISED IN SUCH APPLICATION. THE COMMISSIONER MAY DIRECT A  CONDI-
 TIONAL  RELEASE  FROM  A STOP-WORK ORDER UPON A FINDING THAT SUCH PERSON
 HAS TAKEN MEANINGFUL AND GOOD FAITH STEPS TO COMPLY WITH THE  PROVISIONS
 OF THIS ARTICLE.
   § 4. This act shall take effect immediately.
 
                                  PART Q
 
   Section  1.  Section  2 of the lien law is amended by adding three new
 subdivisions 21, 22 and 23 to read as follows:
   21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN  THIS  CHAPTER,  SHALL
 HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO ARTICLES ONE, SIX, NINE-
 TEEN  AND  NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
 STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE.
   22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN  THIS  CHAPTER,  SHALL
 HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO ARTICLES ONE, SIX, NINE-
 TEEN  AND  NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
 STANDARDS ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE.
   23. WAGE CLAIM. THE TERM "WAGE CLAIM",  WHEN  USED  IN  THIS  CHAPTER,
 MEANS  A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS ONE
 HUNDRED SEVENTY, ONE HUNDRED NINETY-ONE, ONE HUNDRED  NINETY-THREE,  ONE
 HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
 OF  THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS PROMULGATED
 BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN
 EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT CONTRACT, OR A
 CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF 29 U.S.C.  §  206  OR
 207.
   §  2. Section 3 of the lien law, as amended by chapter 137 of the laws
 of 1985, is amended to read as follows:
   § 3. Mechanic's lien  AND  EMPLOYEE'S  LIEN  on  [real]  property.  1.
 MECHANIC'S  LIEN.  A  contractor,  subcontractor,  laborer, materialman,
 landscape gardener, nurseryman or person or corporation selling fruit or
 ornamental trees, roses, shrubbery, vines and small fruits, who performs
 labor or furnishes materials for the improvement of real  property  with
 the  consent  or  at  the request of the owner thereof, or of his agent,
 contractor or subcontractor, and any trust fund to  which  benefits  and
 wage  supplements  are  due or payable for the benefit of such laborers,
 shall have a lien for the principal and interest, of the value,  or  the
 agreed price, of such labor, including benefits and wage supplements due
 or  payable  for  the benefit of any laborer, or materials upon the real

 A. 9506--A                         72
 
 property improved or to be improved and upon such improvement, from  the
 time  of  filing  a  notice  of such lien as prescribed in this chapter.
 Where the contract for an improvement is made with a husband or wife and
 the property belongs to the other or both, the husband or wife contract-
 ing  shall  also  be  presumed to be the agent of the other, unless such
 other having knowledge of the improvement shall, within ten  days  after
 learning  of  the  contract give the contractor written notice of his or
 her refusal to consent to the improvement. Within  the  meaning  of  the
 provisions  of this chapter, materials actually manufactured for but not
 delivered to the real property, shall also be  deemed  to  be  materials
 furnished.
   2.  EMPLOYEE'S  LIEN. AN EMPLOYEE WHO HAS A WAGE CLAIM AS THAT TERM IS
 DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER SHALL
 HAVE A LIEN ON HIS OR HER EMPLOYER'S INTEREST IN PROPERTY FOR THE  VALUE
 OF  THE  WAGE  CLAIM ARISING OUT OF THE EMPLOYMENT, INCLUDING LIQUIDATED
 DAMAGES PURSUANT TO SUBDIVISION ONE-A OF  SECTION  ONE  HUNDRED  NINETY-
 EIGHT, SECTION SIX HUNDRED SIXTY-THREE OR SECTION SIX HUNDRED EIGHTY-ONE
 OF  THE  LABOR  LAW,  OR  29 U.S.C. § 216 (B), FROM THE TIME OF FILING A
 NOTICE OF SUCH LIEN AS PRESCRIBED IN THIS CHAPTER.  AN  EMPLOYEE'S  LIEN
 BASED ON A WAGE CLAIM MAY BE HAD AGAINST THE EMPLOYER'S INTEREST IN REAL
 PROPERTY  AND  AGAINST THE EMPLOYER'S INTEREST IN PERSONAL PROPERTY THAT
 CAN BE SUFFICIENTLY DESCRIBED WITHIN THE MEANING OF SECTION 9-108 OF THE
 UNIFORM COMMERCIAL CODE, EXCEPT THAT AN EMPLOYEE'S LIEN SHALL NOT EXTEND
 TO DEPOSIT ACCOUNTS OR GOODS AS THOSE TERMS ARE DEFINED IN SECTION 9-102
 OF THE UNIFORM COMMERCIAL CODE.  THE DEPARTMENT OF LABOR AND THE  ATTOR-
 NEY  GENERAL  MAY OBTAIN AN EMPLOYEE'S LIEN FOR THE VALUE OF WAGE CLAIMS
 OF THE EMPLOYEES WHO ARE THE  SUBJECT  OF  THEIR  INVESTIGATIONS,  COURT
 ACTIONS OR ADMINISTRATIVE AGENCY ACTIONS.
   3.  AS  USED  IN  THIS  ARTICLE AND UNLESS OTHERWISE SPECIFIED, A LIEN
 SHALL MEAN AN EMPLOYEE'S LIEN OR A MECHANIC'S LIEN.
   § 3. Subdivisions 1 and 2 of section 4 of the lien law, subdivision  1
 as amended by chapter 515 of the laws of 1929 and subdivision 2 as added
 by chapter 704 of the laws of 1985, are amended to read as follows:
   (1) [Such] A MECHANIC'S OR EMPLOYEE'S lien AND EMPLOYEE'S LIEN AGAINST
 REAL  PROPERTY  shall  extend to the owner's right, title or interest in
 the real property and improvements, existing at the time of  filing  the
 notice  of  lien,  or thereafter acquired, except as hereinafter in this
 article provided. If an owner assigns his interest in such real property
 by a general assignment for the benefit of creditors, within thirty days
 prior to such filing,  the  lien  shall  extend  to  the  interest  thus
 assigned.  If  any  part  of the real property subjected to such lien be
 removed by the owner or by any other person,  at  any  time  before  the
 discharge  thereof,  such  removal  shall  not  affect the rights of the
 lienor, either in respect to the remaining real property, or the part so
 removed. If labor  is  performed  for,  or  materials  furnished  to,  a
 contractor  or  subcontractor  for  an  improvement, the MECHANIC'S lien
 shall not be for a sum greater than the sum earned  and  unpaid  on  the
 contract  at  the  time of filing the notice of lien, and any sum subse-
 quently earned thereon. In no case shall the owner be liable to  pay  by
 reason  of  all  MECHANIC'S liens created pursuant to this article a sum
 greater than the value or  agreed  price  of  the  labor  and  materials
 remaining unpaid, at the time of filing notices of such liens, except as
 hereinafter provided.
   (2)  [Such]  A  MECHANIC'S  OR EMPLOYEE'S lien shall not extend to the
 owner's right, title or interest  in  real  property  and  improvements,
 existing  at  the  time of filing the notice of lien if such lien arises

 A. 9506--A                         73
 
 from the failure of a lessee of the right to explore, develop or produce
 natural gas or oil, to pay for, compensate or render value for  improve-
 ments  made  with  the  consent  or  at  the request of such lessee by a
 contractor,  subcontractor,  materialman,  equipment  operator or owner,
 landscaper, nurseryman, or person or corporation who performs  labor  or
 furnishes  materials  for the exploration, development, or production of
 oil or natural gas or otherwise  improves  such  leased  property.  Such
 MECHANIC'S  OR EMPLOYEE'S lien shall extend to the improvements made for
 the exploration, development and production of oil and natural gas,  and
 the  working  interest held by a lessee of the right to explore, develop
 or produce oil and natural gas.
   § 4. The opening paragraph of section 4-a of the lien law, as  amended
 by chapter 696 of the laws of 1959, is amended to read as follows:
   The  proceeds  of  any  insurance which by the terms of the policy are
 payable to the owner of real property improved, and actually received or
 to be received by him because of the destruction or removal by  fire  or
 other  casualty  of an improvement on which lienors have performed labor
 or services or for which they have furnished materials, OR UPON WHICH AN
 EMPLOYEE HAS ESTABLISHED AN EMPLOYEE'S LIEN, shall after the  owner  has
 been  reimbursed  therefrom  for  premiums paid by him, if any, for such
 insurance, be subject to liens provided by this act to the  same  extent
 and  in  the same order of priority as the real property would have been
 had such improvement not been so destroyed or removed.
   § 5. Subdivisions 1, 2 and 5 of section 9 of the lien law, as  amended
 by chapter 515 of the laws of 1929, are amended to read as follows:
   1.  The  name OF THE LIENOR, and EITHER THE residence of the lienor OR
 THE NAME AND BUSINESS ADDRESS OF THE LIENOR'S ATTORNEY, IF ANY;  and  if
 the  lienor  is  a partnership or a corporation, the business address of
 such firm, or corporation, the names of partners and principal place  of
 business,  and if a foreign corporation, its principal place of business
 within the state.
   2. The name of the owner of the [real] property against whose interest
 therein a lien is claimed, and the interest of the owner as far as known
 to the lienor.
   5. The amount unpaid to the lienor for such labor or materials, OR THE
 AMOUNT OF THE WAGE CLAIM IF A WAGE CLAIM IS THE BASIS FOR  ESTABLISHMENT
 OF  THE  LIEN,  THE  ITEMS OF THE WAGE CLAIM AND THE VALUE THEREOF WHICH
 MAKE UP THE AMOUNT FOR WHICH THE LIENOR CLAIMS A LIEN.
   § 6. Subdivision 1 of section 10 of the lien law, as amended by  chap-
 ter 367 of the laws of 2011, is amended to read as follows:
   1.  (A)  Notice of MECHANIC'S lien may be filed at any time during the
 progress of the work and the furnishing of  the  materials,  or,  within
 eight months after the completion of the contract, or the final perform-
 ance  of the work, or the final furnishing of the materials, dating from
 the last item of work performed or materials furnished; provided, howev-
 er, that where the improvement is related to real property  improved  or
 to  be  improved with a single family dwelling, the notice of MECHANIC'S
 lien may be filed at any time during the progress of the  work  and  the
 furnishing of the materials, or, within four months after the completion
 of  the  contract,  or  the  final performance of the work, or the final
 furnishing of the materials, dating from the last item of work performed
 or materials furnished; and provided further where the notice of MECHAN-
 IC'S lien is for retainage, the notice of MECHANIC'S lien may  be  filed
 within  ninety days after the date the retainage was due to be released;
 except that in the case of a MECHANIC'S lien by a  real  estate  broker,
 the notice of MECHANIC'S lien may be filed only after the performance of

 A. 9506--A                         74
 
 the  brokerage services and execution of lease by both lessor and lessee
 and only if a copy of the alleged written  agreement  of  employment  or
 compensation  is  annexed to the notice of lien, provided that where the
 payment  pursuant to the written agreement of employment or compensation
 is to be made in installments, then a notice of lien may be filed within
 eight months after the final payment is due, but in no event later  than
 a date five years after the first payment was made. For purposes of this
 section,  the term "single family dwelling" shall not include a dwelling
 unit which is a part of a subdivision that has been filed with a munici-
 pality in which the subdivision is located when at the time the lien  is
 filed,  such  property  in the subdivision is owned by the developer for
 purposes other  than  his  personal  residence.  For  purposes  of  this
 section,  "developer"  shall  mean  and  include any private individual,
 partnership, trust or corporation which improves two or more parcels  of
 real  property  with single family dwellings pursuant to a common scheme
 or plan. [The]
   (B) NOTICE OF EMPLOYEE'S LIEN MAY BE FILED AT ANY TIME NOT LATER  THAN
 THREE  YEARS FOLLOWING THE END OF THE EMPLOYMENT GIVING RISE TO THE WAGE
 CLAIM.
   (C) A notice of lien, OTHER THAN FOR A LIEN ON PERSONAL PROPERTY, must
 be filed in the clerk's office of the county where the property is situ-
 ated. If such property is situated in two or more counties,  the  notice
 of  lien shall be filed in the office of the clerk of each of such coun-
 ties. The county clerk of each county shall provide and keep a  book  to
 be  called  the  "lien docket," which shall be suitably ruled in columns
 headed "owners," "lienors," "lienor's attorney,"  "property,"  "amount,"
 "time of filing," "proceedings had," in each of which he shall enter the
 particulars  of  the  notice, properly belonging therein. The date, hour
 and minute of the filing of each notice of lien shall be entered in  the
 proper  column.  Except  where the county clerk maintains a block index,
 the names of the owners shall be arranged in such book  in  alphabetical
 order.  The  validity of the lien and the right to file a notice thereof
 shall not be affected by the death of the owner  before  notice  of  the
 lien is filed.  A NOTICE OF EMPLOYEE'S LIEN ON PERSONAL PROPERTY MUST BE
 FILED,  TOGETHER WITH A FINANCING STATEMENT, IN THE FILING OFFICE AS SET
 FORTH IN SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.
   § 7. Section 11 of the lien law, as amended by chapter 147 of the laws
 of 1996, is amended to read as follows:
   § 11. Service of copy of notice of lien.  1. Within five  days  before
 or  thirty days after filing the notice of A MECHANIC'S lien, the lienor
 shall serve a copy of such notice upon the owner, if a  natural  person,
 (a)  by delivering the same to him personally, or if the owner cannot be
 found, to his agent or attorney, or (b) by leaving it at his last  known
 place  of  residence  in  the city or town in which the real property or
 some part thereof is  situated,  with  a  person  of  suitable  age  and
 discretion, or (c) by registered or certified mail addressed to his last
 known  place of residence, or (d) if such owner has no such residence in
 such city or town, or cannot be found, and he has no agent or  attorney,
 by  affixing  a copy thereof conspicuously on such property, between the
 hours of nine o'clock in the forenoon and four o'clock in the afternoon;
 if the owner be a corporation, said service shall be made (i) by  deliv-
 ering  such copy to and leaving the same with the president, vice-presi-
 dent, secretary or clerk to the corporation, the cashier, treasurer or a
 director or managing agent thereof, personally,  within  the  state,  or
 (ii) if such officer cannot be found within the state by affixing a copy
 thereof conspicuously on such property between the hours of nine o'clock

 A. 9506--A                         75
 
 in  the  forenoon  and four o'clock in the afternoon, or (iii) by regis-
 tered or certified mail addressed to its last known place  of  business.
 Failure  to  file  proof  of such a service with the county clerk within
 thirty-five  days  after the notice of lien is filed shall terminate the
 notice as a lien. Until service of the notice has been  made,  as  above
 provided, an owner, without knowledge of the lien, shall be protected in
 any  payment made in good faith to any contractor or other person claim-
 ing a lien.
   2. WITHIN FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE  NOTICE  OF
 AN  EMPLOYEE'S  LIEN,  THE LIENOR SHALL SERVE A COPY OF SUCH NOTICE UPON
 THE EMPLOYER, IF A NATURAL PERSON, (A) BY DELIVERING  THE  SAME  TO  HIM
 PERSONALLY,  OR  IF THE EMPLOYER CANNOT BE FOUND, TO HIS AGENT OR ATTOR-
 NEY, OR (B) BY LEAVING IT AS HIS LAST KNOWN PLACE OF RESIDENCE OR  BUSI-
 NESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED
 OR  CERTIFIED  MAIL  ADDRESSED  TO  HIS LAST KNOWN PLACE OF RESIDENCE OR
 BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROPERTY, BY AFFIXING A COPY
 THEREOF CONSPICUOUSLY ON  SUCH  PROPERTY,  BETWEEN  THE  HOURS  OF  NINE
 O'CLOCK  IN  THE  FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. THE LIENOR
 ALSO SHALL, WITHIN THIRTY DAYS AFTER FILING  THE  NOTICE  OF  EMPLOYEE'S
 LIEN, AFFIX A COPY THEREOF CONSPICUOUSLY ON THE REAL PROPERTY IDENTIFIED
 IN  THE  NOTICE OF EMPLOYEE'S LIEN, BETWEEN THE HOURS OF NINE O'CLOCK IN
 THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. IF  THE  EMPLOYER  BE  A
 CORPORATION,  SAID  SERVICE SHALL BE MADE (I) BY DELIVERING SUCH COPY TO
 AND LEAVING THE SAME WITH THE PRESIDENT,  VICE-PRESIDENT,  SECRETARY  OR
 CLERK TO THE CORPORATION, THE CASHIER, TREASURER OR A DIRECTOR OR MANAG-
 ING AGENT THEREOF, PERSONALLY, WITHIN THE STATE, OR (II) IF SUCH OFFICER
 CANNOT BE FOUND WITHIN THE STATE BY AFFIXING A COPY THEREOF CONSPICUOUS-
 LY  ON  SUCH  PROPERTY BETWEEN THE HOURS OF NINE O'CLOCK IN THE FORENOON
 AND FOUR O'CLOCK IN THE AFTERNOON, OR (III) BY REGISTERED  OR  CERTIFIED
 MAIL  ADDRESSED TO ITS LAST KNOWN PLACE OF BUSINESS, OR (IV) BY DELIVERY
 TO THE SECRETARY OF THE DEPARTMENT  OF  STATE  IN  THE  SAME  MANNER  AS
 REQUIRED  BY  SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION THREE HUNDRED
 SIX OF THE BUSINESS CORPORATION LAW.  FAILURE TO FILE PROOF  OF  SUCH  A
 SERVICE  WITH  THE COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER THE NOTICE
 OF LIEN IS FILED SHALL TERMINATE THE NOTICE AS A LIEN. UNTIL SERVICE  OF
 THE NOTICE HAS BEEN MADE, AS ABOVE PROVIDED, AN OWNER, WITHOUT KNOWLEDGE
 OF THE LIEN, SHALL BE PROTECTED IN ANY PAYMENT MADE IN GOOD FAITH TO ANY
 OTHER PERSON CLAIMING A LIEN.
   §  8.  Section  11-b of the lien law, as amended by chapter 147 of the
 laws of 1996, is amended to read as follows:
   § 11-b. Copy of notice of MECHANIC'S lien to a contractor  or  subcon-
 tractor.    Within five days before or thirty days after filing a notice
 of MECHANIC'S lien in accordance with section ten of this chapter or the
 filing of an amendment of notice of MECHANIC'S lien in  accordance  with
 section twelve-a of this [chapter] ARTICLE the lienor shall serve a copy
 of such notice or amendment by certified mail on the contractor, subcon-
 tractor, assignee or legal representative for whom he was employed or to
 whom  he furnished materials or if the lienor is a contractor or subcon-
 tractor to the person, firm or corporation with whom  the  contract  was
 made.  A  lienor having a direct contractual relationship with a subcon-
 tractor or a sub-subcontractor but not  with  a  contractor  shall  also
 serve  a  copy  of  such  notice  or  amendment by certified mail to the
 contractor. Failure to file proof of such  a  service  with  the  county
 clerk  within  thirty-five  days after the notice of lien is filed shall
 terminate the notice as a lien. Any lienor, or a person acting on behalf
 of a lienor, who fails to serve a copy of the notice of MECHANIC'S  lien

 A. 9506--A                         76
 
 as  required  by  this section shall be liable for reasonable attorney's
 fees, costs and expenses,  as  determined  by  the  court,  incurred  in
 obtaining such copy.
   §  9.  Subdivision  1  of  section 12-a of the lien law, as amended by
 chapter 1048 of the laws of 1971, is amended to read as follows:
   1. Within sixty days after the original filing, a lienor may amend his
 lien upon twenty days notice to existing  lienors,  mortgagees  and  the
 owner,  provided  that  no action or proceeding to enforce or cancel the
 mechanics' lien OR EMPLOYEE'S LIEN has  been  brought  in  the  interim,
 where  the purpose of the amendment is to reduce the amount of the lien,
 except the question of wilful exaggeration shall survive such amendment.
   § 10. Subdivision 1 of section 13 of the lien law, as amended by chap-
 ter 878 of the laws of 1947, is amended to read as follows:
   (1) [A] AN EMPLOYEE'S LIEN, OR A lien for materials furnished or labor
 performed in the improvement of real property, shall have priority  over
 a  conveyance,  mortgage,  judgment or other claim against such property
 not recorded, docketed or filed at the time of the filing of the  notice
 of  such  lien,  except  as  hereinafter  in this chapter provided; over
 advances made upon any mortgage or other encumbrance thereon after  such
 filing,  except  as  hereinafter  in this article provided; and over the
 claim of a creditor who has not furnished materials or  performed  labor
 upon such property, if such property has been assigned by the owner by a
 general  assignment  for  the  benefit  of creditors, within thirty days
 before the filing of either of such notices; and also over an attachment
 hereafter issued or a money judgment hereafter recovered upon  a  claim,
 which,  in  whole  or  in  part,  was not for materials furnished, labor
 performed or moneys advanced for the improvement of such real  property;
 and  over  any claim or lien acquired in any proceedings upon such judg-
 ment. Such liens shall also have priority  over  advances  made  upon  a
 contract  by an owner for an improvement of real property which contains
 an option to the contractor, his successor or assigns  to  purchase  the
 property, if such advances were made after the time when the labor began
 or  the first item of material was furnished, as stated in the notice of
 lien. If several buildings are demolished, erected, altered or repaired,
 or several pieces or parcels of real property are  improved,  under  one
 contract,  and  there  are  conflicting liens thereon, each lienor shall
 have priority upon the particular part of the real property or upon  the
 particular  building  or  premises  where  his labor is performed or his
 materials are used. Persons shall have no priority  on  account  of  the
 time of filing their respective notices of liens, but all liens shall be
 on  a  parity except as hereinafter in section fifty-six of this chapter
 provided; and except that in all cases  laborers  for  daily  or  weekly
 wages  WITH  A  MECHANIC'S  LIEN, AND EMPLOYEES WITH AN EMPLOYEE'S LIEN,
 shall have preference over all other claimants under this article.
   § 11. Section 17 of the lien law, as amended by  chapter  324  of  the
 laws of 2000, is amended to read as follows:
   §  17.  Duration  of lien. 1. (A) No MECHANIC'S lien specified in this
 article shall be a lien for a longer period  than  one  year  after  the
 notice  of  lien  has  been  filed, unless within that time an action is
 commenced to foreclose the lien, and a notice of the  pendency  of  such
 action,  whether  in  a  court of record or in a court not of record, is
 filed with the county clerk of the county in which the notice of lien is
 filed, containing the names of the parties to the action, the object  of
 the  action,  a brief description of the real property affected thereby,
 and the time of filing the notice of lien; or  unless  an  extension  to
 such lien, except for a lien on real property improved or to be improved

 A. 9506--A                         77
 
 with  a  single  family  dwelling, is filed with the county clerk of the
 county in which the notice of lien is filed within  one  year  from  the
 filing  of  the  original  notice of lien, continuing such lien and such
 lien  shall  be redocketed as of the date of filing such extension. Such
 extension shall contain the names of the lienor and  the  owner  of  the
 real  property  against  whose  interest therein such lien is claimed, a
 brief description of the real property affected by such lien, the amount
 of such lien, and the date of filing the notice of lien. No  lien  shall
 be  continued  by  such extension for more than one year from the filing
 thereof. In the event an action is not commenced to foreclose  the  lien
 within  such  extended period, such lien shall be extinguished unless an
 order be granted by a court of record or a  judge  or  justice  thereof,
 continuing  such  lien, and such lien shall be redocketed as of the date
 of granting such order and a statement made that such lien is  continued
 by  virtue  of  such  order.  A  lien on real property improved or to be
 improved with a single family dwelling may only be extended by an  order
 of  a  court  of record, or a judge or justice thereof. No lien shall be
 continued by court order for more than one year from the granting there-
 of, but a new order and entry may be made  in  each  of  two  successive
 years.  If  a  lienor  is made a party defendant in an action to enforce
 another lien, and the plaintiff or such defendant has filed a notice  of
 the  pendency  of the action within the time prescribed in this section,
 the lien of such defendant is thereby continued. Such  action  shall  be
 deemed an action to enforce the lien of such defendant lienor. The fail-
 ure to file a notice of pendency of action shall not abate the action as
 to any person liable for the payment of the debt specified in the notice
 of  lien,  and  the  action  may  be prosecuted to judgment against such
 person. The provisions of this section in  regard  to  continuing  liens
 shall  apply to liens discharged by deposit or by order on the filing of
 an undertaking. Where a lien is discharged by deposit  or  by  order,  a
 notice of pendency of action shall not be filed.
   (B) A lien, the duration of which has been extended by the filing of a
 notice  of  the pendency of an action as above provided, shall neverthe-
 less terminate as a lien after such notice has been canceled as provided
 in section sixty-five hundred fourteen of the  civil  practice  law  and
 rules  or  has ceased to be effective as constructive notice as provided
 in section sixty-five hundred thirteen of the  civil  practice  law  and
 rules.
   2. (A) NO EMPLOYEE'S LIEN ON REAL PROPERTY SHALL BE A LIEN FOR A LONG-
 ER  PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS BEEN FILED, UNLESS
 AN EXTENSION TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF  THE  COUNTY
 IN  WHICH THE NOTICE OF LIEN IS FILED WITHIN ONE YEAR FROM THE FILING OF
 THE ORIGINAL NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH LIEN SHALL BE
 REDOCKETED AS OF THE DATE OF FILING SUCH EXTENSION. SUCH EXTENSION SHALL
 CONTAIN THE NAMES OF THE LIENOR AND  THE  OWNER  OF  THE  REAL  PROPERTY
 AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION
 OF  THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF SUCH LIEN, AND THE
 DATE OF FILING THE NOTICE OF LIEN.  NO LIEN SHALL BE CONTINUED  BY  SUCH
 EXTENSION  FOR  MORE THAN ONE YEAR FROM THE FILING THEREOF. IN THE EVENT
 AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE  CLAIM  OR  TO
 FORECLOSE  THE  LIEN  WITHIN  SUCH  EXTENDED  PERIOD, SUCH LIEN SHALL BE
 EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A  JUDGE
 OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REDOCK-
 ETED  AS  OF  THE  DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
 SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.

 A. 9506--A                         78
 
   (B) NO EMPLOYEE'S LIEN ON PERSONAL PROPERTY SHALL  BE  A  LIEN  FOR  A
 LONGER  PERIOD  THAN  ONE  YEAR  AFTER  THE FINANCING STATEMENT HAS BEEN
 RECORDED, UNLESS AN EXTENSION TO SUCH LIEN, IS  FILED  WITH  THE  FILING
 OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT
 TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE
 FILING  OF  THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH LIEN. SUCH
 EXTENSION SHALL CONTAIN THE NAMES OF THE LIENOR AND  THE  OWNER  OF  THE
 PROPERTY  AGAINST  WHOSE  INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF
 DESCRIPTION OF THE PRIOR FINANCING STATEMENT TO  BE  EXTENDED,  AND  THE
 DATE  OF FILING THE PRIOR FINANCING STATEMENT.  NO LIEN SHALL BE CONTIN-
 UED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN
 THE EVENT AN ACTION IS NOT COMMENCED TO  OBTAIN  JUDGMENT  ON  THE  WAGE
 CLAIM  OR  TO  FORECLOSE THE LIEN WITHIN SUCH EXTENDED PERIOD, SUCH LIEN
 SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR
 A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE
 REFILED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE  THAT
 SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
   (C)  IF  A  LIENOR  IS  MADE A PARTY DEFENDANT IN AN ACTION TO ENFORCE
 ANOTHER LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE  OF
 THE  PENDENCY  OF THE ACTION WITHIN THE TIME PRESCRIBED IN THIS SECTION,
 THE LIEN OF SUCH DEFENDANT IS THEREBY CONTINUED. SUCH  ACTION  SHALL  BE
 DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL-
 URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS
 TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE
 OF  LIEN,  AND  THE  ACTION  MAY  BE PROSECUTED TO JUDGMENT AGAINST SUCH
 PERSON.  THE PROVISIONS OF THIS SECTION IN REGARD  TO  CONTINUING  LIENS
 SHALL  APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING OF
 AN UNDERTAKING. WHERE A LIEN IS DISCHARGED BY DEPOSIT  OR  BY  ORDER,  A
 NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED.
   (D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE
 ACTION  OR  AN  ACTION TO OBTAIN A JUDGMENT ON THE WAGE CLAIM WITHIN ONE
 YEAR FROM THE FILING OF THE NOTICE OF  LIEN  ON  REAL  PROPERTY  OR  THE
 RECORDING OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY,
 THE LIEN SHALL BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE
 HUNDRED  TWENTY  DAYS  FOLLOWING  THE  ENTRY  OF  FINAL JUDGMENT IN SUCH
 ACTION, UNLESS THE ACTION RESULTS IN A FINAL JUDGMENT OR  ADMINISTRATIVE
 ORDER  IN THE LIENOR'S FAVOR ON THE WAGE CLAIMS AND THE LIENOR COMMENCES
 A FORECLOSURE ACTION, IN WHICH INSTANCE THE LIEN SHALL BE  VALID  DURING
 THE PENDENCY OF THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE
 PENDENCY  OF  A  FORECLOSURE ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON
 THE WAGE CLAIM, THE LIENOR SHALL FILE A  NOTICE  OF  SUCH  PENDENCY  AND
 EXTENSION  WITH  THE  COUNTY  CLERK OF THE COUNTY IN WHICH THE NOTICE OF
 LIEN IS FILED, CONTAINING THE NAMES OF THE PARTIES TO  THE  ACTION,  THE
 OBJECT  OF  THE  ACTION,  A  BRIEF  DESCRIPTION OF THE PROPERTY AFFECTED
 THEREBY, AND THE TIME OF FILING THE NOTICE OF LIEN, OR IN THE CASE OF  A
 LIEN ON PERSONAL PROPERTY SHALL FILE SUCH NOTICE WITH THE OFFICE AUTHOR-
 IZED  TO  ACCEPT  FINANCING  STATEMENTS PURSUANT TO SECTION 9-501 OF THE
 UNIFORM COMMERCIAL CODE. FOR PURPOSES OF  THIS  SECTION,  AN  ACTION  TO
 OBTAIN  JUDGMENT ON A WAGE CLAIM INCLUDES AN ACTION BROUGHT IN ANY COURT
 OF COMPETENT JURISDICTION, THE SUBMISSION OF A COMPLAINT TO THE  DEPART-
 MENT OF LABOR OR THE SUBMISSION OF A CLAIM TO ARBITRATION PURSUANT TO AN
 ARBITRATION  AGREEMENT. AN ACTION ALSO INCLUDES AN INVESTIGATION OF WAGE
 CLAIMS BY THE COMMISSIONER OF LABOR OR THE ATTORNEY GENERAL OF THE STATE
 OF NEW YORK, REGARDLESS OF WHETHER SUCH INVESTIGATION WAS INITIATED BY A
 COMPLAINT.

 A. 9506--A                         79
 
   (E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A
 NOTICE OF THE PENDENCY OF AN ACTION AS ABOVE PROVIDED,  SHALL  NEVERTHE-
 LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED
 IN  SECTION  SIXTY-FIVE  HUNDRED  FOURTEEN OF THE CIVIL PRACTICE LAW AND
 RULES  OR  HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE AS PROVIDED
 IN SECTION SIXTY-FIVE HUNDRED THIRTEEN OF THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   §  12. Subdivisions 2 and 4 of section 19 of the lien law, subdivision
 2 as amended by chapter 310 of the laws of 1962, subdivision 4 as  added
 by  chapter  582 of the laws of 2002 and paragraph a of subdivision 4 as
 further amended by section 104 of part A of chapter 62 of  the  laws  of
 2011, are amended to read as follows:
   (2)  By failure to begin an action to foreclose such lien or to secure
 an order continuing it, within one year from  the  time  of  filing  the
 notice  of lien, unless (I) an action be begun within the same period to
 foreclose a mortgage or another mechanic's lien upon the  same  property
 or  any  part  thereof  and a notice of pendency of such action is filed
 according to law, OR (II) AN ACTION IS COMMENCED TO OBTAIN A JUDGMENT ON
 A WAGE CLAIM PURSUANT TO SUBDIVISION TWO OF SECTION  SEVENTEEN  OF  THIS
 ARTICLE,  but  a  lien,  the  duration of which has been extended by the
 filing of a notice of the pendency of  an  action  as  herein  provided,
 shall  nevertheless  terminate  as  a  lien  after  such notice has been
 cancelled or has ceased to be effective as constructive notice.
   (4) Either before or after the beginning of an action by the EMPLOYER,
 owner or contractor executing a bond or undertaking in an  amount  equal
 to  one  hundred ten percent of such lien conditioned for the payment of
 any judgment which may be rendered against the property OR EMPLOYER  for
 the enforcement of the lien:
   a.  The  execution  of any such bond or undertaking by any fidelity or
 surety company authorized by the laws of this state  to  transact  busi-
 ness,  shall be sufficient; and where a certificate of qualification has
 been issued by  the  superintendent  of  financial  services  under  the
 provisions  of  section one thousand one hundred eleven of the insurance
 law, and has not been revoked, no justification or notice thereof  shall
 be  necessary. Any such company may execute any such bond or undertaking
 as surety by the hand of its  officers,  or  attorney,  duly  authorized
 thereto  by  resolution  of  its board of directors, a certified copy of
 which resolution, under the seal of said company, shall  be  filed  with
 each  bond  or  undertaking. Any such bond or undertaking shall be filed
 with the clerk of the county in which the notice of lien is filed, and a
 copy shall be served upon the adverse party. The undertaking  is  effec-
 tive  when so served and filed. If a certificate of qualification issued
 pursuant to subsections (b), (c) and (d) of  section  one  thousand  one
 hundred eleven of the insurance law is not filed with the undertaking, a
 party may except, to the sufficiency of a surety and by a written notice
 of  exception  served  upon  the  adverse  party  within  ten days after
 receipt, a copy of the undertaking. Exceptions deemed by  the  court  to
 have  been  taken  unnecessarily,  or  for  vexation or delay, may, upon
 notice, be set aside, with costs. Where  no  exception  to  sureties  is
 taken  within  ten  days  or  where  exceptions taken are set aside, the
 undertaking shall be allowed.
   b. In the case of bonds or undertakings not executed pursuant to para-
 graph a of this subdivision, the EMPLOYER,  owner  or  contractor  shall
 execute  an  undertaking with two or more sufficient sureties, who shall
 be free holders, to the clerk of the county where the premises are situ-
 ated. The sureties must together justify in  at  least  double  the  sum

 A. 9506--A                         80
 
 named  in  the  undertaking. A copy of the undertaking, with notice that
 the sureties will justify before the court, or a judge or justice there-
 of, at the time and place therein mentioned, must  be  served  upon  the
 lienor  or  his attorney, not less than five days before such time. Upon
 the approval of the undertaking by the court, judge or justice an  order
 shall be made by such court, judge or justice discharging such lien.
   c.  If  the  lienor  cannot  be found, or does not appear by attorney,
 service under this subsection may be made by  leaving  a  copy  of  such
 undertaking  and  notice  at  the  lienor's  place of residence, or if a
 corporation at its principal place of business within the state as stat-
 ed in the notice of lien, with a person of suitable age  and  discretion
 therein,  or  if  the house of his abode or its place of business is not
 stated in said notice of lien and is not known, then in such  manner  as
 the  court  may direct. The premises, if any, described in the notice of
 lien as the lienor's residence or place of business shall be  deemed  to
 be  his said residence or its place of business for the purposes of said
 service at the time thereof, unless it is shown affirmatively  that  the
 person  servicing  the  papers or directing the service had knowledge to
 the contrary. Notwithstanding the other provisions of  this  subdivision
 relating  to service of notice, in any case where the mailing address of
 the lienor is outside the state such service may be made  by  registered
 or certified mail, return receipt requested, to such lienor at the mail-
 ing address contained in the notice of lien.
   d. Except as otherwise provided in this subdivision, the provisions of
 article  twenty-five  of  the  civil  practice  law and rules regulating
 undertakings is applicable to  a  bond  or  undertaking  given  for  the
 discharge  of a lien on account of private improvements OR OF AN EMPLOY-
 EE'S LIEN.
   § 13. Section 24 of the lien law, as amended by  chapter  515  of  the
 laws of 1929, is amended to read as follows:
   §  24.  Enforcement  of  [mechanic's]  lien.  (1)  REAL  PROPERTY. The
 [mechanics'] liens ON REAL PROPERTY specified in  this  article  may  be
 enforced  against the property specified in the notice of lien and which
 is subject thereto and against any person liable for the debt upon which
 the lien is founded, as prescribed in article three of this chapter.
   (2) PERSONAL PROPERTY. AN EMPLOYEE'S LIEN ON PERSONAL PROPERTY  SPECI-
 FIED  IN  THIS  ARTICLE MAY IMMEDIATELY BE ENFORCED AGAINST THE PROPERTY
 THROUGH A FORECLOSURE AS PRESCRIBED  IN  ARTICLE  NINE  OF  THE  UNIFORM
 COMMERCIAL CODE, OR UPON JUDGMENT OBTAINED BY THE EMPLOYEE, COMMISSIONER
 OF  LABOR  OR ATTORNEY GENERAL OF THE STATE OF NEW YORK, MAY BE ENFORCED
 IN ANY MANNER AVAILABLE TO THE JUDGMENT  CREDITOR  PURSUANT  TO  ARTICLE
 NINE OF THE UNIFORM COMMERCIAL CODE OR OTHER APPLICABLE LAWS.
   §  14.  Section  26  of the lien law, as amended by chapter 373 of the
 laws of 1977, is amended to read as follows:
   § 26. Subordination of liens after agreement with owner.  In  case  an
 owner of real property shall execute to one or more persons, or a corpo-
 ration,  as trustee or trustees, a bond and mortgage or a note and mort-
 gage affecting such property in whole or in part, or  an  assignment  of
 the  moneys due or to become due under a contract for a building loan in
 relation to such property, and in case such mortgage, if any,  shall  be
 recorded  in  the  office  of the register of the county where such real
 property is situated, or if such county has  no  register  then  in  the
 office of the clerk of such county, and in case such assignment, if any,
 shall  be filed in the office of the clerk of the county where such real
 property is situated; and in  case  lienors  having  [mechanics']  liens
 against  said  real property, notices of which have been filed up to and

 A. 9506--A                         81
 
 not later than fifteen days after the recording of such mortgage or  the
 filing  of  such assignment, and which liens have not been discharged as
 in this article provided, shall, to the extent of  at  least  fifty-five
 per  centum of the aggregate amount for which such notices of liens have
 been so filed, approve such bond and mortgage or such note and mortgage,
 if any, and such assignment, if any, by an instrument or instruments  in
 writing, duly acknowledged and filed in the office of such county clerk,
 then  all  mechanics'  liens  for  labor performed or material furnished
 prior to the recording of such mortgage or filing  of  such  assignment,
 whether  notices  thereof  have been theretofore or are thereafter filed
 and which have not been discharged as in this article provided, shall be
 subordinate to the lien of such trust bond and mortgage  or  such  trust
 note  and  mortgage to the extent of the aggregate amount of all certif-
 icates of interest therein issued by such trustee or trustees, or  their
 successors,  for moneys loaned, materials furnished, labor performed and
 any other indebtedness incurred after said  trust  mortgage  shall  have
 been  recorded, and for expenses in connection with said trust mortgage,
 and shall also be subordinate to the lien of the bond  and  mortgage  or
 note  and  mortgage,  given  to  secure the amount agreed to be advanced
 under such contract for a building loan to  the  extent  of  the  amount
 which  shall be advanced by the holder of such bond and mortgage or such
 note and mortgage to the trustee or trustees, or their successors, under
 such assignment. The provisions of this section shall apply to all bonds
 and mortgages and notes and mortgages and all assignments of moneys due,
 or to become due under building loan contracts executed by  such  owner,
 in like manner, and recorded or filed, from time to time as hereinbefore
 provided.  In  case of an assignment to trustees under the provisions of
 this section, the trustees and their successors shall be the  agents  of
 the assignor to receive and receipt for any and all sums advanced by the
 holder  of the building loan bond and mortgage or the building loan note
 and mortgage under the building loan contract and  such  assignment.  No
 lienor  shall  have  any priority over the bond and mortgage or note and
 mortgage given to secure the money agreed to be advanced under a  build-
 ing loan contract or over the advances made thereunder, by reason of any
 act preceding the making and approval of such assignment.
   §  15.  Section  38  of the lien law, as amended by chapter 859 of the
 laws of 1930, is amended to read as follows:
   § 38. Itemized statement may be required of lienor. A lienor  who  has
 filed  a  notice of MECHANIC'S lien shall, on demand in writing, deliver
 to the owner or contractor making such demand  a  statement  in  writing
 which  shall  set forth the items of labor and/or material and the value
 thereof which make up the amount for which he claims a lien,  and  which
 shall  also  set  forth the terms of the contract under which such items
 were furnished.  The statement shall be verified by the  lienor  or  his
 agent  in  the  form required for the verification of notices in section
 nine of this [chapter] ARTICLE. If the lienor shall fail to comply  with
 such  a  demand  within five days after the same shall have been made by
 the owner or contractor, or  if  the  lienor  delivers  an  insufficient
 statement,  the  person aggrieved may petition the supreme court of this
 state or any justice thereof, or the county court of  the  county  where
 the  premises  are  situated,  or the county judge of such county for an
 order directing the lienor within a  time  specified  in  the  order  to
 deliver  to  the  petitioner the statement required by this section. Two
 days' notice in writing of such application shall  be  served  upon  the
 lienor. Such service shall be made in the manner provided by law for the
 personal  service  of a summons. The court or a justice or judge thereof

 A. 9506--A                         82
 
 shall hear the parties and upon being  satisfied  that  the  lienor  has
 failed,  neglected  or  refused  to comply with the requirements of this
 section shall have an appropriate order directing  such  compliance.  In
 case  the  lienor fails to comply with the order so made within the time
 specified, then upon five days' notice to  the  lienor,  served  in  the
 manner  provided by law for the personal service of a summons, the court
 or a justice or judge thereof may make an order cancelling the lien.
   § 16. Section 39 of the lien law, as added by chapter 859 of the  laws
 of 1930, is amended to read as follows:
   §  39.  Lien wilfully exaggerated is void. In any action or proceeding
 to enforce a [mechanic's] lien upon a private or public  improvement  or
 in  which  the validity of the lien is an issue, if the court shall find
 that a lienor has wilfully exaggerated the amount for which he claims  a
 lien  as  stated in his notice of lien, his lien shall be declared to be
 void and no recovery shall be had thereon. No such lienor shall  have  a
 right  to file any other or further lien for the same claim. A second or
 subsequent lien filed in contravention of this section  may  be  vacated
 upon application to the court on two days' notice.
   §  17.  Section  40  of the lien law, as amended by chapter 515 of the
 laws of 1929, is amended to read as follows:
   § 40. Construction of article. This article  is  to  be  construed  in
 connection  with  article  two of this chapter, and provides proceedings
 for the enforcement of EMPLOYEE'S LIENS ON REAL  PROPERTY,  AS  WELL  AS
 liens  for labor performed and materials furnished in the improvement of
 real property, created by virtue of such article.
   § 18. Section 41 of the lien law, as amended by  chapter  807  of  the
 laws of 1952, is amended to read as follows:
   § 41. Enforcement of mechanic's OR EMPLOYEE'S lien on real property. A
 mechanic's  lien  OR  EMPLOYEE'S  LIEN  on real property may be enforced
 against such property, and against a person liable  for  the  debt  upon
 which  the lien is founded, by an action, by the lienor, his assignee or
 legal representative, in the supreme court or in a county  court  other-
 wise having jurisdiction, regardless of the amount of such debt, or in a
 court  which  has  jurisdiction in an action founded on a contract for a
 sum of money equivalent to the amount of such debt.
   § 19. Section 43 of the lien law, as amended by  chapter  310  of  the
 laws of 1962, is amended to read as follows:
   §  43.  Action  in  a  court  of record; consolidation of actions. The
 provisions of the real property actions and proceedings law relating  to
 actions  for  the  foreclosure of a mortgage upon real property, and the
 sale and the distribution of the proceeds thereof apply to actions in  a
 court  of  record,  to  enforce mechanics' liens AND EMPLOYEES' LIENS on
 real property, except as otherwise provided in this article. If  actions
 are  brought  by  different  lienors  in a court of record, the court in
 which the first action was brought, may, upon its own  motion,  or  upon
 the  application of any party in any of such actions, consolidate all of
 such actions.
   § 20. Section 46 of the lien law, as amended by  chapter  515  of  the
 laws of 1929, is amended to read as follows:
   §  46.  Action  in  a  court  not of record. If an action to enforce a
 mechanic's lien OR EMPLOYEE'S LIEN against real property is brought in a
 court not of record, it shall be commenced by the personal service  upon
 the  owner  of  a summons and complaint verified in the same manner as a
 complaint in an action in a court of  record.  The  complaint  must  set
 forth  substantially  the facts contained in the notice of lien, and the
 substance of the agreement under which the labor was  performed  or  the

 A. 9506--A                         83
 
 materials  were  furnished, OR IF THE LIEN IS BASED UPON A WAGE CLAIM AS
 DEFINED IN SECTION TWO OF THIS CHAPTER, THE BASIS FOR SUCH  WAGE  CLAIM.
 The  form  and  contents of the summons shall be the same as provided by
 law for the commencement of an action upon a contract in such court. The
 summons  must  be  returnable  not less than twelve nor more than twenty
 days after the date of the summons, or if service is  made  by  publica-
 tion,  after  the  day  of the last publication of the summons.  Service
 must be made at least eight days before the return day.
   § 21. Section 50 of the lien law, as amended by  chapter  515  of  the
 laws of 1929, is amended to read as follows:
   §  50.  Execution. Execution may be issued upon a judgment obtained in
 an action to enforce a mechanic's lien OR  AN  EMPLOYEE'S  LIEN  against
 real  property  in a court not of record, which shall direct the officer
 to sell the title and interest of the owner in the premises, upon  which
 the  lien  set  forth in the complaint existed at the time of filing the
 notice of lien.
   § 22. Section 53 of the lien law, as amended by  chapter  515  of  the
 laws of 1929, is amended to read as follows:
   §  53.  Costs  and disbursements. If an action is brought to enforce a
 mechanic's lien OR AN EMPLOYEE'S LIEN against real property in  a  court
 of  record,  the costs and disbursements shall rest in the discretion of
 the court, and may be awarded to  the  prevailing  party.  The  judgment
 rendered  in  such  an action shall include the amount of such costs and
 specify to whom and by whom the costs are to be paid. If such action  is
 brought  in  a court not of record, they shall be the same as allowed in
 civil actions in such  court.  The  expenses  incurred  in  serving  the
 summons  by  publication may be added to the amount of costs now allowed
 in such court.
   § 23. Section 59 of the lien law, as amended by  chapter  515  of  the
 laws of 1929, is amended to read as follows:
   § 59. Vacating of a [mechanic's] lien; cancellation of bond; return of
 deposit,  by  order  of  court. 1. A mechanic's lien notice of which has
 been filed on real property or a bond given to discharge the same may be
 vacated and cancelled or a deposit made to discharge a lien pursuant  to
 section  twenty  OF THIS CHAPTER may be returned, by an order of a court
 of record. Before such order shall be granted, a notice shall be  served
 upon  the  lienor,  either personally or by leaving it as his last known
 place of residence, with a person of suitable age,  with  directions  to
 deliver  it  to  the  lienor.  Such  notice  shall require the lienor to
 commence an action to enforce the lien, within a time specified  in  the
 notice,  not  less  than  thirty  days from the time of service, or show
 cause at a special term of a court of record, or at a county court, in a
 county in which the property is situated, at a time and place  specified
 therein,  why  the  notice of lien filed or the bond given should not be
 vacated and cancelled, or the deposit returned,  as  the  case  may  be.
 Proof  of  such service and that the lienor has not commenced the action
 to foreclose such lien, as directed in the  notice,  shall  be  made  by
 affidavit, at the time of applying for such order.
   2.  AN EMPLOYEE'S LIEN NOTICE OF WHICH HAS BEEN FILED ON REAL PROPERTY
 OR A BOND GIVEN TO DISCHARGE THE SAME MAY BE VACATED AND CANCELLED OR  A
 DEPOSIT  MADE  TO  DISCHARGE  A  LIEN PURSUANT TO SECTION TWENTY OF THIS
 CHAPTER MAY BE RETURNED, BY AN ORDER OF A COURT OF RECORD.  BEFORE  SUCH
 ORDER SHALL BE GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER
 PERSONALLY  OR  BY  LEAVING  IT  AT HIS LAST KNOWN PLACE OF RESIDENCE OR
 ATTORNEY'S PLACE OF BUSINESS,  WITH  A  PERSON  OF  SUITABLE  AGE,  WITH
 DIRECTIONS  TO  DELIVER  IT TO THE LIENOR. SUCH NOTICE SHALL REQUIRE THE

 A. 9506--A                         84
 
 LIENOR TO COMMENCE AN ACTION TO ENFORCE THE  LIEN,  OR  TO  COMMENCE  AN
 ACTION  TO  OBTAIN  JUDGMENT  ON  THE WAGE CLAIM UPON WHICH THE LIEN WAS
 ESTABLISHED, WITHIN A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN NINETY
 DAYS  FROM  THE  TIME  OF  SERVICE, OR SHOW CAUSE AT A SPECIAL TERM OF A
 COURT OF RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY
 IS SITUATED, AT A TIME AND PLACE SPECIFIED THEREIN, WHY  THE  NOTICE  OF
 LIEN FILED OR THE BOND GIVEN SHOULD NOT BE VACATED AND CANCELLED, OR THE
 DEPOSIT RETURNED, AS THE CASE MAY BE. PROOF OF SUCH SERVICE AND THAT THE
 LIENOR  HAS NOT COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN ACTION
 TO OBTAIN JUDGMENT ON THE WAGE CLAIM UPON  WHICH  THE  LIEN  WAS  ESTAB-
 LISHED,  AS  DIRECTED  IN THE NOTICE, SHALL BE MADE BY AFFIDAVIT, AT THE
 TIME OF APPLYING FOR SUCH ORDER.
   § 24. Section 62 of the lien law, as amended by  chapter  697  of  the
 laws of 1934, is amended to read as follows:
   § 62. Bringing in new parties. A lienor who has filed a notice of lien
 after the commencement of an action in a court of record to foreclose or
 enforce AN EMPLOYEE'S LIEN OR a mechanic's lien against real property or
 a  public  improvement,  may  at  any  time  up to and including the day
 preceding the day on which the trial of such action is  commenced,  make
 application upon notice to the plaintiff or his attorney in such action,
 to  be made a party therein. Upon good cause shown, the court must order
 such lienor to be brought in by amendment. If the application is made by
 any other party in said action to make such lienor  or  other  person  a
 party,  the  court  may  in  its  discretion direct such lienor or other
 person to be brought in by like amendment. The order to  be  entered  on
 such  application  shall  provide the time for and manner of serving the
 pleading of such additional lienor or other person and shall direct that
 the pleadings, papers and proceedings of the other  several  parties  in
 such action, shall be deemed amended, so as not to require the making or
 serving  of  papers  other than said order to effectuate such amendment,
 and shall further provide that the allegations in  the  answer  of  such
 additional lienor or other person shall, for the purposes of the action,
 be  deemed  denied  by the other parties therein. The action shall be so
 conducted by the court as not to cause substantially any  delay  in  the
 trial  thereof.    The  bringing  in  of such additional lienor or other
 person shall be without prejudice to the proceedings  had,  and  if  the
 action  be  on the calendar of the court, same shall retain its place on
 such calendar without the necessity of serving a new note of  issue  and
 new notices of trial.
   §  25.  Subdivision 3 of section 199-a of the labor law, as amended by
 chapter 564 of the laws of 2010, is amended to read as follows:
   3. Each employee and his or her  authorized  representative  shall  be
 notified  in  writing, OF THE TERMINATION OF THE COMMISSIONER'S INVESTI-
 GATION OF THE EMPLOYEE'S COMPLAINT AND THE RESULT OF SUCH INVESTIGATION,
 of any award and collection of back wages and civil  penalties,  and  of
 any intent to seek criminal penalties. In the event that criminal penal-
 ties  are  sought  the employee and his or her authorized representative
 shall be notified of the outcome of prosecution.
   § 26. Subdivision 2 of section 663 of the labor  law,  as  amended  by
 chapter 564 of the laws of 2010, is amended to read as follows:
   2.  By commissioner. On behalf of any employee paid less than the wage
 to which the employee is entitled under the provisions of this  article,
 the  commissioner may bring any legal action necessary, including admin-
 istrative action, to collect such  claim,  and  the  employer  shall  be
 required  to  pay  the  full amount of the underpayment, plus costs, and
 unless the employer proves a good faith basis to believe that its under-

 A. 9506--A                         85
 
 payment was in compliance with the law, an additional amount  as  liqui-
 dated damages. Liquidated damages shall be calculated by the commission-
 er  as  no  more  than  one  hundred  percent  of  the  total  amount of
 underpayments found to be due the employee. In any action brought by the
 commissioner  in  a  court of competent jurisdiction, liquidated damages
 shall be calculated as an amount equal to one hundred percent of  under-
 payments  found  to  be  due  the  employee. EACH EMPLOYEE OR HIS OR HER
 AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE OUTCOME OF
 ANY LEGAL ACTION BROUGHT ON  THE  EMPLOYEE'S  BEHALF  PURSUANT  TO  THIS
 SECTION.
   §  27.  Subdivision  5  of  section 6201 of the civil practice law and
 rules, as amended by chapter 860 of the laws of 1977 and  as  renumbered
 by  chapter  618 of the laws of 1992, is amended and a new subdivision 6
 is added to read as follows:
   5. the cause of action is based on a judgment, decree or  order  of  a
 court  of  the  United States or of any other court which is entitled to
 full faith and credit in this state, or on a  judgment  which  qualifies
 for  recognition  under the provisions of article 53[.] OF THIS CHAPTER;
 OR
   6. THE CAUSE OF ACTION IS BASED ON WAGE CLAIMS.  "WAGE  CLAIMS,"  WHEN
 USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
 FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
 THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
 THE  COMMISSIONER  OF  LABOR, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF
 UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY  RETAINED
 GRATUITIES,  UNLAWFUL  DEDUCTIONS FROM WAGES, UNPAID COMMISSIONS, UNPAID
 BENEFITS AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS  PURSUANT
 TO 18 U.S.C. § 1595, 29 U.S.C. § 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
 AS  WELL  AS THE CONCOMITANT LIQUIDATED DAMAGES AND PENALTIES AUTHORIZED
 PURSUANT TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY  EMPLOY-
 MENT CONTRACT.
   §  28.  Section  6210 of the civil practice law and rules, as added by
 chapter 860 of the laws of 1977, is amended to read as follows:
   § 6210. Order of attachment on notice;  temporary  restraining  order;
 contents.  Upon a motion on notice for an order of attachment, the court
 may, without notice to the  defendant,  grant  a  temporary  restraining
 order  prohibiting  the transfer of assets by a garnishee as provided in
 subdivision (b) of section 6214. WHEN ATTACHMENT IS SOUGHT  PURSUANT  TO
 SUBDIVISION  SIX  OF  SECTION  6201,  AND  IF  THE EMPLOYER CONTESTS THE
 MOTION, THE COURT SHALL HOLD A HEARING  WITHIN  TEN  DAYS  OF  WHEN  THE
 EMPLOYER'S  RESPONSE  TO  PLAINTIFFS'  MOTION FOR ATTACHMENT IS DUE. The
 contents of the order of attachment granted  pursuant  to  this  section
 shall be as provided in subdivision (a) of section 6211.
   §  29.  Subdivision  (b) of section 6211 of the civil practice law and
 rules, as amended by chapter 566 of the laws of 1985, is amended to read
 as follows:
   (b) Confirmation of order. Except where  an  order  of  attachment  is
 granted  on  the  ground  specified in subdivision one OR SIX of section
 6201, an order of attachment granted without notice shall  provide  that
 within  a period not to exceed five days after levy, the plaintiff shall
 move, on such notice as the court shall direct  to  the  defendant,  the
 garnishee, if any, and the sheriff, for an order confirming the order of
 attachment.  Where  an  order of attachment without notice is granted on
 the ground specified in subdivision one OR  SIX  of  section  6201,  the
 court shall direct that the statement required by section 6219 be served
 within  five days, that a copy thereof be served upon the plaintiff, and

 A. 9506--A                         86
 
 the plaintiff shall move  within  ten  days  after  levy  for  an  order
 confirming  the  order  of attachment. If the plaintiff upon such motion
 shall show that the statement has not been served and that the plaintiff
 will  be unable to satisfy the requirement of subdivision (b) of section
 6223 until the statement has been served, the court may grant one exten-
 sion of the time to move for confirmation for a period not to exceed ten
 days. If plaintiff fails to make such motion within the required period,
 the order of attachment and any levy thereunder shall  have  no  further
 effect and shall be vacated upon motion. Upon the motion to confirm, the
 provisions  of  subdivision (b) of section 6223 shall apply. An order of
 attachment granted without notice may provide that the  sheriff  refrain
 from  taking  any  property levied upon into his actual custody, pending
 further order of the court.
   § 30. Subdivisions (b) and (e) of rule 6212 of the civil practice  law
 and  rules, subdivision (b) as separately amended by chapters 15 and 860
 of the laws of 1977 and subdivision (e) as added by chapter 860  of  the
 laws of 1977, are amended to read as follows:
   (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
 ON  THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a motion
 for an order of attachment, the plaintiff shall give an undertaking,  in
 a  total  amount  fixed  by  the  court,  but not less than five hundred
 dollars, a specified part thereof conditioned that the  plaintiff  shall
 pay  to the defendant all costs and damages, including reasonable attor-
 ney's fees, which may be sustained by reason of the  attachment  if  the
 defendant  recovers judgment or if it is finally decided that the plain-
 tiff was not entitled to an attachment of the defendant's property,  and
 the  balance conditioned that the plaintiff shall pay to the sheriff all
 of his allowable fees.
   2. ON A MOTION FOR  AN  ATTACHMENT  PURSUANT  TO  SUBDIVISION  SIX  OF
 SECTION  6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN ACCESSI-
 BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
 TIVE, MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the  plain-
 tiff shall not be liable to the sheriff for such fees. The surety on the
 undertaking shall not be discharged except upon notice to the sheriff.
   (e)  Damages.  [The]  EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON
 THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201,  THE  plaintiff
 shall  be  liable  to the defendant for all costs and damages, including
 reasonable attorney's fees, which may be  sustained  by  reason  of  the
 attachment  if  the  defendant  recovers  judgment,  or if it is finally
 decided that the plaintiff was not entitled  to  an  attachment  of  the
 defendant's  property. Plaintiff's liability shall not be limited by the
 amount of the undertaking.
   § 31. Section 6223 of the civil practice law and rules, as amended  by
 chapter 860 of the laws of 1977, is amended to read as follows:
   §  6223.  Vacating  or  modifying  attachment. (a) Motion to vacate or
 modify.  Prior to the application of property or debt to  the  satisfac-
 tion of a judgment, the defendant, the garnishee or any person having an
 interest  in  the property or debt may move, on notice to each party and
 the sheriff, for an order vacating or modifying the order of attachment.
 Upon the motion, the court may give the plaintiff a reasonable  opportu-
 nity  to  correct  any defect. [If] EXCEPT AS PROVIDED UNDER SUBDIVISION
 (B), IF, after the defendant has  appeared  in  the  action,  the  court
 determines  that  the  attachment  is unnecessary to the security of the
 plaintiff, it shall vacate the order of attachment.  Such a motion shall
 not of itself constitute an appearance in the action.

 A. 9506--A                         87

   (b) Burden of proof. [Upon] EXCEPT WHERE AN  ORDER  OF  ATTACHMENT  IS
 GRANTED  PURSUANT  TO  SUBDIVISION SIX OF SECTION 6201, UPON a motion to
 vacate or modify an order of attachment the  plaintiff  shall  have  the
 burden  of  establishing  the  grounds  for the attachment, the need for
 continuing  the  levy  and  the  probability that he will succeed on the
 merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED
 PURSUANT TO SUBDIVISION SIX OF SECTION 6201, THE  DEFENDANT  SHALL  HAVE
 THE  BURDEN  TO  DEMONSTRATE  THAT  THE ATTACHMENT IS UNNECESSARY TO THE
 SECURITY OF THE PLAINTIFF, IN ORDER TO VACATE OR MODIFY  THE  ATTACHMENT
 ORDER.
   § 32. Paragraph (b) of section 624 of the business corporation law, as
 amended  by  chapter  449  of  the  laws  of 1997, is amended to read as
 follows:
   (b) Any person who shall have been a shareholder of record of a corpo-
 ration, OR WHO IS OR SHALL HAVE BEEN A  LABORER,  SERVANT  OR  EMPLOYEE,
 upon  at least five days' written demand shall have the right to examine
 in person or by agent or attorney,  during  usual  business  hours,  its
 minutes  of the proceedings of its shareholders and record of sharehold-
 ers and to make extracts therefrom for any purpose reasonably related to
 such person's interest as a shareholder, LABORER, SERVANT  OR  EMPLOYEE.
 Holders  of  voting trust certificates representing shares of the corpo-
 ration shall be  regarded  as  shareholders  for  the  purpose  of  this
 section.    Any  such agent or attorney shall be authorized in a writing
 that satisfies the requirements of a  writing  under  paragraph  (b)  of
 section  609  (Proxies).  A corporation requested to provide information
 pursuant to this paragraph shall  make  available  such  information  in
 written  form and in any other format in which such information is main-
 tained by the corporation and shall not  be  required  to  provide  such
 information  in  any  other  format.  If a request made pursuant to this
 paragraph includes a request to furnish information regarding beneficial
 owners, the corporation shall make available  such  information  in  its
 possession regarding beneficial owners as is provided to the corporation
 by  a registered broker or dealer or a bank, association or other entity
 that exercises fiduciary powers in connection  with  the  forwarding  of
 information  to  such  owners.  The corporation shall not be required to
 obtain information about beneficial owners not in its possession.
   § 33. Section 630 of the business corporation law,  paragraph  (a)  as
 amended  by  chapter  5 of the laws of 2016, paragraph (c) as amended by
 chapter 746 of the laws of 1963, is amended to read as follows:
 § 630. Liability of shareholders for wages due to laborers, servants  or
          employees.
   (a) The  ten  largest shareholders, as determined by the fair value of
 their beneficial interest as of the beginning of the period during which
 the unpaid services referred to in this section are performed, of  every
 domestic  corporation  or  of  any  foreign corporation, when the unpaid
 services were performed in the state, no shares of which are listed on a
 national securities exchange or regularly quoted in an  over-the-counter
 market  by one or more members of a national or an affiliated securities
 association, shall jointly and severally be personally  liable  for  all
 debts,  wages or salaries due and owing to any of its laborers, servants
 or employees other than contractors, for services performed by them  for
 such corporation. [Before such laborer, servant or employee shall charge
 such  shareholder  for such services, he shall give notice in writing to
 such shareholder that he intends to hold him liable under this  section.
 Such  notice  shall  be  given  within one hundred and eighty days after
 termination of such services, except that if, within  such  period,  the

 A. 9506--A                         88

 laborer,  servant  or  employee  demands an examination of the record of
 shareholders under paragraph (b) of  section  624  (Books  and  records;
 right  of inspection, prima facie evidence) of this article, such notice
 may  be  given within sixty days after he has been given the opportunity
 to examine the record of shareholders. An action to enforce such liabil-
 ity shall be commenced  within  ninety  days  after  the  return  of  an
 execution  unsatisfied against the corporation upon a judgment recovered
 against it for such services.] The provisions of  this  paragraph  shall
 not  apply  to  an investment company registered as such under an act of
 congress entitled "Investment Company Act of 1940."
   (b) For the purposes of this section, wages or salaries shall mean all
 compensation and benefits payable by an employer to or for  the  account
 of  the employee for personal services rendered by such employee INCLUD-
 ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST,  ATTORNEY'S
 FEES  OR COSTS.   These shall specifically include but not be limited to
 salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
 contributions  to or payments of insurance or welfare benefits; employer
 contributions to pension or annuity funds; and any other moneys properly
 due or payable for services rendered by such employee.
   (c) A shareholder who has paid more than his pro rata share under this
 section shall be entitled to contribution pro rata from the other share-
 holders liable under this section with respect to the  excess  so  paid,
 over and above his pro rata share, and may sue them jointly or severally
 or  any number of them to recover the amount due from them.  Such recov-
 ery may be had in a separate action. As used  in  this  paragraph,  "pro
 rata"  means in proportion to beneficial share interest. Before a share-
 holder may claim contribution from other shareholders under  this  para-
 graph, he shall[, unless they have been given notice by a laborer, serv-
 ant  or  employee under paragraph (a),] give them notice in writing that
 he intends to hold them so liable to him. Such notice shall be given  by
 him  within twenty days after the date that [notice was given to him by]
 HE BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM
 LIABLE under paragraph (a).
   § 34. Subdivision (c) of section 609 of the limited liability  company
 law,  as added by chapter 537 of the laws of 2014, is amended to read as
 follows:
   (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
 section, the ten members with the largest percentage ownership interest,
 as determined as of the beginning of the period during which the  unpaid
 services  referred  to  in  this section are performed, of every limited
 liability company, shall jointly and severally be personally liable  for
 all debts, wages or salaries due and owing to any of its laborers, serv-
 ants  or  employees,  for  services  performed  by them for such limited
 liability company. [Before  such  laborer,  servant  or  employee  shall
 charge  such  member  for  such services, he or she shall give notice in
 writing to such member that he or she intends to hold such member liable
 under this section. Such notice shall be given within one hundred eighty
 days after termination of such  services.  An  action  to  enforce  such
 liability  shall  be commenced within ninety days after the return of an
 execution unsatisfied against the limited liability company upon a judg-
 ment recovered against it for such services.] A member who has paid more
 than his or her pro rata share under this section shall be  entitled  to
 contribution  pro  rata from the other members liable under this section
 with respect to the excess so paid, over and above his or her  pro  rata
 share,  and  may  sue them jointly or severally or any number of them to
 recover the amount due from them. Such recovery may be had in a separate

 A. 9506--A                         89
 
 action. As used in this subdivision, "pro rata" means in  proportion  to
 percentage  ownership  interest.  Before a member may claim contribution
 from other members under this section, he or she shall give them  notice
 in writing that he or she intends to hold them so liable to him or her.
   §  35. Section 1102 of the limited liability company law is amended by
 adding a new subdivision (e) to read as follows:
   (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
 EE OF A LIMITED LIABILITY COMPANY, UPON  AT  LEAST  FIVE  DAYS'  WRITTEN
 DEMAND  SHALL  HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT OR ATTOR-
 NEY, DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO  OF
 SUBDIVISION  (A)  OF  THIS  SECTION THROUGHOUT THE PERIOD OF TIME DURING
 WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
 NY. A COMPANY REQUESTED TO PROVIDE INFORMATION PURSUANT  TO  THIS  PARA-
 GRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER
 FORMAT  IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND SHALL
 NOT BE REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT.    UPON
 REFUSAL  BY  THE  COMPANY  OR  BY  AN OFFICER OR AGENT OF THE COMPANY TO
 PERMIT AN INSPECTION OF THE RECORDS DESCRIBED  IN  THIS  PARAGRAPH,  THE
 PERSON  MAKING  THE DEMAND FOR INSPECTION MAY APPLY TO THE SUPREME COURT
 IN THE JUDICIAL DISTRICT WHERE THE OFFICE OF  THE  COMPANY  IS  LOCATED,
 UPON  SUCH  NOTICE  AS  THE COURT MAY DIRECT, FOR AN ORDER DIRECTING THE
 COMPANY, ITS MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER  SHOULD  NOT
 BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT.  UPON THE RETURN
 DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
 ILY,  BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT IS
 QUALIFIED AND ENTITLED TO SUCH INSPECTION,  THE  COURT  SHALL  GRANT  AN
 ORDER  COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS TO
 THE COURT MAY SEEM JUST AND PROPER. IF THE  APPLICANT  IS  FOUND  TO  BE
 QUALIFIED  AND  ENTITLED  TO  SUCH INSPECTION, THE COMPANY SHALL PAY ALL
 REASONABLE ATTORNEY'S FEES AND COSTS OF SAID APPLICANT  RELATED  TO  THE
 DEMAND FOR INSPECTION OF THE RECORDS.
   §  36.  This act shall take effect on the thirtieth day after it shall
 have become a law. The procedures and rights created in this act may  be
 used  by  employees,  laborers or servants in connection with claims for
 liabilities that arose prior to the effective date.
 
                                  PART R
 
   Section 1. The education law is amended by adding a new article 128 to
 read as follows:
                                ARTICLE 128
        PUBLIC UNIVERSITY AFFILIATED ORGANIZATIONS AND FOUNDATIONS
 SECTION 6360. PUBLIC UNIVERSITY AND FOUNDATION OVERSIGHT.
   § 6360. PUBLIC UNIVERSITY AND FOUNDATION OVERSIGHT.  1.    DEFINITION.
 FOR PURPOSES OF THIS SECTION, THE TERM "AFFILIATED ORGANIZATION OR FOUN-
 DATION"  SHALL  MEAN AN ORGANIZATION OR FOUNDATION FORMED UNDER THE NOT-
 FOR-PROFIT CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENEFIT OF
 OR CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY
 OF NEW  YORK  OR  THEIR  RESPECTIVE  UNIVERSITIES,  COLLEGES,  COMMUNITY
 COLLEGES, CAMPUSES OR SUBDIVISIONS, INCLUDING THE RESEARCH FOUNDATION OF
 THE STATE UNIVERSITY OF NEW YORK AND THE RESEARCH FOUNDATION OF THE CITY
 UNIVERSITY  OF  NEW YORK, TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR
 PROVIDING A DIRECT  BENEFIT  TO,  THE  RESPECTIVE  UNIVERSITY,  COLLEGE,
 COMMUNITY  COLLEGE,  CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A WHOLE,
 THAT HAS CONTROL OF, MANAGES OR RECEIVES ONE HUNDRED THOUSAND DOLLARS OR
 MORE ANNUALLY, INCLUDING ALUMNI ASSOCIATIONS.  FOR THE PURPOSES OF  THIS

 A. 9506--A                         90

 SECTION, THIS TERM DOES NOT INCLUDE A STUDENT-RUN ORGANIZATION COMPRISED
 SOLELY  OF  ENROLLED  STUDENTS AND FORMED FOR THE PURPOSE OF ADVANCING A
 STUDENT OBJECTIVE.
   2. FINANCIAL CONTROL POLICIES. (A) THE TRUSTEES OF THE STATE UNIVERSI-
 TY  OF  NEW YORK AND THE CITY UNIVERSITY OF NEW YORK AND EACH AFFILIATED
 ORGANIZATION OR FOUNDATION SHALL RESPECTIVELY  ADOPT  FINANCIAL  CONTROL
 POLICIES  DESIGNED  TO  PREVENT  CORRUPTION,  FRAUD,  CRIMINAL ACTIVITY,
 CONFLICTS OF INTEREST OR ABUSE.
   (B) THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK,
 AND EACH  AFFILIATED  ORGANIZATION  OR  FOUNDATION  SHALL  EACH  APPOINT
 COMPLIANCE OFFICERS TO PROVIDE ASSISTANCE IN OVERSIGHT AND MONITORING OF
 THE  FINANCIAL  CONTROL POLICIES ESTABLISHED PURSUANT TO THIS SECTION BY
 THE RESPECTIVE STATE UNIVERSITY OF NEW YORK, CITY UNIVERSITY OF NEW YORK
 OR AFFILIATED ORGANIZATION OR FOUNDATION.
   3. REPORTING REQUIREMENTS. (A) THE TRUSTEES OF THE STATE UNIVERSITY OF
 NEW YORK AND THE CITY UNIVERSITY OF NEW YORK SHALL REQUIRE, ON OR BEFORE
 NOVEMBER FIRST OF EACH YEAR, AN ANNUAL REPORT OF ANY  AFFILIATED  ORGAN-
 IZATION  OR  FOUNDATION, IN A STANDARDIZED FORMAT DEVELOPED BY THE CHAN-
 CELLOR. THE ANNUAL REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE  POSTED
 PUBLICLY  ON THE WEBSITE OF THE STATE UNIVERSITY OF NEW YORK OR THE CITY
 UNIVERSITY OF NEW YORK, RESPECTIVELY, IN A READABLE FORMAT  BY  NOVEMBER
 FIRST OF EACH YEAR. THE REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  FINANCIAL REPORTS, INCLUDING: AUDITED FINANCIALS FOLLOWING GENER-
 ALLY ACCEPTED ACCOUNTING PRINCIPLES AS DEFINED  IN  SUBDIVISION  TEN  OF
 SECTION TWO OF THE STATE FINANCE LAW; AND ANY LONG-TERM LIABILITIES;
   (II) A LIST OF ALL CONTRACTS INCLUDING AMOUNT, PURPOSE AND IDENTIFYING
 VENDOR INFORMATION OF EACH; AND
   (III) THE TOTAL NUMBER OF EMPLOYEES OF SUCH ORGANIZATION OR FOUNDATION
 BY  DEPARTMENT AND JOB LOCATION AND AMOUNT SPENT ON PERSONNEL BY DEPART-
 MENT AND JOB LOCATION, WHICH SHALL INCLUDE ANNUAL EMPLOYEE SALARIES,  OR
 OTHER  COMPENSATION,  EMPLOYEE  JOB TITLES AND DESCRIPTIONS AND EMPLOYEE
 BENEFITS.
   (B) THE REPORTS REQUIRED BY THIS SUBDIVISION SHALL NOT REQUIRE DISCLO-
 SURE OF INFORMATION THAT: (I) IS SPECIFICALLY EXEMPTED  FROM  DISCLOSURE
 BY  STATE  OR  FEDERAL LAW; (II) IF DISCLOSED WOULD CONSTITUTE AN UNWAR-
 RANTED INVASION OF PERSONAL PRIVACY UNDER THE PROVISIONS OF  SUBDIVISION
 TWO  OF  SECTION  EIGHTY-NINE  OF  THE  PUBLIC  OFFICERS  LAW;  (III) IF
 DISCLOSED WOULD IMPAIR IMMINENT CONTRACT AWARDS OR COLLECTIVE BARGAINING
 NEGOTIATIONS; (IV) ARE TRADE SECRETS OR IS INFORMATION THAT IF DISCLOSED
 WOULD CAUSE SUBSTANTIAL INJURY TO A COMPETITIVE BUSINESS  POSITION;  (V)
 ARE  RECORDS  OF  AN  AFFILIATED  ORGANIZATION OR FOUNDATION RELATING TO
 CHARITABLE DONORS OR PROSPECTIVE DONORS, PROVIDED THAT RECORDS  RELATING
 TO  FUNDRAISING  STRATEGIES  WOULD,  IF DISCLOSED, IMPAIR THE ABILITY OF
 SUCH AFFILIATED ORGANIZATION OR FOUNDATION TO ATTRACT OR GAIN DONATIONS,
 AND PROVIDED, HOWEVER, THAT THE NAME OF ANY  DONOR  AND  THE  AMOUNT  OF
 DONATION  MADE  BY  SUCH  DONOR  SHALL  BE SUBJECT TO DISCLOSURE IF SUCH
 DONOR, OR ANY ENTITY IN WHICH SUCH DONOR  HAS  A  SUBSTANTIAL  INTEREST,
 SEEKS  TO TRANSACT BUSINESS, OR DOES TRANSACT BUSINESS, WITH SUCH AFFIL-
 IATED ORGANIZATION OR FOUNDATION TO WHICH THE DONATION  IS  MADE  WITHIN
 THREE  YEARS  OF  THE  DATE  OF  SUCH DONATION; AND (VI) ARE ACADEMIC OR
 SCIENTIFIC RESEARCH OR RESEARCH-RELATED RECORDS,  INCLUDING  ANY  DRAFT,
 PRELIMINARY OR UNFUNDED GRANT OR CONTRACT DOCUMENT, WHETHER SPONSORED BY
 THE  AFFILIATED ORGANIZATION OR FOUNDATION ITSELF OR IN CONJUNCTION WITH
 A THIRD PARTY, OR RECORDS RELATING TO SUCH  AFFILIATED  ORGANIZATION  OR
 FOUNDATION'S INTELLECTUAL PROPERTY, WHICH, IF DISCLOSED, WOULD ADVERSELY
 AFFECT  LICENSE,  PATENT,  COPYRIGHT  OR OTHER RIGHTS OF SUCH AFFILIATED

 A. 9506--A                         91
 
 ORGANIZATION OR FOUNDATION. THIS PARAGRAPH SHALL  NOT  BE  CONSTRUED  TO
 PERMIT  AN  AFFILIATED ORGANIZATION OR FOUNDATION TO WITHHOLD RECORDS OR
 PORTIONS THEREOF PERTAINING TO THE NAME, TITLE, EXPENDITURE,  SOURCE  OR
 AMOUNT OF PUBLIC FUNDING RELATING TO SUCH RESEARCH OR INTELLECTUAL PROP-
 ERTY.
   4.  ACCESS  TO RECORDS. A. ACCESS TO RECORDS OF EACH AFFILIATED ORGAN-
 IZATION OR FOUNDATION WHICH RECEIVES OR DISTRIBUTES  ANY  PUBLIC  MONEY,
 AND  WHICH PROVIDES GRANTS, FUNDING OR OTHER SUPPORT FOR ECONOMIC DEVEL-
 OPMENT PURPOSES, CONSTRUCTION PURPOSES, OR OTHER CAPITAL PURPOSES, SHALL
 BE GOVERNED  PURSUANT  TO  ARTICLE  SIX  OF  THE  PUBLIC  OFFICERS  LAW,
 PROVIDED,  HOWEVER,  THAT SUCH AFFILIATED ORGANIZATION OR FOUNDATION MAY
 ALSO DENY ACCESS TO RECORDS OR PORTIONS THEREOF THAT: (I) ARE RECORDS OF
 AN AFFILIATED ORGANIZATION OR FOUNDATION RELATING TO  CHARITABLE  DONORS
 OR  PROSPECTIVE  DONORS  PROVIDED  THAT  RECORDS RELATING TO FUNDRAISING
 STRATEGIES WOULD, IF DISCLOSED, IMPAIR THE ABILITY  OF  SUCH  AFFILIATED
 ORGANIZATION  OR  FOUNDATION TO ATTRACT OR GAIN DONATIONS, AND PROVIDED,
 HOWEVER, THAT THE NAME OF ANY DONOR AND THE AMOUNT OF ANY DONATION  MADE
 BY SUCH DONOR SHALL BE SUBJECT TO DISCLOSURE IF SUCH DONOR, OR ANY ENTI-
 TY  IN  WHICH  SUCH  DONOR HAS A SUBSTANTIAL INTEREST, SEEKS TO TRANSACT
 BUSINESS, OR DOES TRANSACT BUSINESS, WITH SUCH  AFFILIATED  ORGANIZATION
 OR  FOUNDATION  TO  WHICH THE DONATION IS MADE WITHIN THREE YEARS OF THE
 DATE OF SUCH DONATION; OR (II) ARE ACADEMIC OR  SCIENTIFIC  RESEARCH  OR
 RESEARCH-RELATED  RECORDS,  INCLUDING ANY DRAFT, PRELIMINARY OR UNFUNDED
 GRANT OR CONTRACT DOCUMENT, WHETHER SPONSORED BY THE  AFFILIATED  ORGAN-
 IZATION  OR  FOUNDATION  ITSELF OR IN CONJUNCTION WITH A THIRD PARTY, OR
 RECORDS RELATING TO SUCH AFFILIATED ORGANIZATION OR FOUNDATION'S  INTEL-
 LECTUAL  PROPERTY,  WHICH, IF DISCLOSED, WOULD ADVERSELY AFFECT LICENSE,
 PATENT, COPYRIGHT OR OTHER RIGHTS OF  SUCH  AFFILIATED  ORGANIZATION  OR
 FOUNDATION;
   B.  THIS  SUBDIVISION  SHALL  NOT BE CONSTRUED TO PERMIT AN AFFILIATED
 ORGANIZATION OR FOUNDATION  TO  WITHHOLD  RECORDS  OR  PORTIONS  THEREOF
 PERTAINING  TO  THE NAME, TITLE, EXPENDITURE, SOURCE OR AMOUNT OF PUBLIC
 FUNDING RELATING TO SUCH RESEARCH OR INTELLECTUAL PROPERTY.
   C. THIS SUBDIVISION SHALL BE LIBERALLY CONSTRUED TO PROVIDE ACCESS  TO
 RECORDS TO THE GREATEST EXTENT POSSIBLE.
   5. OPEN MEETINGS. A. MEETINGS OF EACH AFFILIATED ORGANIZATION OR FOUN-
 DATION  WHICH  RECEIVES  OR  DISTRIBUTES  ANY  PUBLIC  MONEY,  AND WHICH
 PROVIDES GRANTS, FUNDING  OR  OTHER  SUPPORT  FOR  ECONOMIC  DEVELOPMENT
 PURPOSES,  CONSTRUCTION  PURPOSES,  OR  OTHER CAPITAL PURPOSES, SHALL BE
 OPEN TO THE PUBLIC PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW,
 PROVIDED, HOWEVER, THAT AN AFFILIATED  ORGANIZATION  OR  FOUNDATION  MAY
 UPON  A  MAJORITY VOTE OF ITS TOTAL MEMBERSHIP, TAKEN IN AN OPEN MEETING
 PURSUANT TO A MOTION IDENTIFYING THE SPECIFIC SUBJECT TO  BE  CONSIDERED
 MAY  ALSO  CONDUCT AN EXECUTIVE SESSION TO DISCUSS: (I) MATTERS RELATING
 TO CHARITABLE DONORS OR PROSPECTIVE DONORS PROVIDED THAT  DISCUSSION  OF
 SUCH  FUNDRAISING  STRATEGIES  WOULD, IF DISCUSSED IN PUBLIC, IMPAIR THE
 ABILITY OF SUCH AFFILIATED ORGANIZATION OR FOUNDATION TO ATTRACT OR GAIN
 DONATIONS; OR (II) MATTERS THAT ARE ACADEMIC OR SCIENTIFIC  RESEARCH  OR
 RESEARCH-RELATED,  INCLUDING  DISCUSSION  OF  ANY  DRAFT, PRELIMINARY OR
 UNFUNDED GRANT OR CONTRACT DOCUMENT, WHETHER SPONSORED BY THE AFFILIATED
 ORGANIZATION OR FOUNDATION ITSELF OR IN CONJUNCTION WITH A THIRD  PARTY;
 OR  (III)  MATTERS  RELATING  TO SUCH AFFILIATED ORGANIZATION OR FOUNDA-
 TION'S INTELLECTUAL  PROPERTY,  WHICH,  IF  DISCLOSED,  WOULD  ADVERSELY
 AFFECT  LICENSE,  PATENT,  COPYRIGHT  OR OTHER RIGHTS OF SUCH AFFILIATED
 ORGANIZATION OR FOUNDATION.

 A. 9506--A                         92
 
   B. THIS SUBDIVISION SHALL BE  LIBERALLY  CONSTRUED  TO  PERMIT  PUBLIC
 ACCESS  TO  MEETINGS OF THE AFFILIATED ORGANIZATION OR FOUNDATION TO THE
 GREATEST EXTENT POSSIBLE.
   § 2. This act shall take effect immediately.
 
                                  PART S
 
   Section  1.  Clauses  (v) and (vi) of subparagraph 4 of paragraph h of
 subdivision 2 of section 355 of the education law, as amended by section
 1 of part JJJ of chapter 59 of the laws of 2017, are amended and  a  new
 clause (vi) is added to read as follows:
   (v)  Beginning  in state fiscal year two thousand seventeen--two thou-
 sand eighteen and ending in state  fiscal  year  two  thousand  [twenty]
 EIGHTEEN--two  thousand [twenty-one] NINETEEN, the state shall appropri-
 ate and make available general fund operating support, including  fringe
 benefits, for the state university in an amount not less than the amount
 appropriated  and  made  available  in  the  prior  state  fiscal  year;
 provided, however, that if the governor declares a fiscal emergency, and
 communicates such emergency to the temporary president of the senate and
 speaker of the assembly, state support for  operating  expenses  at  the
 state  university and city university may be reduced in a manner propor-
 tionate to one another, and  the  aforementioned  provisions  shall  not
 apply;  provided further, the state shall appropriate and make available
 general fund support to fully fund the tuition credit pursuant to subdi-
 vision two of section six hundred sixty-nine-h of this title.
   (VI) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND  NINETEEN--TWO  THOU-
 SAND  TWENTY AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAIL-
 ABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, FOR  THE  STATE
 UNIVERSITY  AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN AMOUNT
 NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE  IN
 THE  PRIOR  STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPRO-
 PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT  TO  COVER  ALL
 MANDATORY  COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH
 SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLECTIVE
 BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
 NON-PERSONAL  SERVICE  COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND
 OTHER INFLATIONARY EXPENSES INCURRED BY THE  STATE  UNIVERSITY  AND  THE
 STATE UNIVERSITY HEALTH SCIENCE CENTERS, AND ANY INCREASE IN THE TUITION
 CREDIT  PURSUANT  TO  SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE AS
 TUITION INCREASES ARE ENACTED BY THE BOARD  OF  TRUSTEES  OF  THE  STATE
 UNIVERSITY;  PROVIDED,  HOWEVER,  THAT IF THE GOVERNOR DECLARES A FISCAL
 EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF
 THE SENATE AND SPEAKER OF THE  ASSEMBLY,  STATE  SUPPORT  FOR  OPERATING
 EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A
 MANNER  PROPORTIONATE  TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS
 SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND  MAKE
 AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT
 TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE.
   [(vi)]  (VII)  For  the  state  university fiscal years commencing two
 thousand eleven--two thousand twelve and ending two  thousand  fifteen--
 two  thousand sixteen, each university center may set aside a portion of
 its tuition revenues derived from tuition increases to provide increased
 financial aid for New York state resident undergraduate  students  whose
 net  taxable  income  is  eighty thousand dollars or more subject to the
 approval of a NY-SUNY 2020 proposal by the governor and  the  chancellor
 of  the state university of New York. Nothing in this paragraph shall be

 A. 9506--A                         93
 
 construed as to authorize that students  whose  net  taxable  income  is
 eighty  thousand  dollars  or  more  are eligible for tuition assistance
 program awards pursuant to section six hundred sixty-seven of this chap-
 ter.
   §  2.  Subparagraph  (v)  of paragraph (a) of subdivision 7 of section
 6206 of the education law, as amended by section 2 of part JJJ of  chap-
 ter  59  of  the laws of 2017, is amended and a new subparagraph (vi) is
 added to read as follows:
   (v) Beginning in state fiscal year two thousand  seventeen--two  thou-
 sand  eighteen  and  ending  in  state fiscal year two thousand [twenty]
 EIGHTEEN--two thousand [twenty-one] NINETEEN, the state shall  appropri-
 ate  and make available general fund operating support, including fringe
 benefits, for the city university in an amount not less than the  amount
 appropriated  and  made  available  in  the  prior  state  fiscal  year;
 provided, however, that if the governor declares a fiscal emergency, and
 communicates such emergency to the temporary president of the senate and
 speaker of the assembly, state support for  operating  expenses  at  the
 state  university and city university may be reduced in a manner propor-
 tionate to one another, and  the  aforementioned  provisions  shall  not
 apply;  provided further, the state shall appropriate and make available
 general fund support to fully fund the tuition credit pursuant to subdi-
 vision two of section six hundred sixty-nine-h of this chapter.
   (VI) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND  NINETEEN--TWO  THOU-
 SAND  TWENTY AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE AVAIL-
 ABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS,  FOR  THE  CITY
 UNIVERSITY  IN  AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRI-
 ATED AND MADE AVAILABLE  IN  THE  PRIOR  STATE  FISCAL  YEAR;  PROVIDED,
 FURTHER,  THE  STATE  SHALL  APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
 OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE  CITY  UNIVERSITY,
 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS,
 INCLUDING  SALARY  INCREMENTS,  FRINGE  BENEFITS, AND OTHER NON-PERSONAL
 SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND  OTHER  INFLA-
 TIONARY  EXPENSES  INCURRED  BY THE CITY UNIVERSITY, AND ANY INCREASE IN
 THE TUITION CREDIT PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS
 CHAPTER AS TUITION INCREASES ARE ENACTED BY THE BOARD OF TRUSTEES OF THE
 CITY UNIVERSITY; PROVIDED, HOWEVER, THAT  IF  THE  GOVERNOR  DECLARES  A
 FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRES-
 IDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPER-
 ATING  EXPENSES  AT  THE  STATE  UNIVERSITY  AND  CITY UNIVERSITY MAY BE
 REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED
 PROVISIONS SHALL NOT APPLY; PROVIDED FURTHER, THE STATE SHALL  APPROPRI-
 ATE  AND  MAKE  AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION
 CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX  HUNDRED  SIXTY-NINE-H
 OF THIS CHAPTER.
   § 3. This act shall take effect immediately provided that:
   (a)  the  amendments to subparagraph 4 of paragraph h of subdivision 2
 of section 355 of the education law made by  section  one  of  this  act
 shall  not  affect  the  expiration  and  reversion of such subparagraph
 pursuant to chapter 260 of the laws  of  2011,  as  amended,  and  shall
 expire therewith; and
   (b)  the  amendments to paragraph (a) of subdivision 7 of section 6206
 of the education law made by section two of this act  shall  not  affect
 the  expiration  and reversion of such paragraph pursuant to chapter 260
 of the laws of 2011, as amended, and shall expire therewith.
 
                                  PART T

 A. 9506--A                         94
 
   Section 1. Section 22-c of the state finance law is amended by  adding
 a new subdivision 7 to read as follows:
   7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND NINETEEN
 AND EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT TO THE
 LEGISLATURE  AS  PART  OF THE ANNUAL EXECUTIVE BUDGET, FIVE-YEAR CAPITAL
 PLANS FOR THE STATE UNIVERSITY OF NEW YORK STATE-OPERATED  CAMPUSES  AND
 CITY  UNIVERSITY  OF NEW YORK SENIOR COLLEGES.  SUCH PLANS SHALL PROVIDE
 FOR THE ANNUAL APPROPRIATION OF  CAPITAL  FUNDS  TO  COVER  ONE  HUNDRED
 PERCENT  OF  THE  ANNUAL  CRITICAL  MAINTENANCE NEEDS IDENTIFIED BY EACH
 UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE OR OTHER
 MAJOR CAPITAL INITIATIVES, PROVIDED THAT SUCH FUNDING  FOR  NEW  INFRAS-
 TRUCTURE  OR  OTHER  MAJOR  CAPITAL  INITIATIVES SHALL NOT COUNT TOWARDS
 MEETING THE OVERALL CRITICAL MAINTENANCE REQUIREMENT.  IN THE EVENT THAT
 SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE CRITICAL  MAINTE-
 NANCE  NEEDS  DUE  TO  THE  LIMITATION IMPOSED BY ARTICLE FIVE-B OF THIS
 CHAPTER, THE DIRECTOR OF THE  BUDGET  SHALL  DEVELOP  FIVE-YEAR  CAPITAL
 PLANS  WHEREBY  THE  IMPLEMENTATION  OF EACH CAPITAL PLAN WOULD ANNUALLY
 REDUCE THE OVERALL FACILITY CONDITION INDEX (FCI)  FOR  EACH  UNIVERSITY
 SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX"
 SHALL  MEAN  AN  INDUSTRY  BENCHMARK THAT MEASURES THE RATIO OF DEFERRED
 MAINTENANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING
 THE EFFECT OF INVESTING IN FACILITY IMPROVEMENTS.  THE APPORTIONMENT  OF
 CAPITAL  APPROPRIATIONS  TO EACH STATE-OPERATED CAMPUS OR SENIOR COLLEGE
 SHALL BE BASED ON A METHODOLOGY TO BE DEVELOPED BY THE DIRECTOR  OF  THE
 BUDGET,  IN  CONSULTATION WITH THE STATE UNIVERSITY OF NEW YORK AND CITY
 UNIVERSITY OF NEW YORK.
   § 2. This act shall take effect immediately.
 
                                  PART U
 
   Section 1. The state finance law is amended by adding  a  new  section
 99-bb to read as follows:
   §  99-BB.  SUNY  STONY  BROOK EASTERN LONG ISLAND HOSPITAL AFFILIATION
 ESCROW FUND. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE,  REGU-
 LATION,  OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN THE
 JOINT CUSTODY OF THE COMPTROLLER AND THE CHANCELLOR OF THE STATE UNIVER-
 SITY OF NEW YORK (SUNY) A TRUST AND AGENCY FUND,  TO  BE  KNOWN  AS  THE
 "SUNY  STONY BROOK EASTERN LONG ISLAND HOSPITAL AFFILIATION ESCROW FUND"
 WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION.
   2. THE SUNY STONY  BROOK  EASTERN  LONG  ISLAND  HOSPITAL  AFFILIATION
 ESCROW FUND SHALL CONSIST OF (I) ALL MONIES GENERATED THROUGH THE ACTIV-
 ITIES  OF STONY BROOK AT EASTERN LONG ISLAND HOSPITAL, INCLUDING BUT NOT
 LIMITED TO PATIENT REVENUE, FEDERAL REIMBURSEMENT, AND OTHER  ASSOCIATED
 REVENUE  SOURCES,  (II)  RENT  PAYMENTS  MADE  BY STONY BROOK UNIVERSITY
 HOSPITAL TO THE EASTERN LONG ISLAND HOSPITAL ASSOCIATION UNDER A CERTAIN
 LEASE AGREEMENT APPROVED BY THE DIRECTOR OF THE BUDGET,  THE  OFFICE  OF
 THE NEW YORK STATE ATTORNEY GENERAL AND THE OFFICE OF THE NEW YORK STATE
 COMPTROLLER  AND (III) TO THE EXTENT PERMITTED UNDER THE LEASE AGREEMENT
 REFERRED TO IN PARAGRAPH  (II)  OF  THIS  SUBDIVISION,  WORKING  CAPITAL
 ADVANCES AND CAPITAL ACQUISITION ADVANCES MADE BY STONY BROOK UNIVERSITY
 HOSPITAL TO THE EASTERN LONG ISLAND HOSPITAL ASSOCIATION.
   3.  MONIES OF THE SUNY STONY BROOK EASTERN LONG ISLAND HOSPITAL AFFIL-
 IATION ESCROW FUND SHALL BE EXPENDED ONLY  FOR  THE  PURPOSES  OF  STONY
 BROOK AT EASTERN LONG ISLAND HOSPITAL.
   § 2. This act shall take effect immediately.

 A. 9506--A                         95
 
                                  PART V
 
   Section 1. The education law is amended by adding a new article 120 to
 read as follows:
                                ARTICLE 120
                 NEW YORK STATE FIREARM VIOLENCE RESEARCH
 SECTION 5950. NEW YORK STATE FIREARM VIOLENCE RESEARCH INSTITUTE.
   § 5950. NEW YORK STATE FIREARM VIOLENCE RESEARCH INSTITUTE. 1.  INSTI-
 TUTE  FORMATION  AND GOALS. THE NEW YORK STATE FIREARM VIOLENCE RESEARCH
 INSTITUTE, HEREINAFTER THE "INSTITUTE", IS  HEREBY  CREATED  WITHIN  THE
 STATE  UNIVERSITY  OF  NEW  YORK.  THE  PURPOSES  OF THE INSTITUTE SHALL
 INCLUDE:
   (A) ADVISING THE GOVERNOR, GOVERNMENTAL AGENCIES, THE REGENTS, AND THE
 LEGISLATURE ON MATTERS RELATING TO FIREARM VIOLENCE IN NEW YORK STATE;
   (B) FOSTERING, PURSUING AND SPONSORING COLLABORATIVE FIREARM  VIOLENCE
 RESEARCH;
   (C)  INCREASING UNDERSTANDING BY ESTABLISHING AND REPORTING ON WHAT IS
 KNOWN AND WHAT IS NOT KNOWN ABOUT FIREARM VIOLENCE OF THE STATE;
   (D) IDENTIFYING PRIORITY  NEEDS  FOR  FIREARM  VIOLENCE  RESEARCH  AND
 INVENTORY WORK WITHIN NEW YORK THAT CURRENTLY ARE NOT RECEIVING ADEQUATE
 ATTENTION,  AND  IDENTIFYING  PUBLIC  OR  PRIVATE ENTITIES THAT ARE BEST
 SITUATED TO ADDRESS SUCH NEEDS, THEREBY LEADING TO  BETTER  COORDINATION
 OF FIREARM VIOLENCE RESEARCH EFFORTS IN THE STATE;
   (E)  PROMOTING  AWARENESS  OF  EXISTING  AND  NEW  SOURCES  OF FIREARM
 VIOLENCE INFORMATION AND FIREARM VIOLENCE WHILE EDUCATING ELECTED  OFFI-
 CIALS, GOVERNMENTAL AGENCIES, AND THE GENERAL PUBLIC ON FIREARM VIOLENCE
 ISSUES THROUGH SUCH MEANS AS IT MAY DETERMINE;
   (F) ORGANIZING AND SPONSORING MEETINGS ON FIREARM VIOLENCE TOPICS;
   (G) ENCOURAGING THE ESTABLISHMENT OF NETWORKS OF COLLABORATING EXPERTS
 ENGAGED IN RELATED ASPECTS OF FIREARM VIOLENCE RESEARCH;
   (H)  RAISING  SENSITIVITY TO FIREARM VIOLENCE CONCERNS AMONG STATE AND
 LOCAL GOVERNMENT AGENCIES, AND SERVING AS A FORUM FOR  ENHANCED  INTERA-
 GENCY INFORMATION SHARING AND COOPERATION;
   (I) WORKING ON A CONTINUING BASIS WITH POLICYMAKERS IN THE LEGISLATURE
 AND  STATE  AGENCIES  TO  IDENTIFY,  IMPLEMENT,  AND EVALUATE INNOVATIVE
 FIREARM VIOLENCE PREVENTION POLICIES AND PROGRAMS;
   (J) RECRUITING AND PROVIDING SPECIALIZED  TRAINING  OPPORTUNITIES  FOR
 NEW RESEARCHERS, INCLUDING POSTDOCTORAL SCHOLARS, DOCTORAL STUDENTS, AND
 UNDERGRADUATES; AND
   (K) PROVIDING COPIES OF THEIR RESEARCH PUBLICATIONS TO THE LEGISLATURE
 AND  TO  AGENCIES SUPPLYING DATA USED IN THE CONDUCT OF SUCH RESEARCH AS
 SOON AS IS PRACTICABLE FOLLOWING PUBLICATION.
   2. RESEARCH. THE INSTITUTE SHALL FOSTER, PURSUE,  AND  SPONSOR  BASIC,
 TRANSLATIONAL, AND TRANSFORMATIVE RESEARCH, FIELD STUDIES, AND ALL OTHER
 SUCH ACTIVITIES TO RESEARCH:
   (A)  THE NATURE OF FIREARM VIOLENCE, INCLUDING INDIVIDUAL AND SOCIETAL
 DETERMINANTS OF RISK FOR INVOLVEMENT IN FIREARM VIOLENCE, WHETHER  AS  A
 VICTIM OR A PERPETRATOR;
   (B)  THE  INDIVIDUAL,  COMMUNITY, AND SOCIETAL CONSEQUENCES OF FIREARM
 VIOLENCE;
   (C) THE PREVENTION AND TREATMENT OF FIREARM VIOLENCE AT  THE  INDIVID-
 UAL, COMMUNITY, AND SOCIETAL LEVELS; AND
   (D) THE EFFECTIVENESS OF EXISTING LAWS AND POLICIES INTENDED TO REDUCE
 FIREARM  VIOLENCE  AND  EFFORTS TO PROMOTE THE RESPONSIBLE OWNERSHIP AND
 USE OF FIREARMS.

 A. 9506--A                         96
 
   3. EDUCATION AND INFORMATION TRANSFER PROGRAMS.  THE  INSTITUTE  SHALL
 FOSTER  THE  COLLECTION,  TRANSFER,  AND APPLICATION OF FIREARM VIOLENCE
 INFORMATION IN THE STATE BY:
   (A)  FOSTERING  ACCESS,  COMPATIBILITY,  INTERCHANGE, AND SYNTHESIS OF
 DATA ABOUT FIREARM VIOLENCE MAINTAINED BY PUBLIC ENTITIES, ACADEMIC  AND
 RESEARCH INSTITUTIONS, AND PRIVATE ORGANIZATIONS;
   (B) EMPLOYING ADVANCED TECHNOLOGY TO COORDINATE FOR EASE OF USE OF THE
 SCATTERED FIREARM VIOLENCE RESOURCES OF THE STATE; AND
   (C) SUPPORTING THE PREPARATION AND PUBLICATION OF INTERPRETATIVE WORKS
 THAT DRAW UPON FIREARM VIOLENCE RESOURCES.
   4.  QUINQUENNIAL  REPORTS.  THE  INSTITUTE  SHALL PREPARE AND SUBMIT A
 REPORT ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINETEEN AND EVERY  FIVE
 YEARS THEREAFTER TO THE GOVERNOR AND THE LEGISLATURE DESCRIBING PROGRAMS
 UNDERTAKEN  OR  SPONSORED  BY  THE  INSTITUTE,  THE  STATUS OF KNOWLEDGE
 REGARDING THE STATE'S FIREARM VIOLENCE, AND RESEARCH NEEDS RELATED THER-
 ETO.
   5. EXECUTIVE COMMITTEE. THE INSTITUTE SHALL BE GUIDED BY AN  EXECUTIVE
 COMMITTEE.  MEMBERS  OF  THE COMMITTEE SHALL BE FROM VARYING BACKGROUNDS
 WITH MEMBERS SELECTED FROM THE SCIENTIFIC COMMUNITY, ACADEMIC COMMUNITY,
 AS WELL AS FROM GOVERNMENT SERVICE.   SUCH COMMITTEE  SHALL  CONSIST  OF
 SEVENTEEN MEMBERS INCLUDING THE COMMISSIONER, THE COMMISSIONER OF CRIMI-
 NAL  JUSTICE SERVICES, THE COMMISSIONER OF HEALTH, THE CHANCELLOR OF THE
 UNIVERSITY OR THEIR DESIGNEES, SEVEN AT LARGE MEMBERS APPOINTED  BY  THE
 GOVERNOR, ONE OF WHOM SHALL BE CHAIRPERSON, TWO MEMBERS APPOINTED BY THE
 TEMPORARY  PRESIDENT OF THE SENATE, ONE MEMBER APPOINTED BY THE MINORITY
 LEADER OF THE SENATE, TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEM-
 BLY AND ONE MEMBER APPOINTED BY THE MINORITY  LEADER  OF  THE  ASSEMBLY.
 APPOINTED  MEMBERS  SHALL SERVE FOR A TERM OF THREE YEARS, PROVIDED THAT
 SUCH MEMBERS MAY BE REAPPOINTED. THE EXECUTIVE COMMITTEE SHALL:
   (A) ADOPT POLICIES, PROCEDURES, AND CRITERIA  GOVERNING  THE  PROGRAMS
 AND OPERATIONS OF THE INSTITUTE;
   (B)  RECOMMEND  TO THE GOVERNOR AND LEGISLATURE APPROPRIATE ACTIONS TO
 DEAL WITH FIREARM VIOLENCE WITHIN THE STATE;
   (C) DEVELOP AND IMPLEMENT  THE  RESEARCH,  EDUCATION  AND  INFORMATION
 TRANSFER PROGRAMS OF THE INSTITUTE;
   (D) IDENTIFY PROPOSALS FOR FIREARM VIOLENCE RESEARCH; AND
   (E)  MEET  PUBLICLY  AT LEAST TWICE A YEAR. THE COMMITTEE SHALL WIDELY
 DISSEMINATE NOTICE OF ITS MEETINGS AT LEAST  TWO  WEEKS  PRIOR  TO  EACH
 MEETING. THE COMMISSIONERS ON THE EXECUTIVE COMMITTEE AND THE CHANCELLOR
 OF THE UNIVERSITY SHALL AID IN SUCH DISSEMINATION.
   6.  SCIENTIFIC  WORKING GROUP. THE EXECUTIVE COMMITTEE SHALL APPOINT A
 SCIENTIFIC WORKING GROUP COMPOSED OF NOT MORE THAN  FIFTEEN  INDIVIDUALS
 REPRESENTING  GOVERNMENTAL  AGENCIES, ACADEMIC OR RESEARCH INSTITUTIONS,
 EDUCATIONAL ORGANIZATIONS, THE FIREARM INDUSTRY AND  RELATED  NON-PROFIT
 ORGANIZATIONS.  MEMBERS OF THE SCIENTIFIC WORKING GROUP SHALL HAVE KNOW-
 LEDGE AND EXPERTISE IN FIREARM VIOLENCE RESEARCH AND SHALL SERVE  FOR  A
 TERM  OF  THREE YEARS, PROVIDED, HOWEVER THAT MEMBERS MAY BE REAPPOINTED
 FOR MORE THAN ONE TERM AT THE DISCRETION OF THE EXECUTIVE COMMITTEE. THE
 SCIENTIFIC WORKING GROUP SHALL MAKE  RECOMMENDATIONS  TO  THE  EXECUTIVE
 COMMITTEE WITH RESPECT TO:
   (A)  THE IDENTIFICATION OF PRIORITY FIREARM VIOLENCE RESEARCH NEEDS IN
 THE STATE;
   (B) THE DEVELOPMENT AND IMPLEMENTATION OF  THE  INSTITUTE'S  RESEARCH,
 EDUCATION, AND INFORMATION TRANSFER PROGRAMS; AND
   (C) IDENTIFICATION OF PROPOSALS FOR FIREARM VIOLENCE RESEARCH.

 A. 9506--A                         97
 
   7.  INSTITUTE  DIRECTOR. THE INSTITUTE SHALL HAVE A DIRECTOR WHO SHALL
 BE APPOINTED BY THE EXECUTIVE COMMITTEE AND SHALL AFTER  APPOINTMENT  BE
 AN  EMPLOYEE OF THE STATE UNIVERSITY. THE INSTITUTE DIRECTOR SHALL SERVE
 AT THE PLEASURE OF THE EXECUTIVE COMMITTEE. THE INSTITUTE DIRECTOR SHALL
 SERVE  AS  CHIEF ADMINISTRATIVE OFFICER OF THE INSTITUTE AND PROVIDE THE
 NECESSARY SUPPORT FOR THE EXECUTIVE COMMITTEE.
   8. COMPENSATION. THE MEMBERS OF THE EXECUTIVE COMMITTEE AND THE SCIEN-
 TIFIC  WORKING  GROUP  SHALL  SERVE  WITHOUT  ADDITIONAL   COMPENSATION,
 PROVIDED  HOWEVER, MEMBERS OF THE EXECUTIVE COMMITTEE REPRESENTING STATE
 AGENCIES MAY  RECEIVE  REIMBURSEMENT  FOR  THEIR  ACTUAL  AND  NECESSARY
 EXPENSES  FROM  THEIR  RESPECTIVE  AGENCIES.  MEMBERS  OF  THE EXECUTIVE
 COMMITTEE AND SCIENTIFIC WORKING GROUP SHALL BE CONSIDERED STATE EMPLOY-
 EES FOR THE PURPOSES OF SECTIONS SEVENTEEN AND NINETEEN  OF  THE  PUBLIC
 OFFICERS LAW.
   9.  MEMORANDUM  OF  UNDERSTANDING.  THE  DEPARTMENT, THE DEPARTMENT OF
 HEALTH, THE DEPARTMENT OF MOTOR VEHICLES, AND THE DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES SHALL ENTER INTO A WRITTEN MEMORANDUM OF UNDERSTANDING
 TO FACILITATE THE APPROPRIATE IMPLEMENTATION  OF  THE  FIREARM  VIOLENCE
 RESEARCH  INSTITUTE AND THE GOALS, RESPONSIBILITIES, AND PROGRAMS ESTAB-
 LISHED BY THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART W
 
   Section  1.  Subdivision  1  of section 669-h of the education law, as
 added by section 1 of part HHH of chapter 59 of the  laws  of  2017,  is
 amended to read as follows:
   1.  Eligibility.  An  excelsior  scholarship award shall be made to an
 applicant who: (a) is matriculated in an approved program leading to  an
 undergraduate  degree  at  a New York state public institution of higher
 education; (b) if enrolled in (i) a public institution of higher  educa-
 tion  prior to application, has completed at least thirty combined cred-
 its per year following the student's  start  date,  or  its  equivalent,
 applicable  to his or her program or programs of study or (ii) an insti-
 tution of higher education prior to application, has completed at  least
 thirty  combined credits per year following the student's start date, or
 its equivalent, applicable to his or her program or  programs  of  study
 and  which were accepted upon transfer to a public institution of higher
 education; (c) enrolls in at  least  twelve  credits  per  semester  and
 completes  at  least  thirty  combined  credits  per  year following the
 student's start date, or  its  equivalent,  applicable  to  his  or  her
 program  or  programs  of  study  except  in  limited  circumstances  as
 prescribed by the corporation in regulation.   Notwithstanding,  in  the
 student's last semester, the student may take at least one course needed
 to meet his or her graduation requirements and enroll in and complete at
 least twelve credit hours or its equivalent.  For students who are disa-
 bled  as  defined by the Americans With Disabilities Act of 1990, 42 USC
 12101, the corporation shall prescribe rules and regulations that  allow
 applicants who are disabled to be eligible for an award pursuant to this
 section based on modified criteria; (d) has an adjusted gross income FOR
 THE  QUALIFYING  YEAR,  as  SUCH  TERMS ARE defined in this subdivision,
 equal to or less than: (i) one hundred thousand dollars  for  recipients
 receiving  an award in the two thousand seventeen--two thousand eighteen
 academic year; (ii) one hundred  ten  thousand  dollars  for  recipients
 receiving  an  award in the two thousand eighteen--two thousand nineteen

 A. 9506--A                         98

 academic year; and (iii) one hundred twenty-five  thousand  dollars  for
 recipients receiving an award in the two thousand nineteen--two thousand
 twenty  academic year and thereafter; and (e) complies with the applica-
 ble  provisions  of this article and all requirements promulgated by the
 corporation for the administration of the program. Adjusted gross income
 shall be the total of the combined adjusted gross income of  the  appli-
 cant  and  the  applicant's parents or the applicant and the applicant's
 spouse, if married[,]. QUALIFYING  YEAR  SHALL  BE  THE  ADJUSTED  GROSS
 INCOME  as  reported  on  the federal income tax return, or as otherwise
 obtained by the corporation, for the calendar year coinciding  with  the
 tax  year  established  by  the  U.S. department of education to qualify
 applicants for federal student  financial  aid  programs  authorized  by
 Title  IV of the Higher Education Act of nineteen hundred sixty-five, as
 amended, for the school year in  which  application  for  assistance  is
 made.    PROVIDED,  HOWEVER,  IF AN APPLICANT DEMONSTRATES TO THE CORPO-
 RATION THAT THERE HAS BEEN A CHANGE IN SUCH APPLICANT'S  ADJUSTED  GROSS
 INCOME IN THE YEAR SUBSEQUENT TO THE QUALIFYING YEAR WHICH WOULD QUALIFY
 SUCH  APPLICANT  FOR AN   AWARD, THE CORPORATION SHALL REVIEW AND MAKE A
 DETERMINATION AS TO WHETHER SUCH APPLICANT  MEETS  THE  REQUIREMENT  SET
 FORTH IN PARAGRAPH (D) OF THIS SUBDIVISION BASED ON SUCH YEAR.
   § 2. This act shall take effect immediately.
 
                                  PART X
 
   Section  1. The education law is amended by adding a new section 669-i
 to read as follows:
   § 669-I. MARTIN LUTHER KING, JR. SCHOLARSHIP. 1. PURPOSE. THE NEW YORK
 STATE MARTIN LUTHER KING, JR. SCHOLARSHIP IS HEREBY ESTABLISHED FOR  THE
 PURPOSE  OF GRANTING AWARDS TO ASSIST STUDENTS WITH THE EXPENSES OF NON-
 TUITION COSTS AND FEES ASSOCIATED WITH ATTENDING AN INSTITUTION OF HIGH-
 ER EDUCATION IN THE STATE OF NEW YORK.
   2. ELIGIBILITY. A MARTIN LUTHER KING, JR. SCHOLARSHIP AWARD  SHALL  BE
 MADE  TO  AN  APPLICANT  WHO  IS ELIGIBLE FOR AN AWARD UNDER THE TUITION
 ASSISTANCE PROGRAM AS SET FORTH IN SECTION SIX  HUNDRED  SIXTY-SEVEN  OF
 THIS SUBPART.
   3.  AMOUNT.  WITHIN  AMOUNTS  APPROPRIATED  THEREFOR  AND BASED ON THE
 AVAILABILITY OF FUNDS, AWARDS SHALL BE GRANTED BEGINNING WITH  THE  TWO-
 THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN ACADEMIC YEAR AND THEREAFTER TO
 APPLICANTS  THAT  THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE
 SUCH AWARDS. THE CORPORATION SHALL GRANT AN ANNUAL AWARD IN  THE  AMOUNT
 OF THREE THOUSAND FIVE HUNDRED DOLLARS TO EACH APPLICANT.
   4.  QUALIFIED  NON-TUITION  COSTS.  AN  AWARD PURSUANT TO THIS SECTION
 SHALL BE APPLIED TOWARD A RECIPIENT'S NON-TUITION COSTS  AND  FEES.  FOR
 THE  PURPOSES  OF  THIS SECTION NON-TUITION COSTS SHALL INCLUDE ROOM AND
 BOARD, TRANSPORTATION EXPENSES, TEXTBOOKS AND  INSTRUCTIONAL  MATERIALS,
 TECHNOLOGY  AND  ELECTRONIC  DEVICES,  AND  PERSONAL  EXPENSES INCLUDING
 CLOTHING, FOOD, OR MEDICAL, VISION, AND DENTAL INSURANCE.
   5. DURATION. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE
 THAN FOUR ACADEMIC  YEARS  OF  FULL-TIME  UNDERGRADUATE  STUDY  OR  FIVE
 ACADEMIC  YEARS IF THE PROGRAM OF STUDY NORMALLY REQUIRES FIVE YEARS. AN
 ELIGIBLE RECIPIENT ENROLLED IN AN ELIGIBLE  TWO-YEAR  PROGRAM  OF  STUDY
 SHALL NOT RECEIVE AN AWARD FOR MORE THAN TWO ACADEMIC YEARS.
   6.  RECIPIENT  SELECTION. THE PRESIDENT MAY ESTABLISH: (A) AN APPLICA-
 TION DEADLINE AND (B) A METHOD OF  SELECTING  RECIPIENTS  IN  ACCORDANCE
 WITH  THE  DEMONSTRATED  FINANCIAL  NEEDS IF IN ANY GIVEN YEAR THERE ARE
 INSUFFICIENT FUNDS TO COVER THE NEEDS OF ALL APPLICANTS AS DETERMINED BY

 A. 9506--A                         99

 THE CORPORATION, PROVIDED THAT  PRIORITY  SHALL  BE  GIVEN  TO  ELIGIBLE
 APPLICANTS  WHO  HAVE  RECEIVED  AN  AWARD PURSUANT TO THIS SECTION IN A
 PRIOR YEAR.
   7.  OTHER  AWARDS.  RECIPIENTS  SHALL  BE  ELIGIBLE TO APPLY FOR OTHER
 AWARDS UNDER THIS ARTICLE. AWARDS PURSUANT TO THIS SECTION SHALL NOT  BE
 INCLUDED  WITHIN THE CALCULATION FOR DETERMINING A STUDENT'S ELIGIBILITY
 OR AWARD AMOUNT FOR AN EXCELSIOR SCHOLARSHIP  PURSUANT  TO  SECTION  SIX
 HUNDRED SIXTY-NINE-H OF THIS SUBPART OR AN ENHANCED TUITION AWARD PURSU-
 ANT TO SECTION SIX HUNDRED SIXTY-SEVEN-D OF THIS SUBPART.
   8.  RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE
 RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS,  NECES-
 SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   § 2. This section shall take effect immediately.
 
                                  PART Y
 
   Section 1. Paragraphs a and d of subdivision 1 of section 667-d of the
 education  law,  as  added by section 1 of part III of chapter 59 of the
 laws of 2017, are amended to read as follows:
   a. Establishment. Enhanced tuition awards are available  for  students
 who are enrolled in approved programs in private [not-for-profit] degree
 granting  institutions OF HIGHER EDUCATION except those institutions set
 forth in paragraph b of subdivision four of section six  hundred  sixty-
 one of this part and who demonstrate the ability to complete such cours-
 es,  in  accordance  with  standards  established  by  the commissioner;
 provided, that, no award shall exceed one hundred percent of the  amount
 of tuition charged.
   d.  Credit  requirements.  An award shall be made to an applicant who:
 (i) if enrolled in (A) a private DEGREE GRANTING institution  of  higher
 education  prior  to application, has completed at least thirty combined
 credits per year following the student's start date, or its  equivalent,
 applicable  to  his  or her program or programs of study or (B) a public
 DEGREE GRANTING institution of higher education  prior  to  application,
 has  completed  at  least thirty combined credits per year following the
 student's start date, or  its  equivalent,  applicable  to  his  or  her
 program  or programs of study and which were accepted upon transfer to a
 private DEGREE GRANTING institution of higher education; (ii) enrolls in
 at least twelve credits per  semester  and  completes  at  least  thirty
 combined  credits  per  year  following the student's start date, or its
 equivalent, applicable to his or her program or programs of study except
 in limited circumstances as prescribed by the corporation in regulation.
 Notwithstanding, in the student's last semester, the student may take at
 least one course needed to meet his or her graduation  requirements  and
 enroll  in  and complete at least twelve credit hours or its equivalent.
 For students who are disabled as defined by the Americans With Disabili-
 ties Act of 1990, 42 USC 12101, the corporation  shall  prescribe  rules
 and  regulations  that  allow applicants who are disabled to be eligible
 for an award pursuant to this section based on modified criteria.
   § 2. This act shall take effect immediately.
 
                                  PART Z

   Section 1. Paragraph (d) of subdivision 1 of section 332 of the social
 services law, as amended by section 148 of part B of chapter 436 of  the
 laws of 1997, is amended to read as follows:

 A. 9506--A                         100
 
   (d)  a parent or other relative of a child who is personally providing
 care for such child under one year of  age  [for  a  maximum  period  of
 twelve  months,  only three months of which shall be attributable to any
 one child, except as otherwise extended up to the twelve month period by
 the social services official];
   §  2.  Subdivision  2  of section 410-x of the social services law, as
 amended by chapter 416 of the laws  of  2000,  is  amended  to  read  as
 follows:
   2.  (a)  A  social  services district may establish priorities for the
 families which will be eligible to receive funding;  provided  that  the
 priorities  provide that eligible families will receive equitable access
 to child care assistance funds to the extent that these funds are avail-
 able.
   (b) A social services district shall  set  forth  its  priorities  for
 child  care assistance in the district's consolidated services plan. The
 commissioner of the office of children and  family  services  shall  not
 approve  any  plan  that  does not provide for equitable access to child
 care assistance funds.
   (c) A social services  district  shall  be  authorized  to  set  aside
 portions  of  its  block  grant  allocation  to serve one or more of its
 priority groups and/or to discontinue funding  to  families  with  lower
 priorities  in  order to serve families with higher priorities; provided
 that the method of disbursement to priority groups provides that  eligi-
 ble  families  within  a priority group will receive equitable access to
 child care assistance funds to the extent that these  funds  are  avail-
 able.
   (d)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
 COMMISSIONER IN ANY SOCIAL SERVICES DISTRICT THAT DOES NOT  HAVE  SUFFI-
 CIENT  FUNDING  TO SERVE ALL ELIGIBLE WORKING FAMILIES UNDER TWO HUNDRED
 PERCENT OF THE STATE INCOME STANDARD, SHALL OFFER THE TWELVE MONTH  WORK
 EXEMPTION  PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE
 HUNDRED THIRTY-TWO OF THIS CHAPTER, TO ALL PARENTS OR OTHER RELATIVES IN
 RECEIPT OF PUBLIC ASSISTANCE WHO ARE PERSONALLY  PROVIDING  CARE  FOR  A
 CHILD  UNDER  ONE YEAR OF AGE REGARDLESS OF WHETHER SUCH PARENT OR OTHER
 RELATIVE HAS PREVIOUSLY BEEN OFFERED AN  EXEMPTION  UNDER  SUCH  SECTION
 THREE  HUNDRED  THIRTY-TWO.  THIS SECTION SHALL NOT APPLY TO INDIVIDUALS
 WHO:
   (I) SOLELY PARTICIPATE IN WORK ACTIVITIES THAT PROVIDE EARNED  INCOME;
 OR
   (II)  PARTICIPATE IN A COMBINATION OF WORK ACTIVITIES; FOR THE PORTION
 OF WORK ACTIVITIES THAT PROVIDE EARNED INCOME.
   (E) IN THE EVENT THAT A  SOCIAL  SERVICES  DISTRICT  MUST  DISCONTINUE
 FUNDING  TO  A PRIORITY GROUP IT SHALL NOTIFY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES WITHIN TEN DAYS OF SUCH ACTION, IDENTIFYING THE  PARTIC-
 ULAR  GROUP  AFFECTED. IN THE EVENT THAT FUNDING IS RESTORED, THE SOCIAL
 SERVICES DISTRICT  SHALL  NOTIFY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES WITHIN TEN DAYS OF SUCH RESTORATION.
   (F)  Each  social  services  district  shall collect and submit to the
 commissioner of the office of children and family services in  a  manner
 to be specified by the commissioner of the office of children and family
 services  information  concerning the disbursement of child care assist-
 ance funds showing geographic distribution of children receiving assist-
 ance within the district, THE NUMBER OF WORKING FAMILIES WHO WERE OTHER-
 WISE ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE  THE
 DISTRICT  LACKED  SUFFICIENT  FUNDING TO SERVE ALL ELIGIBLE FAMILIES AND
 THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT.

 A. 9506--A                         101
 
   [(e)] (G) The commissioner  of  the  office  of  children  and  family
 services  shall  submit a report to the governor, temporary president of
 the senate and the speaker of the assembly on or before  August  thirty-
 first[, two thousand one] OF EVERY YEAR concerning the implementation of
 this  section.  This  report  shall  include  information concerning the
 disbursement of child care assistance funds showing geographic  distrib-
 ution  of  children  receiving  assistance  within  the state. BEGINNING
 AUGUST THIRTY-FIRST, ONE YEAR AFTER THE CHAPTER OF THE LAWS OF TWO THOU-
 SAND EIGHTEEN THAT AMENDED THIS SUBDIVISION SHALL TAKE EFFECT, AND  EACH
 SUBSEQUENT REPORT THEREAFTER, SUCH REPORT SHALL ALSO:
   (I)  IDENTIFY  THE COUNTIES THAT HAVE DISCONTINUED OR RESTORED FUNDING
 TO PRIORITY GROUPS, AS SET FORTH IN SUBDIVISION (E) OF THIS SECTION;
   (II) LIST THE PRIORITY GROUPS AFFECTED;
   (III) PROVIDE FOR EACH COUNTY FOR EACH OF THE TWELVE MONTHS COVERED BY
 THIS REPORT THE NUMBER OF WORKING FAMILIES WHO WERE  OTHERWISE  ELIGIBLE
 FOR  CHILD  CARE  ASSISTANCE  BUT  WHO  WERE DENIED BECAUSE THE DISTRICT
 LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES; AND
   (IV) THE NUMBER AND AGE OF CHILDREN WHO  COULD  NOT  BE  SERVED  AS  A
 RESULT.
   § 3. This act shall take effect April 1, 2018.
 
                                  PART AA
 
   Section 1. Section 54-m of the state finance law is REPEALED and a new
 section 54-m is added to read as follows:
   § 54-M. LOCAL SHARE REQUIREMENTS ASSOCIATED WITH INCREASING THE AGE OF
 JUVENILE  JURISDICTION  ABOVE  FIFTEEN YEARS OF AGE. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, COUNTIES AND  THE  CITY  OF  NEW
 YORK  SHALL  NOT  BE  REQUIRED  TO  CONTRIBUTE A LOCAL SHARE OF ELIGIBLE
 EXPENDITURES THAT WOULD NOT HAVE BEEN INCURRED ABSENT THE PROVISIONS  OF
 CHAPTER  FIFTY-NINE OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT INCREASED
 THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
   § 2. Section 104-a of part WWW of chapter 59  of  the  laws  of  2017,
 relating  to  proceedings  against  juvenile  and  adolescent offenders,
 relating to costs associated with the transport of youth is REPEALED.
   § 3. Notwithstanding any other provision of law to the contrary, state
 funding shall be available for one hundred percent of a  county's  costs
 associated with transport of youth by the applicable county sheriff that
 would not otherwise have occurred absent the provisions of chapter 59 of
 the  laws  of 2017 that increased the age of juvenile jurisdiction above
 fifteen years of age.
   § 4. This act shall take effect immediately provided:
   (a) section one of this act shall take effect April 1, 2018; and
   (b) section three of this act shall be deemed to be in full force  and
 effect on and after April 1, 2017.
 
                                  PART BB
 
   Section  1.  Subdivision  1  of section 669-e of the education law, as
 added by section 1 of part G of chapter 56  of  the  laws  of  2014,  is
 amended to read as follows:
   1.  Undergraduate  students who are matriculated in an approved under-
 graduate program leading to a career in science, technology, engineering
 or mathematics at a New York state [public institution of higher  educa-
 tion]  COLLEGE  AS DEFINED IN SUBDIVISION TWO OF SECTION SIX HUNDRED ONE
 OF THIS TITLE shall  be  eligible  for  an  award  under  this  section,

 A. 9506--A                         102
 
 provided  the applicant: (a) graduates from a high school located in New
 York state during or after the two  thousand  thirteen--fourteen  school
 year;  and  (b)  graduates within the top ten percent of his or her high
 school  class; and (c) enrolls in full-time study each term beginning in
 the fall term after his or her high school  graduation  in  an  approved
 undergraduate  program  in science, technology, engineering or mathemat-
 ics, as defined by the corporation, at a New York state [public institu-
 tion of higher education] COLLEGE  AS  DEFINED  IN  SUBDIVISION  TWO  OF
 SECTION SIX HUNDRED ONE OF THIS TITLE; and (d) signs a contract with the
 corporation  agreeing  that  his  or  her  award  will be converted to a
 student loan in the event the student fails to comply with the terms  of
 this  program  as set forth in subdivision four of this section; and (e)
 complies with the applicable provisions of this article and all require-
 ments promulgated by the  corporation  for  the  administration  of  the
 program.
   § 2. This act shall take effect immediately.
 
                                  PART CC
 
   Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
 tion law is amended by adding a new subparagraph 3-a to read as follows:
   (3-A) UPON A FORMAL DECLARATION OF A DISASTER IN ACCORDANCE  WITH  THE
 ROBERT  T.  STAFFORD  DISASTER  RELIEF AND EMERGENCY ASSISTANCE ACT, THE
 STATE UNIVERSITY TRUSTEES SHALL BE AUTHORIZED TO SET A REDUCED  RATE  OF
 TUITION  AND/OR  FEES FOR RESIDENTS OF THE AREA IMPACTED BY THE DECLARA-
 TION PROVIDED THAT SUCH REDUCED RATE OF TUITION AND FEES IS NO LESS THAN
 THAT IMPOSED FOR STUDENTS WHO ARE RESIDENTS OF THE STATE.
   § 2. Section 6305 of the education law is  amended  by  adding  a  new
 subdivision 8-a to read as follows:
   8-A.  UPON  A  FORMAL DECLARATION OF A DISASTER IN ACCORDANCE WITH THE
 ROBERT T. STAFFORD DISASTER  RELIEF  AND  EMERGENCY  ASSISTANCE  ACT,  A
 COMMUNITY  COLLEGE  SHALL BE AUTHORIZED TO SET A REDUCED RATE OF TUITION
 AND/OR FEES FOR RESIDENTS  OF  THE  AREA  IMPACTED  BY  THE  DECLARATION
 PROVIDED  THAT SUCH REDUCED RATE OF TUITION AND FEES IS NO LESS THAN THE
 TUITION RATE  CHARGED FOR RESIDENTS AS APPROVED BY THE STATE  UNIVERSITY
 TRUSTEES.
   § 3. This act shall take effect immediately.
 
                                  PART DD
 
   Section  1. The social services law is amended by adding a new section
 131-bb to read as follows:
   § 131-BB. HOMELESS RENTAL SUPPLEMENT PILOT PROGRAM. 1.  ESTABLISHMENT.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  PARTICIPAT-
 ING  LOCAL  SOCIAL  SERVICES DISTRICTS SHALL ESTABLISH A HOMELESS RENTAL
 SUPPLEMENT PILOT  PROGRAM  FOR  ELIGIBLE  INDIVIDUALS  AND  FAMILIES  IN
 ACCORDANCE WITH THIS SECTION.
   2.  HOMELESS  RENTAL  SUPPLEMENT.  (A) ON AND AFTER OCTOBER FIRST, TWO
 THOUSAND EIGHTEEN, PARTICIPATING LOCAL SOCIAL SERVICES DISTRICTS  SHALL,
 WITHIN  AMOUNTS  APPROPRIATED THEREFOR, PROVIDE A SUPPLEMENT TO ELIGIBLE
 INDIVIDUALS AND  FAMILIES  AS  DEFINED  IN  SUBDIVISION  THREE  OF  THIS
 SECTION,  THAT,  IN ADDITION TO THEIR SHELTER ALLOWANCE, IS EQUAL TO ONE
 HUNDRED PERCENT OF THE FAIR MARKET RENT IN THE DISTRICT, AS  ESTABLISHED
 BY  THE  TWO  THOUSAND  EIGHTEEN FEDERAL DEPARTMENT OF HOUSING AND URBAN
 DEVELOPMENT, FOR THE PARTICULAR HOUSEHOLD COMPOSITION. PROVIDED HOWEVER,
 NOTHING HEREIN SHALL  REQUIRE  A  PARTICIPATING  LOCAL  SOCIAL  SERVICES

 A. 9506--A                         103

 DISTRICT  TO  PROVIDE  A SHELTER SUPPLEMENT THAT IS MORE THAN THE ACTUAL
 COST OF RENT. THE SHELTER SUPPLEMENT SHALL BE ISSUED BY THE LOCAL SOCIAL
 SERVICES DISTRICT DIRECTLY TO THE LANDLORD OR VENDOR AND  SHALL  NOT  BE
 CONSIDERED  AS  PART OF THE STANDARD OF NEED AS DEFINED IN PARAGRAPH (B)
 OF SUBDIVISION TEN OF SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE.
   (B) INDIVIDUALS NOT IN RECEIPT OF PUBLIC  ASSISTANCE,  RESIDING  IN  A
 HOUSEHOLD THAT IS BENEFITING FROM SUCH SUPPLEMENT SHALL CONTRIBUTE THIR-
 TY  PERCENT  OF THEIR GROSS INCOME, OR THEIR PRO RATA SHARE OF THE RENT,
 WHICHEVER IS LESS. MINOR CHILDREN WITHOUT INCOME SHALL NOT BE COUNTED IN
 THE PRO RATA SHARE EQUATION. IN ADDITION, THE INCOME OF  MINOR  CHILDREN
 SHALL NOT BE CONSIDERED PART OF THE GROSS INCOME.
   3.  ELIGIBILITY.  FOR THE PURPOSES OF THIS SECTION, "ELIGIBLE INDIVID-
 UALS AND FAMILIES" SHALL MEAN INDIVIDUALS AND  FAMILIES  RESIDING  IN  A
 PARTICIPATING LOCAL SOCIAL SERVICES DISTRICT WHO ARE ELIGIBLE FOR PUBLIC
 ASSISTANCE  AND  ARE  EITHER  HOMELESS  AND  LACK  A FIXED, REGULAR, AND
 ADEQUATE NIGHTTIME RESIDENCE, INCLUDING BUT NOT LIMITED TO, THE FORMERLY
 INCARCERATED RETURNING TO THE COMMUNITY WHO LACK SUCH RESIDENCE, OR  ARE
 AT  IMMINENT  RISK  OF  BECOMING  HOMELESS. A PARTICIPATING LOCAL SOCIAL
 SERVICES DISTRICT MAY ESTABLISH PRIORITY GROUPS FOR ELIGIBLE INDIVIDUALS
 AND FAMILIES DEPENDING ON THE NEED  WITHIN  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT.
   4.   SUPPLEMENT  AVAILABILITY.  PARTICIPATING  LOCAL  SOCIAL  SERVICES
 DISTRICTS SHALL PROVIDE THE SUPPLEMENT TO ELIGIBLE INDIVIDUALS AND FAMI-
 LIES FOR A PERIOD OF THREE YEARS, PROVIDED HOWEVER, THAT IF  SUCH  INDI-
 VIDUALS  OR  FAMILIES  ARE NO LONGER ELIGIBLE FOR PUBLIC ASSISTANCE, THE
 LOCAL SOCIAL SERVICES DISTRICT SHALL CONTINUE TO PROVIDE THE  SUPPLEMENT
 FOR  ONE  YEAR  FROM THE DATE OF SUCH DETERMINATION OF INELIGIBILITY, SO
 LONG AS THE INCOME OF SUCH INDIVIDUAL OR  FAMILY  DOES  NOT  EXCEED  TWO
 HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL.
   5.  SANCTION STATUS. THE SUPPLEMENT SHALL NOT BE AFFECTED BY A RECIPI-
 ENT'S SANCTION STATUS.
   6. REPORT. (A) EACH PARTICIPATING LOCAL SOCIAL SERVICES DISTRICT SHALL
 CONTRACT WITH A NOT-FOR-PROFIT AGENCY WITH PREVIOUS EXPERIENCE INTERACT-
 ING WITH AND ASSISTING HOMELESS INDIVIDUALS AND FAMILIES TO EVALUATE THE
 HOMELESS RENTAL SUPPLEMENT PILOT PROGRAM. SUCH  REPORTS  SHALL  IDENTIFY
 AND  EVALUATE,  TO THE EXTENT PRACTICABLE, THE NUMBER OF INDIVIDUALS AND
 FAMILIES WHO RECEIVED A SUPPLEMENT; FACTORS CONTRIBUTING TO THE  PARTIC-
 IPANTS'  HOMELESSNESS; WHETHER ANY PRIORITY GROUPS WERE IDENTIFIED TO BE
 SERVED AND THE REASON FOR SUCH PRIORITIZATION; THE PROGRAM'S  EFFECTIVE-
 NESS IN KEEPING INDIVIDUALS AND FAMILIES RECEIVING THE SUPPLEMENT STABLY
 HOUSED;  ESTIMATED AVOIDED COSTS FROM SUCH STABILITY, INCLUDING, BUT NOT
 LIMITED TO AVOIDED COSTS IN TEMPORARY SHELTER; IMPROVED OUTCOMES FOR THE
 INDIVIDUALS AND FAMILIES RECEIVING THE  SUPPLEMENT  AS  IT  PERTAINS  TO
 EDUCATION AND ATTENDANCE AT SCHOOL, WHERE APPLICABLE, JOB RETENTION, AND
 HEALTH, AND GENERAL WELL-BEING OF INDIVIDUALS AND FAMILIES RECEIVING THE
 SUPPLEMENT, COMPARED TO SIMILARLY SITUATED INDIVIDUALS NOT IN RECEIPT OF
 THE  SUPPLEMENT;  AND ANY OTHER INFORMATION THE CONTRACTED AGENCIES DEEM
 RELEVANT AND NECESSARY FOR A COMPREHENSIVE EVALUATION  OF  THE  HOMELESS
 RENTAL SUPPLEMENT.
   (B)  SUCH CONTRACTED AGENCIES SHALL ISSUE AN INITIAL REPORT ON JANUARY
 FIRST, TWO THOUSAND TWENTY AND A FINAL  REPORT  ON  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-TWO  TO  THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE
 TEMPORARY PRESIDENT OF THE SENATE, THE CHAIRS OF THE SENATE AND ASSEMBLY
 SOCIAL SERVICES COMMITTEES, THE CHAIRS OF THE ASSEMBLY  WAYS  AND  MEANS
 COMMITTEE AND THE SENATE FINANCE COMMITTEE.

 A. 9506--A                         104
 
   §  2. This act shall take effect October 1, 2018. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed by the commissioner of the office of
 temporary and disability assistance on or before such date.
 
                                  PART EE
 
   Section 1. Section 131 of the social services law is amended by adding
 a new subdivision 21 to read as follows:
   21.  (A)(I)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGU-
 LATION TO THE CONTRARY, A LOCAL SOCIAL SERVICES DISTRICT  WITH  A  POPU-
 LATION  OF  FIVE  MILLION OR MORE SHALL OFFER A SAVINGS PLAN APPROVED BY
 THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, WHICH INDIVIDUALS MAY
 CONTRIBUTE TO IN LIEU OF APPLYING  A  PORTION  OF  A  TEMPORARY  HOUSING
 ASSISTANCE  RECIPIENT'S EARNED INCOME THAT, BUT FOR THE OTHER PROVISIONS
 OF THIS SUBDIVISION, WOULD BE APPLIED TO REDUCE THE NEED FOR THE SHELTER
 COMPONENT OF TEMPORARY HOUSING ASSISTANCE PROVIDED IN A TEMPORARY  EMER-
 GENCY SHELTER.
   (II)  INDIVIDUALS  OR FAMILIES IN RECEIPT OF TEMPORARY HOUSING ASSIST-
 ANCE WHO ARE PARTICIPATING IN A PLAN AS ESTABLISHED BY THIS  SUBDIVISION
 SHALL  NOT  BE DENIED OR HAVE THEIR TEMPORARY HOUSING ASSISTANCE DISCON-
 TINUED IF THEY FAIL TO IMMEDIATELY PARTICIPATE IN SUCH PLAN.
   (III) ANY EARNED INCOME CONTRIBUTED BY  AN  INDIVIDUAL  OR  FAMILY  IN
 RECEIPT OF TEMPORARY HOUSING ASSISTANCE TO A SAVINGS PLAN ESTABLISHED BY
 THIS SUBDIVISION, SHALL BE PAYABLE ONLY TO SUCH INDIVIDUAL OR FAMILY AND
 MAY  BE USED TO FACILITATE THEIR TRANSITION TO, OR STABILIZE THEIR RESI-
 DENCE IN, PERMANENT HOUSING. SUCH INCOME SHALL BE CONSIDERED  EXEMPT  AS
 INCOME  OR  A  RESOURCE  UNTIL  THE TWELFTH MONTH FOLLOWING THE MONTH IN
 WHICH THE INDIVIDUAL OR  FAMILY  CEASES  TO  RECEIVE  TEMPORARY  HOUSING
 ASSISTANCE IN A TEMPORARY EMERGENCY SHELTER.
   (B)  ANY  OTHER  LOCAL  SOCIAL SERVICES DISTRICT MAY IMPLEMENT A PLAN,
 UPON APPROVAL FROM THE OFFICE OF  TEMPORARY  AND  DISABILITY  ASSISTANCE
 THAT  WOULD  ASSIST HOMELESS INDIVIDUALS OR FAMILIES RECEIVING TEMPORARY
 HOUSING ASSISTANCE TO FACILITATE THEIR TRANSITION TO, OR STABILIZE THEIR
 RESIDENCE IN, PERMANENT HOUSING. PROVIDED THAT ANY PLAN ESTABLISHED BY A
 LOCAL SOCIAL SERVICES DISTRICT SHALL, AT A MINIMUM INCLUDE THE  ELEMENTS
 IN SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) ANY LOCAL SOCIAL SERVICES DISTRICT IMPLEMENTING A PLAN PURSUANT TO
 THIS  SUBDIVISION SHALL BE DEEMED IN COMPLIANCE WITH SECTION ONE HUNDRED
 THIRTY-ONE-A OF THIS TITLE FOR REIMBURSEMENT OF  EXPENDITURES  MADE  FOR
 TEMPORARY  HOUSING  ASSISTANCE,  PROVIDED  SUCH  LOCAL  SOCIAL  SERVICES
 DISTRICT  IS  IMPLEMENTING  THE  PLAN  FULLY  IN  ACCORDANCE  WITH   THE
 PROVISIONS OF THIS SUBDIVISION.
   § 2. This act shall take effect April 1, 2018.
 
                                  PART FF
 
   Section  1.  Subdivision  1  of  section 2851 of the education law, as
 amended by chapter 101 of the laws  of  2010,  is  amended  to  read  as
 follows:
   1.  An  application  to establish a charter school may be submitted by
 teachers, parents, school administrators,  community  residents  or  any
 combination  thereof.  Such application may be filed in conjunction with
 a college, university, museum, educational  institution,  not-for-profit
 corporation  exempt from taxation under paragraph 3 of subsection (c) of

 A. 9506--A                         105

 section 501 of the internal  revenue  code  or  for-profit  business  or
 corporate  entity  authorized to do business in New York state. Provided
 however, for-profit business or corporate entities shall not be eligible
 to  submit  an  application  to  establish  a charter school pursuant to
 subdivision nine-a of section twenty-eight  hundred  fifty-two  of  this
 article,  or  operate  or  manage  a charter school for a charter issued
 pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
 of this article. For charter schools established in conjunction  with  a
 for-profit  OR  NOT-FOR-PROFIT business or corporate entity, the charter
 shall specify the extent of the entity's participation in the management
 and operation of the school.
   § 2. Paragraph (h) of subdivision 2 of section 2851 of  the  education
 law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
 follows:
   (h) The rules and procedures by which students  may  be  disciplined[,
 including  but  not  limited to expulsion or suspension from the school,
 which shall be consistent with the requirements of due process and  with
 federal  laws  and  regulations governing the placement of students with
 disabilities] SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISIONS
 TWO-A, THREE AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF  THIS
 CHAPTER.  THE  CHARTERS  OF  ALL  CHARTER SCHOOLS THAT WERE ISSUED ON OR
 BEFORE JULY FIRST, TWO THOUSAND EIGHTEEN  SHALL  BE  DEEMED  AMENDED  TO
 REQUIRE  COMPLIANCE WITH THE PROCEDURES SET FORTH IN SUBDIVISIONS TWO-A,
 THREE AND  THREE-A  OF  SECTION  THIRTY-TWO  HUNDRED  FOURTEEN  OF  THIS
 CHAPTER.
   §  3.  Paragraph (e) of subdivision 4 of section 2851 of the education
 law, as added by chapter 101 of the laws of 2010, is amended to read  as
 follows:
   (e)  The  means  by  which  the charter school will meet or exceed THE
 enrollment [and retention targets as prescribed by the board of  regents
 or  the board of trustees of the state university of New York, as appli-
 cable, of students with disabilities,  English  language  learners,  and
 students  who  are  eligible  applicants  for the free and reduced price
 lunch program which shall be considered by the charter entity  prior  to
 approving such charter school's application for renewal. When developing
 such  targets,  the  board  of  regents and the board of trustees of the
 state university of New York  shall  ensure  (1)  that  such  enrollment
 targets  are  comparable to the enrollment figures of such categories of
 students attending the public schools within the school district, or  in
 a  city  school district in a city having a population of one million or
 more inhabitants, the community school district, in  which  the  charter
 school is located; and (2) that such retention targets are comparable to
 the  rate  of  retention  of  such  categories of students attending the
 public schools within the school district, or in a city school  district
 in  a  city  having a population of one million or more inhabitants, the
 community school district, in which the proposed charter school would be
 located] REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF  SUBDIVI-
 SION  TWO OF SECTION TWO THOUSAND EIGHT HUNDRED FIFTY-FOUR OF THIS ARTI-
 CLE.
   Such renewal application shall be submitted to the charter  entity  no
 SOONER THAN ONE CALENDAR YEAR PRIOR TO THE EXPIRATION OF THE CHARTER AND
 NO  later  than  six  months  prior  to  the  expiration of the charter;
 provided, however, that the charter entity may waive such  deadline  for
 good cause shown.

 A. 9506--A                         106
 
   § 4. Subdivision 2 of section 2852 of the education law, as amended by
 section  2  of part D-2 of chapter 57 of the laws of 2007, is amended to
 read as follows:
   2.  An  application  for a charter school shall not be approved unless
 the charter entity finds IN WRITING that:
   (a) the charter school described in the application meets the require-
 ments set out in this article and all other applicable laws,  rules  and
 regulations;
   (b) the applicant can demonstrate the ability to operate the school in
 an educationally and fiscally sound manner;
   (c) granting the application is likely to improve student learning and
 achievement  and  materially further the purposes set out in subdivision
 two of section twenty-eight hundred fifty of this article; and
   (d) in a school  district  where  the  total  enrollment  of  resident
 students attending charter schools in the base year is greater than five
 percent  of the total public school enrollment of the school district in
 the base year (i) granting the  application  would  have  a  significant
 educational  benefit  to  the  students  expected to attend the proposed
 charter school [or] AND (ii) the school district in  which  the  charter
 school will be located consents to such application.
   In  reviewing  applications,  the charter entity is encouraged to give
 preference to applications that demonstrate the  capability  to  provide
 comprehensive  learning experiences to students identified by the appli-
 cants as at risk of academic failure.   UPON MAKING A  DETERMINATION  OF
 WHETHER AN APPLICATION FOR A CHARTER SCHOOL SHALL BE APPROVED, THE CHAR-
 TER  ENTITY  SHALL  PROVIDE DETAILED WRITTEN FINDINGS RELATED TO EACH OF
 THE REQUIREMENTS IN THIS SUBDIVISION, WHICH SHALL BE MADE  AVAILABLE  TO
 THE  CHARTER  SCHOOL APPLICANT, BOARD OF REGENTS AND THE SCHOOL DISTRICT
 IN WHICH THE PROPOSED CHARTER SCHOOL WOULD BE LOCATED.
   § 5. Subdivision 5 of section 2852 of the education law, as amended by
 chapter 101 of the laws of 2010, is amended to read as follows:
   5. (A) Upon approval of an application by a charter entity, the appli-
 cant and charter entity shall enter into a proposed  agreement  allowing
 the  applicants  to  organize and operate a charter school. Such written
 agreement, known as the charter, shall include [(a)] (I) the information
 required by subdivision two of section twenty-eight hundred fifty-one of
 this article, as modified or supplemented during the  approval  process,
 [(b)]  (II) in the case of charters to be issued pursuant to subdivision
 nine-a of this section, information required by such subdivision,  [(c)]
 (III)  A  PROVISION  PROHIBITING  THE CHARTER SCHOOL FROM ENTERING INTO,
 RENEWING OR EXTENDING ANY AGREEMENT WITH A FOR-PROFIT OR  NOT-FOR-PROFIT
 BUSINESS OR OTHER CORPORATE ENTITY FOR THE ADMINISTRATION, MANAGEMENT OR
 OPERATION OF THE CHARTER SCHOOL UNLESS THE AGREEMENT REQUIRES SUCH ENTI-
 TY  TO  PROVIDE  STATE  AND LOCAL OFFICERS HAVING THE POWER TO AUDIT THE
 CHARTER SCHOOL PURSUANT TO THIS ARTICLE  WITH  ACCESS  TO  THE  ENTITY'S
 RECORDS  RELATING TO THE COSTS OF, AND FEES FOR, PROVIDING SUCH SERVICES
 TO THE SCHOOL, (IV) any other terms or conditions required by applicable
 laws, rules and regulations, and [(d)] any other  terms  or  conditions,
 not  inconsistent with law, agreed upon by the applicant and the charter
 entity. In addition, the charter shall include the specific  commitments
 of  the charter entity relating to its obligations to oversee and super-
 vise the charter school. Within five days after entering into a proposed
 charter, the charter entity other than the board of regents shall submit
 to the board of regents a copy  of  the  charter,  the  application  and
 supporting documentation for final approval and issuance by the board of

 A. 9506--A                         107
 
 regents  in  accordance  with  subdivisions  five-a  and  five-b of this
 section.
   (B) NO CHARTER SCHOOL HAVING A CHARTER THAT WAS ISSUED AND APPROVED ON
 OR  BEFORE  THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL ENTER INTO, RENEW
 OR EXTEND THE DURATION OF ANY AGREEMENT WITH A  FOR-PROFIT  OR  NOT-FOR-
 PROFIT  BUSINESS  OR CORPORATE ENTITY FOR THE ADMINISTRATION, MANAGEMENT
 OR OPERATION OF THE CHARTER SCHOOL UNLESS THE  AGREEMENT  REQUIRES  SUCH
 ENTITY TO PROVIDE STATE AND LOCAL OFFICERS HAVING THE POWER TO AUDIT THE
 CHARTER  SCHOOL  PURSUANT  TO  THIS  ARTICLE WITH ACCESS TO THE ENTITY'S
 RECORDS RELATING TO THE COSTS OF, AND FEES FOR, PROVIDING SUCH  SERVICES
 TO  THE  SCHOOL.  ANY  AGREEMENT  ENTERED  INTO,  RENEWED OR EXTENDED IN
 VIOLATION OF THIS SECTION SHALL BE NULL, VOID AND WHOLLY  UNENFORCEABLE,
 AND  A  VIOLATION  OF  THIS  SECTION  SHALL BE GROUNDS FOR REVOCATION OR
 TERMINATION OF  A  CHARTER  PURSUANT  TO  SECTION  TWENTY-EIGHT  HUNDRED
 FIFTY-FIVE OF THIS ARTICLE.
   §  6.  Subparagraph (i) of paragraph (b) of subdivision 9-a of section
 2852 of the education law, as amended by section 2 of subpart A of  part
 B of chapter 20 of the laws of 2015, is amended to read as follows:
   (i)  that the proposed charter school would meet or exceed THE enroll-
 ment [and retention targets, as prescribed by the board  of  regents  or
 the  board  of trustees of the state university of New York, as applica-
 ble, of students  with  disabilities,  English  language  learners,  and
 students  who  are  eligible  applicants  for the free and reduced price
 lunch program. When developing such targets, the board  of  regents  and
 the  board of trustees of the state university of New York, shall ensure
 (1) that such  enrollment  targets  are  comparable  to  the  enrollment
 figures  of  such  categories  of  students attending the public schools
 within the school district, or in a  city  school  district  in  a  city
 having  a  population  of one million or more inhabitants, the community
 school district, in which the proposed charter school would be  located;
 and  (2)  that  such  retention  targets  are  comparable to the rate of
 retention of such categories of students attending  the  public  schools
 within  the  school  district,  or  in  a city school district in a city
 having a population of one million or more  inhabitants,  the  community
 school  district, in which the proposed charter school would be located]
 REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF
 SECTION TWO THOUSAND EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE; and
   § 7. Section 2853 of the education law is  amended  by  adding  a  new
 subdivision 2-b to read as follows:
   2-B. IN ANY CASE WHERE A CHARTER SCHOOL ENTERS INTO, RENEWS OR EXTENDS
 ANY  AGREEMENT WITH A FOR-PROFIT OR NOT-FOR-PROFIT BUSINESS OR CORPORATE
 ENTITY FOR THE ADMINISTRATION, MANAGEMENT  OR  OPERATION  OF  A  CHARTER
 SCHOOL,  THE  CHARTER  SCHOOL IS REQUIRED TO HAVE A FORMAL CONTRACT WITH
 SUCH ENTITY. ANY SUCH CONTRACT SHALL BE REVIEWED  AND  APPROVED  BY  THE
 CHARTER ENTITY.
   §  8.  Paragraph (a) of subdivision 3 of section 2853 of the education
 law, as amended by chapter 101 of the laws of 2010, is amended  to  read
 as follows:
   (a)  A  charter  school  may  be located in part of an existing public
 school building, in space provided on a private work site, in  a  public
 building  or in any other suitable location. Provided, however, before a
 charter school may be located in  part  of  an  existing  public  school
 building,  the  charter  entity  shall  provide notice to the parents or
 guardians of the students then enrolled in the existing school  building
 and  shall hold a public hearing for purposes of discussing the location
 of the charter school.  ALL  CONTRACTS  ENTERED  INTO  BY  SUCH  CHARTER

 A. 9506--A                         108
 
 SCHOOL; ANY EDUCATION CORPORATION ORGANIZED TO OPERATE A CHARTER SCHOOL;
 ANY  PUBLIC  ENTITY  INCLUDING  THE STATE, A PUBLIC BENEFIT CORPORATION,
 MUNICIPAL CORPORATION; OR ANY PRIVATE ENTITY ACTING ON BEHALF OF ANY  OF
 THESE  ENTITIES, INVOLVING THE CONSTRUCTION, RECONSTRUCTION, DEMOLITION,
 EXCAVATION, REHABILITATION, REPAIR, RENOVATION,  OR  ALTERATION  OF  ANY
 CHARTER  SCHOOL FACILITY SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION
 ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW AND  ARTICLES  EIGHT  AND
 NINE  OF  THE  LABOR  LAW.  A  charter school may own, lease or rent its
 space.
   § 9. Paragraph (c) of subdivision 4 of section 2853 of  the  education
 law,  as  amended  by  section 1 of part BB of chapter 56 of the laws of
 2014, is amended to read as follows:
   (c) A charter school may contract with the governing body of a  public
 college  or university for the use of a school building and grounds, the
 operation and maintenance thereof. Any such contract shall provide  such
 services  or facilities at [cost] FAIR MARKET VALUE.  [A school district
 shall permit any charter school granted approval to  co-locate,  to  use
 such services and facilities without cost.]
   §  10.  Section  2853  of the education law is amended by adding a new
 subdivision 5 to read as follows:
   5. DISCLOSURE. (A) A CHARTER SCHOOL SHALL REPORT:
   (I) BY THE FIFTEENTH DAY OF FEBRUARY OF EACH CALENDAR YEAR, THE  NAME,
 ADDRESS  AND TOTAL COMPENSATION PAID TO EACH PERSON SERVING AS A CHARTER
 EXECUTIVE IN THE PREVIOUS CALENDAR YEAR; AND
   (II) WITHIN THIRTY DAYS OF RECEIPT, THE NAME AND ADDRESS OF ANY  INDI-
 VIDUAL,  CORPORATION,  ASSOCIATION,  OR ENTITY PROVIDING A CONTRIBUTION,
 GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE THOUSAND DOLLARS OR  MORE  TO  THE
 CHARTER SCHOOL OR CHARTER AFFILIATE AND THE AMOUNT OF EACH SUCH CONTRIB-
 UTION, GIFT, LOAN, ADVANCE OR DEPOSIT.
   (B)  IF  A  CHARTER  SCHOOL  EITHER ALONE OR TOGETHER WITH ANY CHARTER
 AFFILIATE HAS ANY DIRECT OR INDIRECT INTEREST IN, OR MAY BE ENTITLED  TO
 RECEIVE  ANY  BENEFICIAL INTEREST IN, ANY ASSET OR ASSETS OF ANY KIND OR
 NATURE, ALONE OR TOGETHER,  WITH  A  VALUE  IN  EXCESS  OF  ONE  MILLION
 DOLLARS, THE CHARTER SCHOOL SHALL:
   (I)  ENSURE  THAT  THE  FINANCIAL STATEMENTS OF THE CHARTER SCHOOL AND
 EACH CHARTER AFFILIATE CONFORM TO AND ARE REPORTED ACCORDING TO GENERAL-
 LY ACCEPTED ACCOUNTING PRINCIPLES; AND
   (II) ENSURE THAT THE FINANCIAL STATEMENTS OF THE  CHARTER  SCHOOL  AND
 ANY  CHARTER AFFILIATE ARE AUDITED IN ACCORDANCE WITH GENERALLY ACCEPTED
 AUDITING STANDARDS BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT  OR  AN
 INDEPENDENT PUBLIC ACCOUNTANT, THAT SUCH AUDIT RECEIVES AN "UNQUALIFIED"
 OPINION  AS  TO,  AMONG OTHER THINGS, COMPLIANCE WITH GENERALLY ACCEPTED
 ACCOUNTING PRINCIPLES AND THAT  SUCH  AUDIT  IS  COMPLETED  WITHIN  NINE
 MONTHS OF THE CONCLUSION OF THE FISCAL YEAR.
   (C)  IF  A  CHARTER  SCHOOL  EITHER ALONE OR TOGETHER WITH ANY CHARTER
 AFFILIATE HAS ANY DIRECT OR INDIRECT INTEREST IN, OR MAY BE ENTITLED  TO
 RECEIVE  ANY  BENEFICIAL INTEREST IN, ANY ASSET OR ASSETS OF ANY KIND OR
 NATURE, ALONE OR TOGETHER,  WITH  A  VALUE  IN  EXCESS  OF  ONE  MILLION
 DOLLARS,  IT  SHALL ALSO REPORT BY THE FIFTEENTH DAY OF FEBRUARY OF EACH
 ENSUING CALENDAR YEAR THE FOLLOWING:
   (I) THE MOST RECENT AUDITED FINANCIAL STATEMENTS OF THE CHARTER SCHOOL
 AND ANY CHARTER AFFILIATE WHICH SHALL CONFORM TO AND BE REPORTED ACCORD-
 ING TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES;
   (II) THE MOST RECENT AUDITOR'S REPORT ON THE FINANCIAL  STATEMENTS  OF
 THE CHARTER SCHOOL AND ANY CHARTER AFFILIATE;

 A. 9506--A                         109
 
   (III)  THE "UNQUALIFIED" OPINION RECEIVED FROM THE AUDITOR OF THE MOST
 RECENT FINANCIAL STATEMENTS AS TO, AMONG OTHER THINGS,  COMPLIANCE  WITH
 GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; AND
   (IV)  ANY COMPENSATION OR REMUNERATION, WHETHER PAID OR GIVEN, INCLUD-
 ING BUT NOT LIMITED TO SALARY, BONUS, AND DEFERRED COMPENSATION AND  ANY
 BENEFIT  HAVING  MONETARY  VALUE,  INCLUDING BUT NOT LIMITED TO, PERQUI-
 SITES, FRINGE BENEFITS, EMPLOYER CONTRIBUTIONS TO  DEFINED  CONTRIBUTION
 RETIREMENT  PLANS AND OTHER RETIREMENT OR SEVERANCE BENEFITS RECEIVED BY
 A CHARTER EXECUTIVE FROM ANY SOURCE.
   (D)(I) EACH REPORT REQUIRED BY THIS SUBDIVISION SHALL  BE  ACCOMPANIED
 BY  A STATEMENT, UNDER OATH, BY THE CHAIRPERSON OF THE SCHOOL'S BOARD OF
 TRUSTEES OR OTHER APPROPRIATE MEMBER OF THE  BOARD  OF  TRUSTEES,  THAT,
 AFTER  THE  DUE INQUIRY, THE REPORTS ARE TRUE AND CORRECT TO THE BEST OF
 HIS OR HER KNOWLEDGE AND HAVE  BEEN  PROVIDED  TO  EACH  MEMBER  OF  THE
 SCHOOL'S BOARD OF TRUSTEES.
   (II) A CHARTER SCHOOL TO WHICH PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
 SION DO NOT APPLY SHALL, BY THE FIFTEENTH DAY OF FEBRUARY OF EACH CALEN-
 DAR  YEAR, SUBMIT A STATEMENT AS PART OF ITS REPORT PURSUANT TO SUBPARA-
 GRAPH (II) OF PARAGRAPH (A) OF THIS  SUBDIVISION,  UNDER  OATH,  BY  THE
 CHAIRPERSON  OF  THE  SCHOOL'S  BOARD  OF  TRUSTEES OR OTHER APPROPRIATE
 MEMBER OF THE BOARD OF TRUSTEES, THAT, AFTER THE DUE INQUIRY, THE  CHAR-
 TER  SCHOOL EITHER ALONE OR TOGETHER WITH ANY CHARTER AFFILIATE DOES NOT
 HAVE ANY DIRECT OR INDIRECT INTEREST IN OR MAY BE  ENTITLED  TO  RECEIVE
 ANY  BENEFICIAL  INTEREST  IN ANY ASSET OR ASSETS OF ANY KIND OR NATURE,
 ALONE OR TOGETHER, WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS.
   (E) ANY REPORT REQUIRED PURSUANT TO THIS SUBDIVISION SHALL BE MADE  TO
 THE  BOARD  OF REGENTS, THE SCHOOL'S CHARTER ENTITY, AND THE COMPTROLLER
 OF THE CITY OF NEW YORK FOR CHARTER SCHOOLS LOCATED IN NEW YORK CITY AND
 THE COMPTROLLER OF THE STATE OF NEW YORK  FOR  CHARTER  SCHOOLS  LOCATED
 OUTSIDE OF THE CITY OF NEW YORK. THE COMMISSIONER SHALL ENSURE THAT SUCH
 REPORT IS MADE PUBLICLY AVAILABLE VIA THE DEPARTMENT'S OFFICIAL INTERNET
 WEBSITE WITHIN FIVE DAYS OF ITS RECEIPT.
   (F)  A  CHARTER SCHOOL'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS
 SUBDIVISION SHALL BE A VERY SIGNIFICANT FACTOR  IN  DETERMINING  WHETHER
 THE CHARTER ENTITY OR THE BOARD OF REGENTS TERMINATES THE SCHOOL'S CHAR-
 TER.
   (G) AS USED IN THIS SUBDIVISION:
   (I) "TOTAL COMPENSATION" SHALL INCLUDE: (A) ANY COMPENSATION OR REMUN-
 ERATION, WHETHER PAID OR GIVEN, BY OR ON BEHALF OF THE CHARTER SCHOOL OR
 ANY CHARTER AFFILIATE, FOR SERVICES RENDERED TO, ON BEHALF OF, OR AT THE
 REQUEST  OF  THE  CHARTER  SCHOOL,  INCLUDING BUT NOT LIMITED TO SALARY,
 BONUS, AND DEFERRED COMPENSATION AND (B)  ANY  BENEFIT  HAVING  MONETARY
 VALUE  PROVIDED  BY  OR  ON  BEHALF OF THE CHARTER SCHOOL OR ANY CHARTER
 AFFILIATE, INCLUDING BUT NOT LIMITED TO, PERQUISITES,  FRINGE  BENEFITS,
 EMPLOYER  CONTRIBUTIONS  TO  DEFINED  CONTRIBUTION  RETIREMENT PLANS AND
 OTHER RETIREMENT OR SEVERANCE BENEFITS.
   (II) "CHARTER AFFILIATE" MEANS: (A) ANY ENTITY THAT  IS,  DIRECTLY  OR
 INDIRECTLY,  CONTROLLED  BY, IN CONTROL OF, OR UNDER COMMON CONTROL WITH
 THE CHARTER SCHOOL OR (B) ANY ENTITY OR AFFILIATE THEREOF THAT  PROVIDES
 MANAGEMENT, FUNDRAISING, OR OTHER ADMINISTRATIVE SUPPORT SERVICES TO THE
 CHARTER SCHOOL.
   (III)  "CHARTER  EXECUTIVE"  MEANS: (A) AN OFFICER, DIRECTOR, TRUSTEE,
 CONSULTANT, SUPERVISORY EMPLOYEE OF A CHARTER SCHOOL OR  CHARTER  AFFIL-
 IATE  OR  (B)  ANYONE  WHO EXERTS OPERATIONAL OR MANAGERIAL INFLUENCE OR
 CONTROL OVER THE SCHOOL INCLUDING, BUT  NOT  LIMITED  TO,  INFLUENCE  OR
 CONTROL OVER THE SCHOOL THROUGH A CHARTER MANAGEMENT COMPANY.

 A. 9506--A                         110

   §  11.  Section  2853  of the education law is amended by adding a new
 subdivision 6 to read as follows:
   6.  EXECUTIVE  COMPENSATION.  (A)  NO CHARTER SCHOOL SHALL PROVIDE ANY
 COMPENSATION TO ANY INDIVIDUAL WHO IS ALSO AN OFFICER,  DIRECTOR,  TRUS-
 TEE, CONSULTANT, OR EMPLOYEE OF A CHARTER AFFILIATE OR TO ANY INDIVIDUAL
 WHO  EXERTS  OPERATIONAL  OR  MANAGERIAL  INFLUENCE  OR CONTROL OVER THE
 SCHOOL THROUGH A CHARTER AFFILIATE.
   (B)(I) NO CHARTER SCHOOL OR CHARTER AFFILIATE SHALL PERMIT  THE  TOTAL
 COMPENSATION  RECEIVED  BY  A  CHARTER  EXECUTIVE TO BE GREATER THAN ONE
 HUNDRED NINETY-NINE THOUSAND DOLLARS PER ANNUM, INCLUDING NOT ONLY STATE
 FUNDS AND STATE-AUTHORIZED PAYMENTS BUT ALSO ANY OTHER SOURCES OF  FUND-
 ING,  AND GREATER THAN THE SEVENTY-FIFTH PERCENTILE OF THAT COMPENSATION
 PROVIDED TO CHARTER EXECUTIVES OF  OTHER  CHARTER  SCHOOLS  AND  CHARTER
 AFFILIATES  WITHIN THE SAME OR COMPARABLE GEOGRAPHIC AREA AS ESTABLISHED
 BY A COMPENSATION SURVEY IDENTIFIED,  PROVIDED,  OR  RECOGNIZED  BY  THE
 COMMISSIONER AND THE DIRECTOR OF THE DIVISION OF THE BUDGET.
   (II) IF THE COMMISSIONER AND THE DIRECTOR OF THE DIVISION OF THE BUDG-
 ET  FIND  GOOD CAUSE AFTER CONSIDERING THE FACTORS SET FORTH IN SUBPARA-
 GRAPH (IV) OF THIS PARAGRAPH, A WAIVER OF THE  LIMIT  ON  TOTAL  COMPEN-
 SATION  THAT  A  CHARTER EXECUTIVE MAY RECEIVE MAY BE GRANTED, PROVIDED,
 HOWEVER, THAT IN NO  EVENT  SHALL  THE  TOTAL  COMPENSATION  EXCEED  ONE
 HUNDRED  AND  FIFTY PERCENT OF LEVEL I OF THE FEDERAL GOVERNMENT'S RATES
 OF BASIC PAY FOR THE EXECUTIVE SCHEDULE PROMULGATED BY THE UNITED STATES
 OFFICE OF PERSONNEL MANAGEMENT.
   (III) THE APPLICATION FOR A WAIVER MUST BE FILED  NO  LATER  THAN  THE
 FIFTEENTH  DAY  OF  FEBRUARY OF THE YEAR FOR WHICH THE WAIVER IS SOUGHT.
 THE APPLICATION SHALL BE TRANSMITTED IN THE MANNER AND FORM SPECIFIED BY
 THE COMMISSIONER AND THE DIRECTOR OF THE DIVISION OF THE BUDGET. A WAIV-
 ER MAY BE ONLY FOR THE SINGLE CALENDAR YEAR IN WHICH IT IS GRANTED.
   (IV) THE FOLLOWING FACTORS, IN ADDITION TO ANY OTHER  DEEMED  RELEVANT
 BY  THE  COMMISSIONER  AND  THE  DIRECTOR OF THE DIVISION OF THE BUDGET,
 SHALL BE CONSIDERED IN THE DETERMINATION OF WHETHER GOOD CAUSE EXISTS TO
 GRANT A WAIVER:
   (A) THE EXTENT TO WHICH THE EXECUTIVE COMPENSATION THAT IS THE SUBJECT
 OF THE WAIVER REQUEST IS COMPARABLE TO THAT GIVEN TO COMPARABLE  CHARTER
 EXECUTIVES OF CHARTER SCHOOLS OR CHARTER AFFILIATES OF THE SAME SIZE AND
 WITHIN THE SAME OR COMPARABLE GEOGRAPHIC AREA;
   (B)  THE EXTENT TO WHICH THE CHARTER SCHOOL WOULD BE UNABLE TO PROVIDE
 EDUCATIONAL SERVICES AT THE SAME  LEVELS  OF  QUALITY  AND  AVAILABILITY
 WITHOUT A WAIVER OF THE LIMIT ON TOTAL COMPENSATION THAT A CHARTER EXEC-
 UTIVE MAY RECEIVE;
   (C)  THE NATURE, SIZE, AND COMPLEXITY OF THE CHARTER SCHOOL OR CHARTER
 AFFILIATE'S OPERATIONS;
   (D) THE CHARTER SCHOOL OR  CHARTER  AFFILIATE'S  REVIEW  AND  APPROVAL
 PROCESS  FOR  THE  TOTAL COMPENSATION THAT IS THE SUBJECT OF THE WAIVER,
 INCLUDING WHETHER SUCH PROCESS INVOLVED A REVIEW  AND  APPROVAL  BY  THE
 BOARD OF TRUSTEES OF THE SCHOOL, WHETHER SUCH REVIEW WAS CONDUCTED BY AT
 LEAST  TWO  INDEPENDENT DIRECTORS OR INDEPENDENT MEMBERS OF THE BOARD OF
 TRUSTEES, WHETHER SUCH REVIEW INCLUDED AN  ASSESSMENT  OF  COMPARABILITY
 DATA  INCLUDING  A COMPENSATION SURVEY, AND A CONTEMPORANEOUS SUBSTANTI-
 ATION OF THE DELIBERATION AND DECISION  TO  APPROVE  THE  TOTAL  COMPEN-
 SATION;
   (E) THE QUALIFICATIONS AND EXPERIENCE POSSESSED BY OR REQUIRED FOR THE
 CHARTER EXECUTIVE'S POSITION; AND
   (F)  THE  CHARTER  SCHOOL  OR  CHARTER AFFILIATE'S EFFORTS, IF ANY, TO
 SECURE A CHARTER EXECUTIVE WITH THE SAME LEVELS  OF  EXPERIENCE,  EXPER-

 A. 9506--A                         111
 
 TISE,  AND  SKILLS  FOR  THE  POSITION OF THE CHARTER EXECUTIVE AT LOWER
 LEVELS OF COMPENSATION.
   (V)  TO  BE  CONSIDERED, AN APPLICATION FOR SUCH A WAIVER SHALL COMPLY
 WITH THIS PARAGRAPH IN ITS ENTIRETY.
   (VI) UNLESS ADDITIONAL INFORMATION HAS BEEN REQUESTED BUT NOT RECEIVED
 FROM THE CHARTER SCHOOL OR CHARTER AFFILIATE, A  DECISION  ON  A  TIMELY
 SUBMITTED  WAIVER  APPLICATION  SHALL  BE  PROVIDED  NO LATER THAN SIXTY
 CALENDAR DAYS AFTER SUBMISSION OF THE APPLICATION.
   (VII) IF GRANTED, A WAIVER TO A  CHARTER  EXECUTIVE  SHALL  REMAIN  IN
 EFFECT  FOR  THE  CALENDAR  YEAR  IT  IS  ISSUED IN, BUT SHALL BE DEEMED
 REVOKED IF:
   (A)  THE  TOTAL  COMPENSATION  THAT  IS  THE  SUBJECT  OF  THE  WAIVER
 INCREASES; OR
   (B)  NOTICE  OF REVOCATION IS PROVIDED TO THE CHARTER EXECUTIVE AT THE
 DISCRETION OF THE DEPARTMENT AS A RESULT OF ADDITIONAL RELEVANT  CIRCUM-
 STANCES.
   (VIII)  INFORMATION  PROVIDED  IN CONNECTION WITH A WAIVER APPLICATION
 SHALL BE SUBJECT TO PUBLIC DISCLOSURE PURSUANT TO  ARTICLE  SIX  OF  THE
 PUBLIC OFFICERS LAW.
   (IX) WHERE A WAIVER IS GRANTED, THE COMMISSIONER SHALL MAKE IT PUBLIC-
 LY  AVAILABLE VIA THE DEPARTMENT'S OFFICIAL INTERNET WEBSITE WITHIN FIVE
 DAYS.
   (C) NO CHARTER SCHOOL SHALL USE FUNDS  RECEIVED  PURSUANT  TO  SECTION
 TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE OR ALLOW A CHARTER AFFIL-
 IATE  TO  USE  FUNDS RECEIVED FROM THE CHARTER SCHOOL TO PROVIDE A TOTAL
 COMPENSATION TO A CHARTER EXECUTIVE GREATER THAN ONE HUNDRED NINETY-NINE
 THOUSAND DOLLARS PER ANNUM.
   (D) FAILURE TO COMPLY WITH THE PROVISIONS OF  THIS  SUBDIVISION  SHALL
 RESULT  IN  THE  ASSESSMENT  OF A PENALTY AGAINST THE PAYOR IN AN AMOUNT
 EQUAL TO THE AMOUNT OF COMPENSATION PAID OR  PROVIDED  IN  VIOLATION  OF
 THIS SUBDIVISION.
   (E)  A  CHARTER SCHOOL'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS
 SUBDIVISION SHALL BE A VERY SIGNIFICANT FACTOR  IN  DETERMINING  WHETHER
 THE CHARTER ENTITY OR THE BOARD OF REGENTS TERMINATES THE SCHOOL'S CHAR-
 TER.
   (F) AS USED IN THIS SUBDIVISION:
   (I) "TOTAL COMPENSATION" SHALL INCLUDE: (A) ANY COMPENSATION OR REMUN-
 ERATION, WHETHER PAID OR GIVEN, BY OR ON BEHALF OF THE CHARTER SCHOOL OR
 ANY CHARTER AFFILIATE, FOR SERVICES RENDERED TO, ON BEHALF OF, OR AT THE
 REQUEST  OF  THE  CHARTER  SCHOOL,  INCLUDING BUT NOT LIMITED TO SALARY,
 BONUS, AND DEFERRED COMPENSATION AND (B)  ANY  BENEFIT  HAVING  MONETARY
 VALUE  PROVIDED  BY  OR  ON  BEHALF OF THE CHARTER SCHOOL OR ANY CHARTER
 AFFILIATE, INCLUDING BUT NOT LIMITED TO, PERQUISITES,  FRINGE  BENEFITS,
 EMPLOYER  CONTRIBUTIONS  TO  DEFINED  CONTRIBUTION  RETIREMENT PLANS AND
 OTHER RETIREMENT OR SEVERANCE BENEFITS.
   (II) "CHARTER AFFILIATE" MEANS: (A) ANY ENTITY THAT  IS,  DIRECTLY  OR
 INDIRECTLY,  CONTROLLED  BY, IN CONTROL OF, OR UNDER COMMON CONTROL WITH
 THE CHARTER SCHOOL OR (B) ANY ENTITY OR AFFILIATE THEREOF THAT  PROVIDES
 MANAGEMENT, FUNDRAISING, OR OTHER ADMINISTRATIVE SUPPORT SERVICES TO THE
 CHARTER SCHOOL.
   (III)  "CHARTER  EXECUTIVE"  MEANS: (A) AN OFFICER, DIRECTOR, TRUSTEE,
 CONSULTANT, SUPERVISORY EMPLOYEE OF A CHARTER SCHOOL OR  CHARTER  AFFIL-
 IATE  OR  (B)  ANYONE  WHO EXERTS OPERATIONAL OR MANAGERIAL INFLUENCE OR
 CONTROL OVER THE SCHOOL INCLUDING, BUT IS NOT LIMITED TO,  INFLUENCE  OR
 CONTROL OVER THE SCHOOL THROUGH A CHARTER MANAGEMENT COMPANY.

 A. 9506--A                         112

   §  12.  Section  2853  of the education law is amended by adding a new
 subdivision 7 to read as follows:
   7.  NOTIFICATION  OF  DISENROLLMENT.    WITHIN FIVE BUSINESS DAYS OF A
 STUDENT WHO WAS ENROLLED BY THE CHARTER SCHOOL CEASING TO BE ENROLLED, A
 CHARTER SCHOOL SHALL NOTIFY THE SUPERINTENDENT OF THE DISTRICT IN  WHICH
 THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER SCHOOLS LOCATED WITHIN THE
 GEOGRAPHIC  AREA  SERVED  BY THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
 YORK, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT  OF  THE  CITY  OF  NEW
 YORK, OF THE NAME OF SUCH STUDENT.
   §  13.  Paragraphs (b) and (c) of subdivision 1 of section 2854 of the
 education law, as amended by section 10-b of part A of chapter 56 of the
 laws of 2014, are amended to read as follows:
   (b) A charter school shall meet the  same  health  and  safety,  civil
 rights,  and  student assessment requirements applicable to other public
 schools, except as otherwise specifically provided in  this  article.  A
 charter  school  shall  be  exempt  from all other state and local laws,
 rules, regulations or policies  governing  public  or  private  schools,
 boards  of  education,  school  districts  and  political  subdivisions,
 including those relating to school personnel  and  students,  except  as
 specifically provided in the school's charter or in this article.  Noth-
 ing  in  this  subdivision  shall  affect the requirements of compulsory
 education of minors established by part one  of  article  sixty-five  of
 this chapter, NOR SHALL ANYTHING IN THIS SUBDIVISION AFFECT THE REQUIRE-
 MENTS  OF THE CHARTER SCHOOL TO COMPLY WITH SECTION ONE HUNDRED THREE OF
 THE GENERAL MUNICIPAL LAW AND ARTICLES EIGHT AND NINE OF THE  LABOR  LAW
 WITH  RESPECT  TO  THE  CONSTRUCTION,  RECONSTRUCTION, DEMOLITION, EXCA-
 VATION, REHABILITATION, REPAIR, RENOVATION, OR ALTERATION OF ANY CHARTER
 SCHOOL FACILITY.
   (c) A charter school shall be subject to  the  financial  audits,  the
 audit  procedures,  and the audit requirements set forth in the charter,
 and shall be subject to audits of the comptroller  of  the  city  school
 district of the city of New York for charter schools located in New York
 city,  and to the audits of the comptroller of the state of New York for
 ALL charter schools [located] in [the rest of] the state, at his or  her
 discretion,  with  respect  to  the  school's financial operations. Such
 procedures and standards shall be  consistent  with  generally  accepted
 accounting  and  audit  standards.  Independent  fiscal  audits shall be
 required at least once annually.
   § 14. Subdivision 2 of section 2854 of the education law, as added  by
 chapter  4  of the laws of 1998, paragraph (a) as amended by chapter 101
 of the laws of 2010, and paragraph  (b)  as  amended  by  section  3  of
 subpart  A  of  part  B of chapter 20 of the laws of 2015, is amended to
 read as follows:
   2. Admissions; enrollment; students.  (a) A charter  school  shall  be
 nonsectarian  in its programs, admission policies, employment practices,
 and all other operations and shall not charge tuition or fees;  provided
 that  a charter school may require the payment of fees on the same basis
 and to the same extent as other public schools. A charter  school  shall
 not  discriminate  against  any student, employee or any other person on
 the basis of ethnicity, national origin, gender, or  disability  or  any
 other  ground  that  would be unlawful if done by a school. Admission of
 students shall not be limited on  the  basis  of  intellectual  ability,
 measures of achievement or aptitude, athletic ability, disability, race,
 creed,  gender, national origin, religion, or ancestry; provided, howev-
 er, that nothing in this article  shall  be  construed  to  prevent  the
 establishment  of  a  single-sex  charter  school  or  a  charter school

 A. 9506--A                         113
 
 designed to provide expanded learning opportunities for students at-risk
 of academic failure or students with disabilities and  English  language
 learners;  and  provided,  further, that the charter school shall demon-
 strate  good faith efforts to attract and retain [a comparable] AN EQUAL
 or greater enrollment of students with  disabilities,  English  language
 learners,  and  students  who  are  eligible applicants for the free and
 reduced price lunch program when compared to the enrollment figures  for
 such  students  in  the  school  district in which the charter school is
 located. A charter shall not be issued to any school that would be whol-
 ly or in part under the control or direction of  any  religious  denomi-
 nation,  or  in  which  any  denominational  tenet  or doctrine would be
 taught.
   (b) (I) Any child who is qualified under the laws of  this  state  for
 admission  to  a  public  school is qualified for admission to a charter
 school. Applications for admission to a charter school shall be  submit-
 ted on a uniform application form created by the department and shall be
 made  available by a charter school in languages predominately spoken in
 the community in which such charter school is located.  [The]
   (II) A CHARTER SCHOOL SHALL ENROLL AND CONTINUALLY KEEP  ENROLLED  THE
 MINIMUM  NUMBER  OF  STUDENTS  IN  EACH OF THE FOLLOWING CATEGORIES: (A)
 STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN REGULATIONS  OF
 THE  COMMISSIONER,  (B)  STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE
 ANY SPECIAL EDUCATION SERVICE, (C) STUDENTS WHO HAVE  INDIVIDUAL  EDUCA-
 TION PLANS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT
 OF  THE  SCHOOL  DAY OUTSIDE THE GENERAL EDUCATION SETTING, (D) STUDENTS
 WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE
 ELEMENTARY AND SECONDARY EDUCATION ACT, AND (E) STUDENTS WHO  RESIDE  IN
 TEMPORARY  OR  TRANSITIONAL  HOUSING.  THE  MINIMUM NUMBER OF STUDENTS A
 CHARTER SCHOOL SHALL ENROLL AND CONTINUALLY KEEP ENROLLED IN  EACH  SUCH
 CATEGORY  SHALL  BE  THE NUMBER OF STUDENTS THAT, AS A PERCENTAGE OF THE
 STUDENTS AUTHORIZED TO BE SERVED BY THE CHARTER SCHOOL IN  ITS  CHARTER,
 IS EQUAL TO THE PERCENTAGE OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER
 PUBLIC  SCHOOLS  IN  THE  DISTRICT  WHERE  THE CHARTER SCHOOL IS LOCATED
 ENROLLED IN THE PRECEDING JUNE IN ALL OF THE GRADES COMBINED  WHICH  ARE
 SERVED BY THE CHARTER SCHOOL. FOR PURPOSES OF THIS SUBPARAGRAPH, FOR THE
 CITY  SCHOOL  DISTRICT  OF THE CITY OF NEW YORK, DISTRICT SHALL MEAN THE
 COMMUNITY SCHOOL DISTRICT  AND  SHALL  INCLUDE  ALL  NON-CHARTER  PUBLIC
 SCHOOLS,  EXCEPT  THOSE IN DISTRICT SEVENTY-FIVE, GEOGRAPHICALLY LOCATED
 IN THE COMMUNITY SCHOOL DISTRICT.
   (III) PRIOR TO A CHARTER SCHOOL SELECTING OR  ENROLLING  STUDENTS  FOR
 THE  NEXT SCHOOL YEAR, THE COMMISSIONER SHALL PROVIDE THE CHARTER SCHOOL
 WITH THE MINIMUM NUMBER OF STUDENTS IT SHALL ENROLL AND CONTINUALLY KEEP
 ENROLLED IN EACH CATEGORY PURSUANT TO SUBPARAGRAPH (II)  OF  THIS  PARA-
 GRAPH.  THE  MINIMUM NUMBER OF STUDENTS EACH CHARTER SCHOOL SHALL ENROLL
 AND CONTINUALLY KEEP ENROLLED IN EACH CATEGORY PURSUANT TO  SUBPARAGRAPH
 (II) OF THIS PARAGRAPH SHALL BE MADE PUBLIC BY THE COMMISSIONER NO LATER
 THAN  FIVE  BUSINESS  DAYS  AFTER  IT  HAS  BEEN PROVIDED TO THE CHARTER
 SCHOOL.
   (IV) A CHARTER school shall enroll each eligible student who submits a
 timely application by the first day of April  each  year[,]  unless  the
 number of applications exceeds the capacity of the grade level or build-
 ing  OR WOULD CAUSE THE CHARTER SCHOOL TO BE BELOW THE MINIMUM NUMBER OF
 STUDENTS IT MUST ENROLL AND CONTINUALLY KEEP ENROLLED IN  EACH  CATEGORY
 PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH. In such cases, students
 shall  be  accepted from among applicants by a random selection process,
 provided[, however,] that SEPARATE RANDOM SELECTION PROCESSES  SHALL  BE

 A. 9506--A                         114
 
 CONDUCTED FOR STUDENTS THAT ARE NOT IN ANY CATEGORY SET FORTH IN SUBPAR-
 AGRAPH  (II)  OF  THIS  PARAGRAPH  AND FOR STUDENTS IN EACH CATEGORY SET
 FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH SUCH THAT A CHARTER  SCHOOL
 ENROLLS  AT  LEAST  THE  MINIMUM NUMBER OF STUDENTS REQUIRED PURSUANT TO
 SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (V) WHERE A CHARTER SCHOOL DOES  NOT  ENROLL  THE  MINIMUM  NUMBER  OF
 STUDENTS  IT  MUST ENROLL AND CONTINUALLY KEEP ENROLLED IN EACH CATEGORY
 SET FORTH IN SUBPARAGRAPH (II) OF THIS  PARAGRAPH,  THE  CHARTER  SCHOOL
 SHALL HOLD OPEN A SUFFICIENT NUMBER OF ENROLLMENT SPACES SUCH THAT IT IS
 POSSIBLE  FOR THE CHARTER SCHOOL, CONSISTENT WITH ITS CHARTER, TO SUBSE-
 QUENTLY ENROLL THE NUMBER OF STUDENTS REQUIRED BY SUBPARAGRAPH  (II)  OF
 THIS PARAGRAPH.
   (VI)  A  CHARTER SCHOOL MAY PROVIDE an enrollment preference [shall be
 provided] to pupils returning to the charter school in the second or any
 subsequent year of operation and pupils residing in the school  district
 in  which  the charter school is located, and siblings of pupils already
 enrolled in the charter school PROVIDED THAT THE CHARTER SCHOOL  ENROLLS
 AND  CONTINUALLY  KEEPS ENROLLED THE MINIMUM NUMBER OF STUDENTS REQUIRED
 IN EACH CATEGORY PURSUANT TO SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH  AND
 HOLDS  OPEN  THE NUMBER OF ENROLLMENT SPACES AS REQUIRED BY SUBPARAGRAPH
 (V) OF THIS PARAGRAPH.  Preference may also be provided to  children  of
 employees  of  the  charter  school  or charter management organization,
 PROVIDED THAT THE CHARTER SCHOOL ENROLLS AND CONTINUALLY KEEPS  ENROLLED
 THE  MINIMUM  NUMBER  OF  STUDENTS REQUIRED IN EACH CATEGORY PURSUANT TO
 SUBPARAGRAPH (II) OF THIS PARAGRAPH AND HOLDS OPEN THE NUMBER OF ENROLL-
 MENT SPACES AS REQUIRED  BY  SUBPARAGRAPH  (V)  OF  THIS  PARAGRAPH  AND
 provided  FURTHER that such children of employees may constitute no more
 than fifteen percent of the charter school's total enrollment.
   (VII) FOR PURPOSES OF THIS PARAGRAPH, IF A STUDENT  WITHDRAWS  FROM  A
 CHARTER  SCHOOL  AS  A  RESULT  OF A VOLUNTARY DECISION OF THE STUDENT'S
 PARENT OR GUARDIAN AND, AS A DIRECT RESULT, THE CHARTER SCHOOL NO LONGER
 HAS THE MINIMUM NUMBER OF STUDENTS IN EACH CATEGORY REQUIRED PURSUANT TO
 SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE CHARTER SCHOOL SHALL  NEVERTHE-
 LESS  BE CONSIDERED TO HAVE CONTINUALLY KEPT ENROLLED THE MINIMUM NUMBER
 OF STUDENTS REQUIRED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH  IF,  WITHIN
 THIRTY  DAYS OF THE STUDENT BEING WITHDRAWN, THE CHARTER SCHOOL REPLACES
 THE STUDENT THAT WAS WITHDRAWN WITH A DIFFERENT STUDENT  SUCH  THAT  THE
 CHARTER  SCHOOL  HAS  THE  MINIMUM  NUMBER  OF STUDENTS IN EACH CATEGORY
 REQUIRED PURSUANT TO  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  PROVIDED
 HOWEVER,  THAT  THIS  SUBPARAGRAPH  SHALL  NOT  APPLY (A) IF THE CHARTER
 SCHOOL WAS ALREADY IN VIOLATION OF THE REQUIREMENTS OF SUBPARAGRAPH (II)
 OF THIS PARAGRAPH AT THE TIME THE STUDENT WAS WITHDRAWN OR  (B)  IF  THE
 DECISION OF THE STUDENT'S PARENT OR GUARDIAN WAS SUBSTANTIALLY MOTIVATED
 BY ANY ACTION OR INACTION OF THE CHARTER SCHOOL, OR ANY OF ITS AGENTS OR
 EMPLOYEES, THAT WAS IN VIOLATION OF ANY LAW, RULE, OR REGULATION.
   (VIII)  (A)  A CHARTER SCHOOL SHALL REPORT THE NAMES OF ANY PARENTS OR
 GUARDIANS OF STUDENTS WHO ARE ON A WAITLIST FOR ENROLLMENT IN THE  CHAR-
 TER  SCHOOL  TO  THE SUPERINTENDENT OF THE DISTRICT IN WHICH THE CHARTER
 SCHOOL IS LOCATED OR, FOR CHARTER SCHOOLS LOCATED WITHIN THE  GEOGRAPHIC
 AREA  SERVED  BY  THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE
 CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK,  WHETHER
 EACH  SUCH STUDENT IS IN ONE OF THE CATEGORIES SET FORTH IN SUBPARAGRAPH
 (II) OF THIS PARAGRAPH AND, IF SO, WHICH ONE.
   (B) A CHARTER SCHOOL THAT, AT ANY TIME, DOES  NOT  HAVE  ENROLLED  THE
 MINIMUM NUMBER OF STUDENTS REQUIRED IN EACH CATEGORY PURSUANT TO SUBPAR-
 AGRAPH  (II)  OF  THIS  PARAGRAPH SHALL NOTIFY THE SUPERINTENDENT OF THE

 A. 9506--A                         115
 
 DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER  SCHOOLS
 LOCATED WITHIN THE GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL DISTRICT OF
 THE  CITY OF NEW YORK, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE
 CITY OF NEW YORK, WITHIN FIVE DAYS OF THE DATE OF THE SCHOOL BEING BELOW
 THE  MINIMUM  NUMBER  OF  STUDENTS.  A  SEPARATE  NOTIFICATION  SHALL BE
 PROVIDED EACH TIME A CHARTER SCHOOL'S ENROLLMENT FALLS BELOW THE MINIMUM
 IN ANY CATEGORY PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (C) WHERE THE SUPERINTENDENT OF THE DISTRICT OR THE CHANCELLOR OF  THE
 CITY  SCHOOL  DISTRICT  OF  THE  CITY  OF NEW YORK RECEIVES NOTIFICATION
 PURSUANT TO CLAUSE (B) OF THIS SUBPARAGRAPH, HE OR SHE SHALL FIRST OFFER
 THE ENROLLMENT SPACES TO ANY PARENTS OR GUARDIANS OF STUDENTS WHO ARE IN
 A CATEGORY IN WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN
 SUBPARAGRAPH (II) OF THIS PARAGRAPH WHO ARE ON  THE  SCHOOL'S  WAITLIST,
 THEN  TO  ANY  PARENTS OR GUARDIANS OF STUDENTS WHO ARE IN A CATEGORY IN
 WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN  SUBPARAGRAPH
 (II) OF THIS PARAGRAPH WHO ARE ON THE WAITLIST OF ANOTHER CHARTER SCHOOL
 IN  THE  DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER
 SCHOOLS LOCATED WITHIN THE GEOGRAPHIC AREA SERVED  BY  THE  CITY  SCHOOL
 DISTRICT OF THE CITY OF NEW YORK GEOGRAPHICALLY LOCATED IN THE COMMUNITY
 SCHOOL  DISTRICT, AND THEN TO ANY OTHER PARENTS OR GUARDIANS OF STUDENTS
 WHO ARE IN A CATEGORY IN WHICH THE CHARTER SCHOOL IS BELOW  THE  MINIMUM
 SET  FORTH  IN  SUBPARAGRAPH  (II)  OF  THIS PARAGRAPH WHO RESIDE IN THE
 DISTRICT; SUCH PROCESS OF ENROLLMENT OFFERS  SHALL  CONTINUE  UNTIL  THE
 CHARTER  SCHOOL  IS NO LONGER BELOW SUCH MINIMUM IN ANY CATEGORY OR SUCH
 SUPERINTENDENT OR CHANCELLOR CERTIFIES THERE ARE NO SUCH STUDENTS  SEEK-
 ING ENROLLMENT.
   (D) OFFERS MADE PURSUANT TO THIS SUBPARAGRAPH SHALL BE MADE IN WRITING
 IN  THE  PARENT  OR GUARDIAN'S PRIMARY LANGUAGE.  WHERE AN OFFER IS MADE
 PURSUANT TO THIS SUBPARAGRAPH AND THE PARENT OR  GUARDIAN  ACCEPTS,  THE
 CHARTER SCHOOL SHALL ENROLL THE STUDENT WITHIN FIVE CALENDAR DAYS OF THE
 OFFER BEING ACCEPTED.
   (IX) (A) FOR EACH MONTH DURING THE SCHOOL YEAR, A CHARTER SCHOOL SHALL
 REPORT  THE NUMBER OF STUDENTS THEN ENROLLED, AS OF THE FIRST DAY OF THE
 MONTH, IN EACH CATEGORY SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH
 AND THE NUMBER OF STUDENTS THEN ENROLLED, AS OF THE  FIRST  DAY  OF  THE
 MONTH, THAT ARE IN NONE OF THE CATEGORIES SET FORTH IN SUBPARAGRAPH (II)
 OF THIS PARAGRAPH.
   (B)  REPORTS  PURSUANT TO THIS SUBPARAGRAPH SHALL BE MADE TO THE BOARD
 OF REGENTS, THE SCHOOL'S CHARTER ENTITY, THE COMPTROLLER OF THE CITY  OF
 NEW  YORK  FOR  CHARTER  SCHOOLS  LOCATED IN NEW YORK CITY AND THE COMP-
 TROLLER OF THE STATE OF NEW YORK FOR CHARTER SCHOOLS LOCATED OUTSIDE  OF
 THE  CITY  OF  NEW YORK, AND THE SUPERINTENDENT OF THE DISTRICT IN WHICH
 THE CHARTER SCHOOL IS LOCATED OR, FOR CHARTER SCHOOLS LOCATED WITHIN THE
 GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL DISTRICT OF THE  CITY  OF  NEW
 YORK,  THE  CHANCELLOR  OF  THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW
 YORK. THE COMMISSIONER SHALL ENSURE THAT SUCH REPORT  IS  MADE  PUBLICLY
 AVAILABLE  VIA  SUCH  DEPARTMENT'S OFFICIAL INTERNET WEBSITE WITHIN FIVE
 DAYS OF ITS RECEIPT.
   (C) REPORTS PURSUANT TO THIS SUBPARAGRAPH SHALL BE MADE ON  THE  FIFTH
 DAY OF THE ENSUING MONTH DURING THE SCHOOL YEAR AND SHALL BE ACCOMPANIED
 BY  A STATEMENT, UNDER OATH, BY THE CHAIRPERSON OF THE SCHOOL'S BOARD OF
 TRUSTEES OR OTHER APPROPRIATE MEMBER OF THE  BOARD  OF  TRUSTEES,  THAT,
 AFTER  THE  DUE  INQUIRY, THE REPORTS ARE TRUE AND CORRECT AND HAVE BEEN
 PROVIDED TO EACH MEMBER OF THE SCHOOL'S BOARD OF TRUSTEES.
   (X) The commissioner shall establish regulations to require  that  the
 random  selection  [process]  PROCESSES conducted pursuant to this para-

 A. 9506--A                         116
 
 graph be performed in a transparent and equitable manner and to  require
 that the time and place of the random selection process be publicized in
 a manner consistent with the requirements of section one hundred four of
 the  public  officers  law and be open to the public. [For] EXCEPT WHERE
 ANOTHER DEFINITION IS PROVIDED, FOR the purposes of this  paragraph  and
 paragraph  (a)  of  this  subdivision,  the school district in which the
 charter school is located shall mean, for the city  school  district  of
 the city of New York, the community district in which the charter school
 is located.
   (XI)  THE COMMISSIONER MAY, BY REGULATION, REQUIRE THE BOARD OF EDUCA-
 TION OF EACH SCHOOL DISTRICT  OR  THE  CHANCELLOR  OF  THE  CITY  SCHOOL
 DISTRICT  OF THE CITY OF NEW YORK TO PROVIDE TO HIM OR HER SUCH INFORMA-
 TION AS IS NECESSARY TO CALCULATE THE MINIMUM NUMBER OF STUDENTS A CHAR-
 TER SCHOOL MUST ENROLL AND CONTINUALLY HAVE ENROLLED PURSUANT TO SUBPAR-
 AGRAPH (II) OF THIS PARAGRAPH. SUCH INFORMATION SHALL BE MADE PUBLIC  BY
 THE COMMISSIONER WITHIN FIVE BUSINESS DAYS OF RECEIPT.
   (XII)(A)  IF  A  CHARTER SCHOOL FAILS TO ENROLL THE NUMBER OF STUDENTS
 REQUIRED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH THE  APPROPRIATE  SCHOOL
 DISTRICT  SHALL  WITHHOLD  FROM  THE  CHARTER SCHOOL'S FUNDING AN AMOUNT
 EQUAL TO THE ADDITIONAL PER PUPIL FUNDING THE CHARTER SCHOOL WOULD  HAVE
 RECEIVED  HAD EACH STUDENT NOT ENROLLED AS REQUIRED BY SUBPARAGRAPH (II)
 OF THIS PARAGRAPH BEEN ENROLLED.
   (B) MONEY WITHHELD BY THE SCHOOL  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SUBPARAGRAPH  SHALL  BE RETURNED TO THE COMMISSIONER FOR DISTRIBUTION TO
 EACH OF THE SCHOOL DISTRICTS, USING AN EQUITABLE FORMULA  DETERMINED  BY
 THE  COMMISSIONER, PROVIDED THE CHARTER SCHOOL OR SCHOOLS FROM WHICH THE
 MONIES ARE WITHHELD SHALL NOT BE ENTITLED TO THE  RETURN  OF  ANY  MONEY
 WITHHELD  PURSUANT  TO  THIS  SUBPARAGRAPH OR ANY ADDITIONAL MONIES AS A
 RESULT OF THE COMMISSIONER'S DISTRIBUTION  OF  FUNDS  PURSUANT  TO  THIS
 SUBPARAGRAPH.
   (XIII) (A) NO CHARTER SCHOOL SHALL FIRST COMMENCE INSTRUCTION IF IT IS
 OPERATED  BY,  MANAGED BY, AFFILIATED WITH, IN THE SAME CHAIN AS, SHARES
 THE SAME MANAGEMENT COMPANY AS, OR HAS ANY COMMON CHARTER APPLICANT  AS,
 A  SCHOOL  THAT HAS BEEN IN VIOLATION, WITHIN THE LAST TWO YEARS, OF THE
 ENROLLMENT REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (B) NO CHARTER SCHOOL SHALL EXPAND BEYOND  THE  GRADES  WITH  ENROLLED
 STUDENTS, EVEN IF SUCH EXPANSION IS AUTHORIZED BY ITS CHARTER, IF IT HAS
 BEEN IN VIOLATION, WITHIN THE LAST TWO YEARS, OF THE ENROLLMENT REQUIRE-
 MENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (XIV)  THE  PROVISIONS  OF  THIS PARAGRAPH SHALL BE ENFORCEABLE BY THE
 COMMISSIONER OR BY A COURT OF COMPETENT JURISDICTION.  ANY  EMPLOYEE  OF
 THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR THE PARENT
 OR  GUARDIAN  OF  A  STUDENT ATTENDING THE DISTRICT IN WHICH THE CHARTER
 SCHOOL IS LOCATED SHALL HAVE STANDING TO ENFORCE THE PROVISIONS OF  THIS
 PARAGRAPH.
   (XV)  A CHARTER SCHOOL'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS
 PARAGRAPH SHALL BE A VERY SIGNIFICANT FACTOR IN DETERMINING WHETHER  THE
 CHARTER ENTITY OR THE BOARD OF REGENTS TERMINATES THE SCHOOL'S CHARTER.
   (B-1)  PRIOR  TO  SUBMISSION OF ENROLLMENT COUNTS TO A SCHOOL DISTRICT
 PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SIX OF
 THIS ARTICLE, ON OR AFTER OCTOBER FIRST OF THE TWO  THOUSAND  EIGHTEEN--
 TWO  THOUSAND NINETEEN SCHOOL YEAR AND OCTOBER FIRST OF EACH SCHOOL YEAR
 THEREAFTER,  A  CHARTER  SCHOOL  SHALL  DETERMINE  WHETHER  THAT  SCHOOL
 DISTRICT  IS  THE  SCHOOL DISTRICT OF RESIDENCE OF EACH STUDENT FOR WHOM
 ENROLLMENT IS CLAIMED. SUCH RESIDENCY DETERMINATION  SHALL  BE  MADE  IN
 ACCORDANCE  WITH  THE  REGULATIONS OF THE COMMISSIONER AND THE RESIDENCY

 A. 9506--A                         117
 
 POLICY OF THE SCHOOL DISTRICT IN WHICH THE CHARTER  SCHOOL  IS  LOCATED,
 PROVIDED THAT THE CHARTER SCHOOL MAY FULFILL SUCH REQUIREMENT BY REQUIR-
 ING  THAT  THE  PARENTS  OR  OTHER PERSONS IN PARENTAL RELATION REGISTER
 THEIR  CHILD  WITH  THE  SCHOOL  DISTRICT  THEY HAVE IDENTIFIED AS THEIR
 SCHOOL DISTRICT OF RESIDENCE.   NOTWITHSTANDING ANY OTHER  PROVISION  OF
 LAW  TO  THE CONTRARY, THE PARENTS OR OTHER PERSONS IN PARENTAL RELATION
 SHALL NOT BE REQUIRED  TO  ANNUALLY  PROVE  THEIR  CONTINUED  RESIDENCY,
 PROVIDED THAT THEY EITHER ANNUALLY CERTIFY TO THE CHARTER SCHOOL AND THE
 SCHOOL  DISTRICT  OF  RESIDENCE  THAT THEIR RESIDENCY HAS NOT CHANGED OR
 NOTIFY THE CHARTER SCHOOL AND THE SCHOOL DISTRICT THAT  THEIR  RESIDENCY
 HAS  CHANGED AND THAT A NEW SCHOOL DISTRICT OF RESIDENCE SHOULD BE IDEN-
 TIFIED PURSUANT TO THIS PARAGRAPH.  UPON  MAKING  A  RESIDENCY  DETERMI-
 NATION,  A  CHARTER  SCHOOL MAKING ITS OWN RESIDENCY DETERMINATION SHALL
 PROMPTLY SUBMIT ITS PROOF OF RESIDENCE TO THE SCHOOL DISTRICT IDENTIFIED
 AS THE DISTRICT OF RESIDENCE FOR PURPOSES OF ENROLLMENT OF  THE  STUDENT
 IN  SUCH  SCHOOL  DISTRICT IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION
 TWENTY-EIGHT HUNDRED FIFTY-SIX OF THIS ARTICLE,  AND  THE  PROVISION  OF
 SERVICES  PURSUANT  TO  SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED
 FIFTY-THREE OF THIS ARTICLE. IN THE EVENT OF A DISPUTE OVER THE RESIDEN-
 CY OF A STUDENT, THE SCHOOL DISTRICT SHALL MAKE ITS OWN RESIDENCY DETER-
 MINATION PURSUANT TO THE REGULATIONS OF THE COMMISSIONER AFTER CONSIDER-
 ING THE PROOF OF RESIDENCY SUBMITTED BY THE  CHARTER  SCHOOL,  AND  SUCH
 DETERMINATION  MAY BE APPEALED TO THE COMMISSIONER BY THE CHARTER SCHOOL
 OR BY THE PARENT OR OTHER PERSON IN PARENTAL RELATION OR  BOTH  PURSUANT
 TO  SECTION  THREE  HUNDRED  TEN OF THIS CHAPTER. DURING THE PENDENCY OF
 SUCH APPEAL,  THE  STUDENT  SHALL  BE  DEEMED  ENROLLED  IN  THE  SCHOOL
 DISTRICT,  SHALL BE ENTITLED TO SERVICES PURSUANT TO SUBDIVISION FOUR OF
 SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE, AND THE SCHOOL
 DISTRICT SHALL BE LIABLE FOR CHARTER SCHOOL TUITION, PROVIDED THAT  UPON
 A  FINAL DETERMINATION IN SUCH APPEAL THAT THE STUDENT IS NOT A RESIDENT
 OF THE SCHOOL DISTRICT, THE SCHOOL DISTRICT MAY DEDUCT THE COST OF  SUCH
 TUITION  AND  SERVICES  FROM FUTURE PAYMENTS DUE THE CHARTER SCHOOL. THE
 PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO CHARTER SCHOOLS  LOCATED
 IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (c) A charter school shall serve one or more of the grades one through
 twelve,  and  shall  limit  admission  to pupils within the grade levels
 served. Nothing herein shall prohibit a charter school from establishing
 a kindergarten program.
   (d) A student may withdraw from a  charter  school  at  any  time  and
 enroll in a public school. [A charter school may refuse admission to any
 student  who  has  been expelled or suspended from a public school until
 the period of  suspension  or  expulsion  from  the  public  school  has
 expired, consistent with the requirements of due process]
   (I)  A  STUDENT  MAY ONLY BE DISCIPLINED, SUSPENDED OR EXPELLED FROM A
 CHARTER SCHOOL IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF  SUBDIVI-
 SIONS  TWO-A,  THREE, AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN
 OF THIS CHAPTER. EVERY CHARTER SCHOOL SHALL DEVELOP A CODE OF CONDUCT IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-EIGHT  HUNDRED  ONE  OF
 THIS TITLE.
   (II)  EVERY  CHARTER  SCHOOL  SHALL  SUBMIT  A  DETAILED ANNUAL REPORT
 REGARDING DISCIPLINARY MEASURES IMPOSED ON STUDENTS. THE REPORT SHALL BE
 SUBMITTED TO THE CHARTER ENTITY AND THE BOARD OF REGENTS AS PART OF  THE
 ANNUAL  REPORT  REQUIRED  PURSUANT TO SUBDIVISION TWO OF SECTION TWENTY-
 EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE. THE REPORT SHALL BE IN A FORM
 PRESCRIBED BY THE COMMISSIONER, AND SHALL INCLUDE, BUT  NOT  BE  LIMITED
 TO,  NUMBER  OF  CLASSROOM  REMOVALS,  NUMBER  OF IN-SCHOOL SUSPENSIONS,

 A. 9506--A                         118
 
 NUMBER OF OUT-OF-SCHOOL  SUSPENSIONS,  NUMBER  OF  EXPULSIONS,  AND  THE
 ACTION  THE  STUDENT TOOK THAT LED TO EACH DISCIPLINARY MEASURE IMPOSED.
 SUCH DATA SHALL BE DISAGGREGATED BY RACE/ETHNICITY, STATUS AS A  STUDENT
 WITH A DISABILITY AND STATUS AS AN ENGLISH LANGUAGE LEARNER.  THE REPORT
 SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
   (III) FOR THE PURPOSES OF THIS SUBDIVISION:
   (A)  THE TERM "SUPERINTENDENT," "SUPERINTENDENT OF SCHOOLS," "DISTRICT
 SUPERINTENDENT OF SCHOOLS," OR "COMMUNITY SUPERINTENDENT,"  AS  USED  IN
 SUBDIVISION  THREE  OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP-
 TER, AS SUCH TERMS RELATE TO CHARTER SCHOOLS SHALL MEAN THE  CHAIRPERSON
 OF THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL OR THE CHIEF SCHOOL OFFI-
 CER OF THE CHARTER SCHOOL; AND
   (B)  THE  TERM "BOARD OF EDUCATION" OR "BOARD," AS USED IN SUBDIVISION
 THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  CHAPTER,  AS  SUCH
 TERMS  RELATE TO CHARTER SCHOOLS SHALL MEAN THE BOARD OF TRUSTEES OF THE
 CHARTER SCHOOL.
   § 15. Subdivision 1 of section 2855 of the education law,  as  amended
 by chapter 101 of the laws of 2010, is amended to read as follows:
   1.  The charter entity, or the board of regents, may terminate a char-
 ter upon any of the following grounds:
   (a) When a charter school's outcome  on  student  assessment  measures
 adopted  by  the board of regents falls below the level that would allow
 the commissioner to revoke the registration of  another  public  school,
 and  student achievement on such measures has not shown improvement over
 the preceding three school years;
   (b) [Serious violations] A VIOLATION of law;
   (c) [Material and substantial] A violation of the charter[,  including
 fiscal mismanagement];
   (d)  When  the public employment relations board makes a determination
 that the charter school [demonstrates a practice and  pattern  of  egre-
 gious  and  intentional  violations  of] HAS VIOLATED subdivision one of
 section two hundred nine-a of the civil service law involving  interfer-
 ence  with or discrimination against employee rights under article four-
 teen of the civil service law; or THE  NATIONAL  LABOR  RELATIONS  BOARD
 CREATED  PURSUANT TO SUBCHAPTER II OF CHAPTER SEVEN OF TITLE TWENTY-NINE
 OF THE UNITED STATES CODE, OR ANY PERSON OR ENTITY TO WHOM THE  NATIONAL
 LABOR  RELATIONS  BOARD  HAS  LAWFULLY  DELEGATED ITS AUTHORITY, MAKES A
 DETERMINATION THAT THE CHARTER SCHOOL HAS  VIOLATED  SECTION  158(A)  OF
 TITLE TWENTY-NINE OF THE UNITED STATES CODE;
   (e)  [Repeated failure] FAILURE to comply with the requirement to meet
 or exceed enrollment and retention targets of  students  with  disabili-
 ties,  English  language  learners, and students who are eligible appli-
 cants for the free and reduced price lunch program pursuant  to  targets
 established  by  the  board  of  regents or the board of trustees of the
 state university of New York, as applicable. Provided,  however,  if  no
 grounds  for  terminating  a  charter  are  established pursuant to this
 section other than pursuant to this paragraph, and  the  charter  school
 demonstrates  that  it  has made extensive efforts to recruit and retain
 such students,  including  outreach  to  parents  and  families  in  the
 surrounding communities, widely publicizing the lottery for such school,
 and  efforts  to  academically  support  such  students  in such charter
 school, then the charter entity or board  of  regents  may  retain  such
 charter; OR
   (F)  FAILURE TO COMPLY WITH THE DATA REPORTING REQUIREMENTS PRESCRIBED
 IN SUBDIVISIONS TWO AND TWO-A OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SEV-
 EN OF THIS ARTICLE.

 A. 9506--A                         119
 
   § 16. Subdivision 3 of section 2855 of the education law, as added  by
 chapter 4 of the laws of 1998, is amended to read as follows:
   3.  (A)  In  addition  to  the  provisions  of subdivision two of this
 section, the charter entity or the board of regents may place a  charter
 school  falling within the provisions of subdivision one of this section
 on probationary status to allow the implementation of a remedial  action
 plan.    The  failure  of  a charter school to comply with the terms and
 conditions of a remedial action plan may result in summary revocation of
 the school's charter.
   (B) A CHARTER SCHOOL THAT IS PLACED ON PROBATIONARY STATUS SHALL ANNU-
 ALLY NOTIFY THE PARENTS OR GUARDIANS OF ALL STUDENTS AND  APPLICANTS  OF
 THE PLACEMENT.  THE INITIAL NOTICE SHALL BE DISTRIBUTED WITHIN TWO WEEKS
 OF BEING PLACED ON PROBATIONARY STATUS. SUCH NOTICE SHALL BE WRITTEN AND
 DELIVERED VIA MAIL. THE DEPARTMENT SHALL IDENTIFY ALL CHARTER SCHOOLS ON
 PROBATIONARY  STATUS ON THE DEPARTMENT'S WEBSITE AND SHALL ALSO POST THE
 REMEDIAL ACTION PLAN.
   § 17. Subdivision 4 of section 2855 of the education law, as added  by
 chapter 4 of the laws of 1998, is amended to read as follows:
   4.  (A)  Any individual or group may bring a complaint to the board of
 trustees of a charter school alleging a violation of the  provisions  of
 this article, the charter, or any other provision of law relating to the
 management or operation of the charter school. If, after presentation of
 the complaint to the board of trustees of a charter school, the individ-
 ual or group determines that such board has not adequately addressed the
 complaint,  they may present that complaint to the charter entity, which
 shall investigate and respond. If, after presentation of  the  complaint
 to the charter entity, the individual or group determines that the char-
 ter  entity has not adequately addressed the complaint, they may present
 that complaint to the board of  regents,  which  shall  investigate  and
 respond.  The  charter  entity  and  the board of regents shall have the
 power and the duty to  issue  appropriate  remedial  orders  to  charter
 schools  under  their  jurisdiction to effectuate the provisions of this
 section.
   (B) AT THE BEGINNING OF EACH  SCHOOL  YEAR,  A  CHARTER  SCHOOL  SHALL
 PROVIDE  THE  PARENT OR GUARDIAN OF EACH STUDENT ENROLLED IN THE CHARTER
 SCHOOL INFORMATION DETAILING THE PROCESS BY WHICH  A  COMPLAINT  CAN  BE
 BROUGHT  AGAINST  THE  CHARTER  SCHOOL PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION. IN ADDITION TO DETAILING THE PROCESS BY WHICH  A  COMPLAINT
 CAN  BE  BROUGHT,  THE  INFORMATION  PROVIDED  SHALL INCLUDE, BUT NOT BE
 LIMITED TO THE CONTACT INFORMATION FOR THE  BOARD  OF  TRUSTEES  OF  THE
 CHARTER SCHOOL IN WHICH THE STUDENT IS ENROLLED, THE CONTACT INFORMATION
 FOR  THE  CHARTER ENTITY OF THE CHARTER SCHOOL, AND THE CONTACT INFORMA-
 TION FOR THE BOARD OF REGENTS, IF THE BOARD OF REGENTS IS NOT THE  CHAR-
 TER  ENTITY.  SUCH INFORMATION SHALL ALSO BE POSTED AND UPDATED ANNUALLY
 ON THE CHARTER SCHOOL'S WEBSITE.
   § 18. Subdivisions 2 and 3 of section 2856 of the  education  law  are
 renumbered subdivisions 3 and 4 and a new subdivision 2 is added to read
 as follows:
   2.  IN  THE  EVENT  THAT  IN ANY SCHOOL YEAR A CHARTER SCHOOL RECEIVES
 COMBINED PAYMENTS FROM ANY LOCAL, STATE, OR FEDERAL SOURCE  THAT  EXCEED
 EXPENDITURES FOR SUCH SCHOOL YEAR RELATED TO THE OPERATION OF SUCH CHAR-
 TER  SCHOOL  BY  SEVEN  PERCENT, THEN ANY EXCESS FUNDS ABOVE SUCH AMOUNT
 SHALL BE RETURNED PROPORTIONATELY TO ALL SCHOOL DISTRICTS THAT HAVE PAID
 TUITION TO SUCH CHARTER SCHOOL.

 A. 9506--A                         120
 
   § 19. Subdivision 3 of section 2856 of the education law, as added  by
 chapter  4  of the laws of 1998 and as renumbered by section eighteen of
 this act, is amended to read as follows:
   3.  (A)  In  the  event  of the failure of the school district to make
 payments required by this section, the state  comptroller  shall  deduct
 from  any state funds which become due to such school district an amount
 equal to the unpaid obligation. The comptroller shall pay over such  sum
 to  the  charter  school  upon  certification  of  the commissioner. The
 commissioner shall promulgate regulations to implement the provisions of
 this subdivision.
   (B) AT LEAST THIRTY DAYS PRIOR TO  SUBMISSION  OF  A  REQUEST  FOR  AN
 INTERCEPT  OF STATE FUNDS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
 THE CHARTER SCHOOL SHALL PROVIDE THE SCHOOL DISTRICT OF RESIDENCE WITH A
 LIST OF STUDENTS WHOSE TUITION IS PROPOSED TO BE INCLUDED IN THE  INTER-
 CEPT AND DOCUMENTATION OF ANY SPECIAL EDUCATION SERVICES PROVIDED BY THE
 CHARTER  SCHOOL,  THE  COST OF WHICH WOULD BE INCLUDED IN THE INTERCEPT.
 IF THE SCHOOL DISTRICT OBJECTS TO INCLUSION OF THE TUITION  OR  COST  OF
 SERVICES IN THE INTERCEPT, THE SCHOOL DISTRICT SHALL PROVIDE THE CHARTER
 SCHOOL  WITH  A  WRITTEN  STATEMENT  OF ITS REASONS FOR OBJECTING TO THE
 INTERCEPT THAT IDENTIFIES THE STUDENTS WHOSE COSTS ARE  IN  DISPUTE  AND
 THE  CHARTER  SCHOOL SHALL SCHEDULE A RESOLUTION SESSION FOR THE PURPOSE
 OF RESOLVING THE DISPUTE, WHICH SHALL BE HELD WITHIN FIVE BUSINESS  DAYS
 OF  RECEIPT  OF THE SCHOOL DISTRICT'S OBJECTION. EACH PARTY SHALL ENSURE
 THAT THEIR REPRESENTATIVES WHO ATTEND THE RESOLUTION ARE  FULLY  AUTHOR-
 IZED  TO  BIND  THE SCHOOL DISTRICT OR CHARTER SCHOOL, AND ANY AGREEMENT
 REACHED AT THE RESOLUTION SESSION SHALL BE FINAL AND BINDING  UPON  BOTH
 PARTIES.  IN  THE  EVENT THE SCHOOL DISTRICT DOES NOT NOTIFY THE CHARTER
 SCHOOL OF ITS OBJECTIONS WITHIN TEN DAYS OF ITS RECEIPT OF THE  LIST  OF
 STUDENTS  OR  FAILS  TO  PARTICIPATE IN A RESOLUTION SESSION, THE SCHOOL
 DISTRICT SHALL BE DEEMED TO HAVE WAIVED ITS OBJECTIONS TO THE  INTERCEPT
 AND  THE  CHARTER  SCHOOL  SHALL  NOT  BE REQUIRED TO OFFER A RESOLUTION
 SESSION. IF THE PARTIES ARE UNABLE TO REACH AGREEMENT  AT  A  RESOLUTION
 SESSION,  THEY  MAY AGREE TO SCHEDULE ADDITIONAL RESOLUTION SESSIONS OR,
 IF ONE OF THE PARTIES INFORMS THE OTHER THAT AGREEMENT IS NOT  POSSIBLE,
 THE  DISPUTE MAY BE RAISED BY THE DISTRICT AS A CHARTER SCHOOL COMPLAINT
 PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED  FIFTY-FIVE
 OF THIS ARTICLE, OR, IF THE DISPUTE CONCERNS THE RESIDENCY OF A STUDENT,
 AN  APPEAL MAY BE BROUGHT PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
 THE DEPARTMENT SHALL NOT PROCESS AN INTERCEPT FOR TUITION OR THE COST OF
 SERVICES OF A STUDENT WHOSE COSTS  ARE  IN  DISPUTE  UNTIL  THE  CHARTER
 SCHOOL  NOTIFIES  THE DEPARTMENT THAT A RESOLUTION SESSION HAS BEEN HELD
 AND NO AGREEMENT HAS BEEN REACHED, OR  THAT  NO  RESOLUTION  SESSION  IS
 REQUIRED  BECAUSE THE SCHOOL DISTRICT FAILED TO PROVIDE TIMELY NOTICE OR
 FAILED TO PARTICIPATE IN A SCHEDULED RESOLUTION SESSION.
   (C) IN THE EVENT OF A DISPUTE OVER THE RESIDENCY  OF  A  STUDENT,  THE
 SCHOOL  DISTRICT  SHALL MAKE ITS OWN RESIDENCY DETERMINATION PURSUANT TO
 THE REGULATIONS OF THE COMMISSIONER AFTER CONSIDERING THE PROOF OF RESI-
 DENCY SUBMITTED BY THE CHARTER SCHOOL, AND  SUCH  DETERMINATION  MAY  BE
 APPEALED  TO  THE COMMISSIONER BY THE CHARTER SCHOOL OR BY THE PARENT OR
 OTHER PERSON IN PARENTAL RELATION OR  BOTH  PURSUANT  TO  SECTION  THREE
 HUNDRED  TEN  OF  THIS  CHAPTER. DURING THE PENDENCY OF SUCH APPEAL, THE
 STUDENT SHALL BE DEEMED ENROLLED IN THE SCHOOL DISTRICT, SHALL BE  ENTI-
 TLED  TO  SERVICES  PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-EIGHT
 HUNDRED FIFTY-THREE OF THIS ARTICLE, AND THE SCHOOL  DISTRICT  SHALL  BE
 LIABLE  FOR  CHARTER SCHOOL TUITION, PROVIDED THAT UPON A FINAL DETERMI-
 NATION IN SUCH APPEAL THAT THE STUDENT IS NOT A RESIDENT OF  THE  SCHOOL

 A. 9506--A                         121
 
 DISTRICT,  THE  SCHOOL  DISTRICT MAY DEDUCT THE COST OF SUCH TUITION AND
 SERVICES FROM FUTURE PAYMENTS DUE THE CHARTER SCHOOL.
   §  20.  Subdivision 2 of section 2857 of the education law, as amended
 by chapter 101 of the laws of 2010, is amended and a new subdivision 2-a
 is added to read as follows:
   2. Each charter school shall submit to the charter entity and  to  the
 board  of regents an annual report. Such report shall be issued no later
 than the first day of August of each year for the preceding school  year
 and shall be made publicly available by such date and shall be posted on
 BOTH  the  charter school's [website] AND THE DEPARTMENT'S WEBSITES. The
 annual report shall be in such  form  as  shall  be  prescribed  by  the
 commissioner and shall include at least the following components:
   (a)  a charter school report card, which shall include measures of the
 comparative academic and fiscal performance of the school, as prescribed
 by the commissioner in regulations adopted for such purpose. Such  meas-
 ures  shall  include,  but  not be limited to, graduation rates, dropout
 rates, performance of students  on  standardized  tests,  college  entry
 rates,  total  spending per pupil and administrative spending per pupil.
 Such measures shall be presented in a format that is  easily  comparable
 to  similar public schools. In addition, the charter school shall ensure
 that such information is easily accessible to  the  community  including
 making  it  publicly available by transmitting it to local newspapers of
 general circulation and making it available for distribution at board of
 trustee meetings[.];
   (b) discussion of the progress made towards achievement of  the  goals
 set forth in the charter[.];
   (c)  a  certified  financial  statement  setting forth, by appropriate
 categories, the revenues and expenditures for the preceding school year,
 including a copy of the most recent  independent  fiscal  audit  of  the
 school  and  any  audit conducted by the comptroller of the state of New
 York[.];
   (d) efforts taken by the charter school in the existing  school  year,
 and  a  plan  for  efforts to be taken in the succeeding school year, to
 meet or exceed THE enrollment [and retention targets set by the board of
 regents or the board of trustees of the state university of New York, as
 applicable, of students with disabilities,  English  language  learners,
 and  students who are eligible applicants for the free and reduced price
 lunch program established pursuant to paragraph (e) of subdivision  four
 of section twenty-eight hundred fifty-one of this article.] REQUIREMENTS
 OF  SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO
 THOUSAND EIGHT HUNDRED FIFTY-FOUR OF THIS ARTICLE;
   (E) FOR ANY CHARTER SCHOOL THAT CONTRACTS WITH A MANAGEMENT COMPANY OR
 ANY OTHER ENTITY  THAT  PROVIDES  SERVICES  TO  THE  CHARTER  SCHOOL,  A
 DETAILED  STATEMENT  OF  SERVICES  PROVIDED TO THE CHARTER SCHOOL BY THE
 MANAGEMENT COMPANY AND/OR ANY OTHER ENTITY AND THE  AMOUNT  THE  CHARTER
 SCHOOL  PAYS  FOR  SUCH  SERVICES.  THE DEPARTMENT SHALL POST THE ANNUAL
 REPORTS SUBMITTED BY CHARTER SCHOOLS ON THE DEPARTMENT'S WEBSITE; AND
   (F) A NOTICE OF ANY RELATIONSHIP THAT MAY EXIST BETWEEN ANY MEMBER  OF
 A  CHARTER  SCHOOL'S  BOARD  OF TRUSTEES OR CHARTER SCHOOL STAFF AND ANY
 FOR-PROFIT OR NOT-FOR-PROFIT CORPORATE OR OTHER BUSINESS ENTITY THAT  IS
 RESPONSIBLE  FOR  THE  ADMINISTRATION,  MANAGEMENT  OR OPERATION OF SUCH
 CHARTER SCHOOL OR RELATED VENDOR.
   2-A. EACH CHARTER  SCHOOL  SHALL  POST  CONTACT  INFORMATION  FOR  THE
 SCHOOL'S  BOARD  OF TRUSTEES AS WELL AS THE NAME AND CONTACT INFORMATION
 OF THE SCHOOL'S CHARTER ENTITY ON THE WEBSITE OF THE CHARTER SCHOOL.

 A. 9506--A                         122
 
   § 21. Subdivision 7 of section 179-q of  the  state  finance  law,  as
 added by chapter 166 of the laws of 1991, is amended to read as follows:
   7.  "Not-for-profit  organization"  or "organization" means a domestic
 corporation incorporated pursuant to or otherwise subject  to  the  not-
 for-profit  corporation  law,  a charitable organization registered with
 the secretary of state, a special act corporation  created  pursuant  to
 chapter  four  hundred sixty-eight of the laws of eighteen hundred nine-
 ty-nine, as amended, a special act corporation formed pursuant to  chap-
 ter  two hundred fifty-six of the laws of nineteen hundred seventeen, as
 amended, a  corporation  authorized  pursuant  to  an  act  of  congress
 approved  January  fifth,  nineteen  hundred  five,  (33  stat. 599), as
 amended, a corporation established by merger of charitable organizations
 pursuant to an order of the supreme court, New York  county  dated  July
 twenty-first, nineteen hundred eighty-six and filed in the department of
 state  on  July  twenty-ninth,  nineteen hundred eighty-six, or a corpo-
 ration having tax exempt status under section 501(c)(3)  of  the  United
 States  Internal  revenue  code, and shall further be deemed to mean and
 include any federation of charitable organizations.  PROVIDED,  HOWEVER,
 THAT  A PUBLIC EDUCATIONAL ENTITY WITHIN THE MEANING OF SECTION SEVENTY-
 ONE OF PART C OF CHAPTER FIFTY-SEVEN OF THE LAWS OF  TWO  THOUSAND  FOUR
 SHALL  NOT  BE  DEEMED A "NOT-FOR-PROFIT ORGANIZATION" OR "ORGANIZATION"
 FOR PURPOSES OF THIS ARTICLE.
   § 22. This act shall take effect immediately.
 
                                  PART GG
 
   Section 1. Section 851 of the labor law, as added by  chapter  624  of
 the laws of 1999, is amended to read as follows:
   §  851. Administration. The department shall be the state's lead work-
 force investment and development agency AND SHALL BE RESPONSIBLE FOR THE
 ADMINISTRATION OF CERTAIN WORKFORCE INVESTMENT FUNDS APPROPRIATED ON  OR
 AFTER  APRIL  FIRST,  TWO  THOUSAND  EIGHTEEN FOR PROGRAMS THAT FOCUS ON
 EMERGING INDUSTRIES ACROSS NEW YORK STATE.
   § 2. Subdivision 3 of section 852 of the labor law, as added by  chap-
 ter 624 of the laws of 1999, is amended to read as follows:
   3.  Duties  and  responsibilities  of  the  board. (A) The board shall
 assist the governor in fulfilling the requirements of the federal  Work-
 force Investment Act of 1998 (P.L.105-220) including:
   [(a)] (I) development of the state plan;
   [(b)]  (II)  development  and  continuous  improvement  of a statewide
 system of activities that are funded under subtitle B of title I of  the
 federal  Workforce  Investment Act of 1998 (P.L. 105-220) or carried out
 through a one-stop delivery system that receives funds under such subti-
 tle, including:
   [(i)] (A) development of linkages in order to assure coordination  and
 nonduplication  among the programs and activities that comprise the one-
 stop delivery system; and
   [(ii)] (B) review of local plans;
   [(c)] (III) commenting at least once annually on  the  measures  taken
 pursuant to paragraph fourteen of subdivision (b) of section one hundred
 thirteen of the Carl D. Perkins Vocational and Applied Technology Educa-
 tion Act (20 U.S.C.2323 (b) (14));
   [(d)]  (IV)  designation  of  local  workforce  investment areas. With
 regard to designations that are not automatic or temporary, the governor
 may approve a request from any unit of general local government (includ-
 ing a combination of such units) for designation as a local area if  the

 A. 9506--A                         123
 
 board  determines,  taking into account the factors described in clauses
 (i) through (v) of subparagraph (B) of paragraph (1) of subdivision  (a)
 of  section  one hundred sixteen of the federal Workforce Investment Act
 of  1998  (P.L.  105-220), and recommends to the governor that such area
 should be so designated;
   [(e)] (V) development of allocation formulas for the  distribution  of
 funds  for adult employment and training activities and youth activities
 to local areas;
   [(f)] (VI) development and  continuous  improvement  of  comprehensive
 state  performance measures, including state adjusted levels of perform-
 ance to assess the effectiveness of the workforce investment  activities
 in the state;
   [(g)]  (VII) development of the statewide employment statistics system
 described in subdivision (e) of section  fifteen  of  the  Wagner/Peyser
 Act; and
   [(h)]  (VIII)  development  of  an  application  for  incentive grants
 awarded by the secretary of  labor  to  states  that  exceed  the  state
 adjusted levels of performance.
   (B)  THE  BOARD SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF CERTAIN
 WORKFORCE INVESTMENT FUNDS APPROPRIATED ON OR  AFTER  APRIL  FIRST,  TWO
 THOUSAND  EIGHTEEN INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING PROGRAMS
 THAT FOCUS ON EMERGING INDUSTRIES ACROSS NEW YORK STATE:
   (I) WORKFORCE DEVELOPMENT AND TRAINING PROGRAMS THAT ARE  ADMINISTERED
 BY THE RE-EMPLOYMENT SERVICE FUND ESTABLISHED UNDER SECTION FIVE HUNDRED
 FIFTY-TWO-A OF THIS CHAPTER;
   (II)  ADULT, YOUTH AND DISLOCATED WORKER EMPLOYMENT AND TRAINING LOCAL
 WORKFORCE INVESTMENT AREA PROGRAMS AND STATEWIDE RAPID  RESPONSE  ACTIV-
 ITIES  THAT  ARE FUNDED UNDER SUBTITLE B OF TITLE I OF THE FEDERAL WORK-
 FORCE INVESTMENT ACT OF 1998 (P.L. 105-220), PROVIDED, HOWEVER UP TO ONE
 MILLION DOLLARS SHALL BE USED FOR THE  DEVELOPMENT  OF  A  JOB  TRAINING
 PROGRAM  FOR  EMPLOYMENT  OPPORTUNITIES AT JOHN F. KENNEDY INTERNATIONAL
 AIRPORT;
   (III) JOB TRAINING FUNDS MADE AVAILABLE TO COMMUNITY COLLEGES BASED ON
 A WORKFORCE DEVELOPMENT PLAN SUBMITTED BY THE STATE  UNIVERSITY  OF  NEW
 YORK  OR THE CITY UNIVERSITY OF NEW YORK, AS APPROVED BY THE DIRECTOR OF
 THE BUDGET;
   (IV) STATE FINANCIAL ASSISTANCE FOR COMMUNITY COLLEGE CONTRACT COURSES
 AND WORKFORCE DEVELOPMENT ADMINISTERED BY THE STATE  UNIVERSITY  OF  NEW
 YORK OR THE CITY UNIVERSITY OF NEW YORK;
   (V)  SERVICES  AND EXPENSES TO SUPPORT COMMUNITY COLLEGES OF THE STATE
 UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW YORK IN  ESTABLISH-
 ING  AND  DEVELOPING  REGISTERED APPRENTICESHIP PROGRAMS WITH AREA BUSI-
 NESSES;
   (VI) PLANS FOR GRANT AWARDS AVAILABLE TO  ALL  COLLEGES,  UNIVERSITIES
 AND  COMMUNITY  COLLEGES  AS  DEFINED BY SECTION THREE HUNDRED FIFTY AND
 SECTION SIXTY-TWO HUNDRED TWO OF THE EDUCATION LAW THAT  PROVIDE  EXPER-
 IMENTAL  LEARNING  OPPORTUNITIES THAT CONNECT STUDENTS TO THE WORKFORCE,
 AS APPROVED BY THE GOVERNOR AND THE CHANCELLOR OF THE  STATE  UNIVERSITY
 OF NEW YORK OR THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK;
   (VII)  TAX  CREDITS  TO  NEW YORK STATE EMPLOYERS FOR PROCURING SKILLS
 TRAINING THAT UPGRADES OR IMPROVES THE PRODUCTIVITY OF  THEIR  EMPLOYEES
 PURSUANT TO ARTICLE TWENTY-TWO OF THE ECONOMIC DEVELOPMENT LAW; AND
   (VIII)  THE  DEVELOPMENT OF OFFSHORE WIND RESOURCES PURSUANT TO A PLAN
 ADMINISTERED BY THE NEW  YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT
 AUTHORITY.

 A. 9506--A                         124
 
   (C)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  EACH  OF THE PROGRAMS
 DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION  SHALL  BE  CONSIDERED  A
 "WORKFORCE  DEVELOPMENT  FUNDING  PROGRAM"  AS  DEFINED  BY  SUBDIVISION
 FIFTEEN OF SECTION TWENTY-ONE OF THIS CHAPTER.
   § 3. Section 853 of the labor law, as added by chapter 624 of the laws
 of 1999, is amended to read as follows:
   § 853. Report. 1. The department shall be responsible for the prepara-
 tion  of  the  annual  report to the secretary of labor describing those
 activities of the workforce investment board taken to  comply  with  the
 requirements  of  the  federal  Workforce  Investment  Act of 1998 (P.L.
 105-220), as well as a report to the governor and legislature describing
 such activities, on or before the first day of January, two thousand one
 and on the first day of January in each consecutive year thereafter.
   2. THE DEPARTMENT SHALL BE RESPONSIBLE FOR THE PREPARATION OF AN ANNU-
 AL REPORT TO EVALUATE THE ACTIVITIES OF THE WORKFORCE  INVESTMENT  BOARD
 WITH RESPECT TO ITS ADMINISTRATION OF CERTAIN WORKFORCE INVESTMENT FUNDS
 APPROPRIATED  ON  OR AFTER APRIL FIRST, TWO THOUSAND EIGHTEEN INCLUDING,
 BUT NOT LIMITED TO, PROGRAMS THAT FOCUS ON  EMERGING  INDUSTRIES  ACROSS
 NEW  YORK  STATE, AS AUTHORIZED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
 THREE OF SECTION EIGHT HUNDRED FIFTY-TWO OF THIS  ARTICLE.  SUCH  REPORT
 SHALL  BE  SUBMITTED  TO  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE THE  FIRST  DAY  OF
 JANUARY,  TWO THOUSAND NINETEEN AND EACH YEAR THEREAFTER BY THE FIRST OF
 JANUARY AND SHALL INCLUDE THE FOLLOWING INFORMATION:
   (A) THE NAME AND DESCRIPTION OF EACH PROGRAM AND A DESCRIPTION OF  THE
 WORKFORCE  INVESTMENT FUNDS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
 THE PROCESS BY WHICH SUCH FUNDS WERE DISTRIBUTED, ANY  CO-INVESTMENT  OR
 MATCHING REQUIREMENTS, AND ANY MAINTENANCE OF EFFORT REQUIREMENTS;
   (B) THE NUMBER AND TYPES OF JOBS, TRAINING, AND OTHER WORKFORCE DEVEL-
 OPMENT  OPPORTUNITIES  THAT  HAVE  BEEN CREATED IN THE STATE AND IN EACH
 LABOR MARKET REGION DEFINED BY THE DEPARTMENT  AS  THE  RESULT  OF  SUCH
 FUNDS;
   (C)  ALL  AMOUNTS  APPROPRIATED  TO  AND DISBURSED BY EACH PROGRAM FOR
 WORKFORCE DEVELOPMENT PURPOSES IN EACH OF THE MOST RECENT THREE YEARS;
   (D) A DETAILED ANALYSIS OF THE DISTRIBUTION AND  UTILIZATION  OF  SUCH
 FUNDS  FOR WORKFORCE DEVELOPMENT PURPOSES, TAKING INTO CONSIDERATION ANY
 PROGRAMMATIC OR GEOGRAPHIC RESTRICTIONS, INCLUDING, BUT NOT LIMITED  TO,
 A DESCRIPTION OF THE REGIONS AND INDIVIDUALS SERVED BY EACH PROGRAM;
   (E)  A  DETAILED  ANALYSIS OF THE IMPACT OF SUCH FUNDS ON THE CREATION
 AND DEVELOPMENT OF JOBS, TRAINING, AND OTHER WORKFORCE INVESTMENT OPPOR-
 TUNITIES IN NEW YORK STATE; AND
   (F) ALL RELEVANT DATA PERTAINING TO THE OUTCOMES AND EFFECTIVENESS  OF
 EACH PROGRAM AND THE NUMBER OF PERSONS SERVED BY SUCH FUNDING.
   § 4. This act shall take effect April 1, 2018.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, 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 judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective date of Parts A through GG of this act shall be
 as specifically set forth in the last section of such Parts.

2017-A9506B (ACTIVE) - Details

Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2017-A9506B (ACTIVE) - Summary

2017-A9506B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7506--B                                            A. 9506--B
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee  on  Ways  and  Means -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT intentionally omitted (Part A); to amend the  education  law  and
   chapter  537  of  the laws of 1976, relating to paid, free and reduced
   price breakfast for eligible pupils in certain  school  districts,  in
   relation to prohibiting meal shaming and to school breakfast and lunch
   programs (Part B); intentionally omitted (Part C); to amend the educa-
   tion  law,  in  relation  to  participation  in  recovery  high school
   programs (Part D); intentionally omitted (Part E); intentionally omit-
   ted (Part F); to amend chapter 57 of the laws  of  2012  amending  the
   social  services law and the family court act relating to establishing
   a juvenile justice services close to home initiative, and amending the
   social services law, the family court act and the executive law relat-
   ing to juvenile delinquents, in relation to  extending  the  close  to
   home  (CTH) initiative and juvenile justice reforms an additional five
   years; and to repeal certain provisions of paragraph (a)  of  subdivi-
   sion 8 of section 404 of the social services law relating to CTH fund-
   ing  and  reimbursement  (Part  G); intentionally omitted (Part H); to
   amend part G of chapter 57 of the laws of 2013, amending the executive
   law and the social services law relating to  consolidating  the  youth
   development  and delinquency prevention program and the special delin-
   quency prevention program, in relation to  extending  such  provisions
   (Part  I); to amend part K of chapter 57 of the laws of 2012, amending
   the education law, relating to authorizing the  board  of  cooperative
   educational  services to enter into contracts with the commissioner of
   children and family services to provide certain services, in  relation

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12672-04-8

 S. 7506--B                          2                         A. 9506--B

   to the effectiveness thereof (Part J); to amend the public authorities
   law,  in relation to adding the office of children and family services
   to the list of entities to whom the dormitory authority of  the  state
   of  New  York  (DASNY)  is  authorized  to  provide capital design and
   construction services (Part K); intentionally omitted (Part L); inten-
   tionally omitted (Part M);  intentionally  omitted  (Part  N);  inten-
   tionally omitted (Part O); to repeal subdivision 11 of section 6305 of
   the  education  law  relating  to the development of a methodology for
   calculating chargeback rates by the state university of New  York  and
   the  city  university of New York (Part P); to amend the public health
   law, in relation to providing  feminine  hygiene  products  in  public
   schools  (Part Q); relating to the creation of computer science educa-
   tion standards (Part R); to amend the education law,  in  relation  to
   appointees  to  the  state  board  for medicine (Part S); to amend the
   education law, in relation to the excelsior scholarship (Part  T);  to
   amend  the  education  law,  in  relation  to requiring regulations to
   permit tuition waivers for certain firefighters and fire officers  for
   CUNY;  and providing for the repeal of such provisions upon expiration
   thereof (Part U); to amend the  education  law,  in  relation  to  the
   foster  youth college success initiative (Part V); to amend the educa-
   tion law, in relation to enhanced tuition awards (Part  W);  to  amend
   the  private housing finance law, in relation to residential emergency
   services to offer home repairs to the elderly  program  (Part  X);  to
   amend the private housing finance law, in relation to disabled veteran
   access  to  home  for  heroes  contracts  (Part Y); to amend the state
   finance law, in relation to establishing the SUNY Stony Brook  Eastern
   Long  Island  Hospital  Affiliation escrow fund (Part Z); to amend the
   education law, in relation to establishing the New York state  teacher
   loan  forgiveness  program  (Part  AA); to amend the education law, in
   relation to the New York state  science  technology,  engineering  and
   mathematics  incentive  program  (Part BB); to amend the education law
   and the social services law, in relation to the education of  children
   in  foster  care  (Part  CC); and to amend the social services law, in
   relation to income savings plans for the city  of  New  York;  and  to
   amend  part  K  of  chapter 58 of the laws of 2010 amending the social
   services law relating to establishing the service  plan  demonstration
   project, in relation to the effectiveness thereof (Part DD)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 which are necessary to implement the state fiscal plan for the 2018-2019
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through DD. The effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part.   Any provision in  any  section  contained  within  a  Part,
 including  the  effective date of the Part, which makes a reference to a
 section "of this act", when used  in  connection  with  that  particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A

 S. 7506--B                          3                         A. 9506--B
 
                           Intentionally Omitted
 
                                  PART B
 
   Section 1. The education law is amended by adding a new section 908 to
 read as follows:
   § 908. PROHIBITION AGAINST MEAL SHAMING.  ALL PUBLIC SCHOOL DISTRICTS,
 CHARTER  SCHOOLS AND NON-PUBLIC SCHOOLS IN THE STATE THAT PARTICIPATE IN
 THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL BREAKFAST PROGRAM  IN  WHICH
 THERE  IS  A  SCHOOL  AT  WHICH ALL PUPILS ARE NOT ELIGIBLE TO BE SERVED
 BREAKFAST  AND  LUNCH  UNDER  THE  COMMUNITY  ELIGIBILITY  PROVISION  OR
 PROVISION  TWO  OF THE FEDERAL NATIONAL SCHOOL LUNCH ACT, 42 U.S.C. SEC.
 1751 ET SEQ., SHALL DEVELOP A PLAN TO ENSURE THAT A PUPIL  WHOSE  PARENT
 OR GUARDIAN HAS UNPAID SCHOOL MEAL FEES IS NOT SHAMED OR TREATED DIFFER-
 ENTLY  THAN A PUPIL WHOSE PARENT OR GUARDIAN DOES NOT HAVE UNPAID SCHOOL
 MEAL FEES. THE PLAN SHALL BE  SUBMITTED  TO  THE  COMMISSIONER  BY  JULY
 FIRST,  TWO  THOUSAND EIGHTEEN, OR SIXTY DAYS FROM THE EFFECTIVE DATE OF
 THIS SECTION AFTER ENACTMENT IN  CONFORMANCE  WITH  REGULATIONS  OF  THE
 COMMISSIONER.  AFTER  SUBMISSION  OF  SUCH  PLAN,  THE  SCHOOL OR SCHOOL
 DISTRICT SHALL ADOPT AND POST THE PLAN ON ITS WEBSITE.  THE  PLAN  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS:
   A.  A  STATEMENT  THAT THE SCHOOL OR SCHOOL DISTRICT SHALL PROVIDE THE
 STUDENT WITH THE STUDENT'S MEAL OF CHOICE FOR THAT  SCHOOL  DAY  OF  THE
 AVAILABLE  REIMBURSABLE MEAL CHOICES FOR SUCH SCHOOL DAY, IF THE STUDENT
 REQUESTS ONE, UNLESS THE STUDENT'S PARENT OR GUARDIAN  HAS  SPECIFICALLY
 PROVIDED  WRITTEN  PERMISSION TO THE SCHOOL TO WITHHOLD A MEAL, PROVIDED
 THAT THE SCHOOL OR SCHOOL DISTRICT SHALL ONLY  BE  REQUIRED  TO  PROVIDE
 ACCESS  TO  REIMBURSABLE  MEALS,  NOT  A LA CARTE ITEMS, ADULT MEALS, OR
 OTHER SIMILAR ITEMS;
   B. AN EXPLANATION OF HOW STAFF WILL BE  TRAINED  TO  ENSURE  THAT  THE
 SCHOOL OR SCHOOL DISTRICT'S PROCEDURES ARE CARRIED OUT CORRECTLY AND HOW
 THE  AFFECTED  PARENTS AND GUARDIANS WILL BE PROVIDED WITH ASSISTANCE IN
 ESTABLISHING ELIGIBILITY FOR FREE OR REDUCED-PRICE MEALS FOR THEIR CHIL-
 DREN;
   C. PROCEDURES REQUIRING THE SCHOOL OR SCHOOL DISTRICT  TO  NOTIFY  THE
 STUDENT'S  PARENT  OR  GUARDIAN  THAT THE STUDENT'S MEAL CARD OR ACCOUNT
 BALANCE IS EXHAUSTED AND UNPAID MEAL CHARGES ARE DUE.  THE  NOTIFICATION
 PROCEDURES  MAY  INCLUDE  A REPAYMENT SCHEDULE, BUT THE SCHOOL OR SCHOOL
 DISTRICT MAY NOT CHARGE ANY INTEREST OR  FEES  IN  CONNECTION  WITH  ANY
 MEALS CHARGED;
   D.  A  COMMUNICATION  PROCEDURE  DESIGNED TO SUPPORT ELIGIBLE FAMILIES
 ENROLLING IN THE NATIONAL FREE AND  REDUCED  PRICE  MEAL  PROGRAM.  SUCH
 COMMUNICATION  PROCEDURES  SHALL  ALSO INCLUDE A PROCESS FOR DETERMINING
 ELIGIBILITY WHEN A STUDENT OWES MONEY FOR FIVE OR  MORE  MEALS,  WHEREIN
 THE SCHOOL OR SCHOOL DISTRICT SHALL:
   I.  MAKE EVERY ATTEMPT TO DETERMINE IF A STUDENT IS DIRECTLY CERTIFIED
 TO BE ELIGIBLE FOR FREE MEALS;
   II. MAKE AT LEAST TWO  ATTEMPTS,  NOT  INCLUDING  THE  APPLICATION  OR
 INSTRUCTIONS  INCLUDED  IN  A  SCHOOL  ENROLLMENT  PACKET,  TO REACH THE
 STUDENT'S PARENT OR GUARDIAN AND HAVE THE PARENT OR GUARDIAN FILL OUT  A
 MEAL APPLICATION; AND
   III.  REQUIRE  A  SCHOOL  OR  SCHOOL DISTRICT TO CONTACT THE PARENT OR
 GUARDIAN TO OFFER ASSISTANCE WITH A MEAL APPLICATION, DETERMINE IF THERE
 ARE OTHER ISSUES WITHIN THE HOUSEHOLD THAT HAVE CAUSED THE CHILD TO HAVE
 INSUFFICIENT FUNDS TO PURCHASE A SCHOOL MEAL AND OFFER ANY OTHER ASSIST-
 ANCE THAT IS APPROPRIATE;

 S. 7506--B                          4                         A. 9506--B
 
   E. A CLEAR EXPLANATION OF  PROCEDURES  DESIGNED  TO  DECREASE  STUDENT
 DISTRESS  OR  EMBARRASSMENT, PROVIDED THAT, NO SCHOOL OR SCHOOL DISTRICT
 SHALL:
   I. PUBLICLY IDENTIFY OR STIGMATIZE A STUDENT WHO CANNOT PAY FOR A MEAL
 OR  WHO  OWES  A  MEAL  DEBT BY ANY MEANS INCLUDING, BUT NOT LIMITED TO,
 REQUIRING THAT A STUDENT WEAR A WRISTBAND OR HAND STAMP;
   II. REQUIRE A STUDENT WHO CANNOT PAY FOR A MEAL OR  WHO  OWES  A  MEAL
 DEBT TO DO CHORES OR OTHER WORK TO PAY FOR MEALS;
   III. REQUIRE THAT A STUDENT THROW AWAY A MEAL AFTER IT HAS BEEN SERVED
 BECAUSE  OF THE STUDENT'S INABILITY TO PAY FOR THE MEAL OR BECAUSE MONEY
 IS OWED FOR EARLIER MEALS;
   IV. TAKE ANY ACTION DIRECTED AT A PUPIL TO COLLECT UNPAID SCHOOL  MEAL
 FEES.  A  SCHOOL OR SCHOOL DISTRICT MAY ATTEMPT TO COLLECT UNPAID SCHOOL
 MEAL FEES FROM A PARENT OR GUARDIAN, BUT SHALL NOT USE A DEBT COLLECTOR,
 AS DEFINED IN SECTION EIGHT HUNDRED THREE OF THE FEDERAL CONSUMER CREDIT
 PROTECTION ACT, 15 U.S.C. SEC. 1692A; OR
   V. DISCUSS  ANY  OUTSTANDING  MEAL  DEBT  IN  THE  PRESENCE  OF  OTHER
 STUDENTS;
   F. A CLEAR EXPLANATION OF THE PROCEDURE TO HANDLE UNPAID MEAL CHARGES,
 PROVIDED  THAT  NOTHING  IN  THIS  SECTION  IS INTENDED TO ALLOW FOR THE
 UNLIMITED ACCRUAL OF DEBT;
   G. PROCEDURES TO ENROLL IN THE FREE AND REDUCED PRICE  LUNCH  PROGRAM,
 PROVIDED  THAT  SUCH  PROCEDURES SHALL INCLUDE THAT, AT THE BEGINNING OF
 EACH SCHOOL YEAR, A SCHOOL OR SCHOOL  DISTRICT  SHALL  PROVIDE  A  FREE,
 PRINTED  MEAL  APPLICATION  IN EVERY SCHOOL ENROLLMENT PACKET, OR IF THE
 SCHOOL OR SCHOOL DISTRICT CHOOSES TO USE AN ELECTRONIC MEAL APPLICATION,
 PROVIDE IN SCHOOL ENROLLMENT PACKETS AN EXPLANATION  OF  THE  ELECTRONIC
 MEAL  APPLICATION  PROCESS AND INSTRUCTIONS FOR HOW PARENTS OR GUARDIANS
 MAY REQUEST A PAPER APPLICATION AT NO COST;
   H. IF A SCHOOL OR SCHOOL DISTRICT BECOMES AWARE THAT A STUDENT WHO HAS
 NOT SUBMITTED A MEAL APPLICATION IS ELIGIBLE  FOR  FREE  OR  REDUCED-FEE
 MEALS, THE SCHOOL OR SCHOOL DISTRICT SHALL COMPLETE AND FILE AN APPLICA-
 TION  FOR  THE  STUDENT PURSUANT TO TITLE SEVEN, SECTION 245.6(D) OF THE
 CODE OF FEDERAL REGULATIONS; AND
   I. SCHOOL LIAISONS REQUIRED FOR HOMELESS, FOSTER, AND MIGRANT STUDENTS
 SHALL COORDINATE  WITH  THE  NUTRITION  DEPARTMENT  TO  MAKE  SURE  SUCH
 STUDENTS RECEIVE FREE SCHOOL MEALS, IN ACCORDANCE WITH FEDERAL LAW.
   §  2.  Section 4 of chapter 537 of the laws of 1976, relating to paid,
 free and reduced price breakfast for eligible pupils in  certain  school
 districts is renumbered section 6 and two new sections 4 and 5 are added
 to read as follows:
   §  4. A. ALL PUBLIC ELEMENTARY OR SECONDARY SCHOOLS IN THIS STATE, NOT
 INCLUDING A CHARTER SCHOOL AUTHORIZED BY ARTICLE  56  OF  THE  EDUCATION
 LAW,  WITH AT LEAST SEVENTY PERCENT OR MORE OF ITS STUDENTS ELIGIBLE FOR
 FREE OR REDUCED-PRICE MEALS UNDER  THE  FEDERAL  NATIONAL  SCHOOL  LUNCH
 PROGRAM  AS DETERMINED BY THE STATE EDUCATION DEPARTMENT BASED UPON DATA
 SUBMITTED BY SCHOOLS THROUGH THE BASIC EDUCATIONAL  DATA  SYSTEM  (BEDS)
 FOR  THE  PRIOR  SCHOOL  YEAR, SHALL BE REQUIRED TO OFFER ALL STUDENTS A
 SCHOOL BREAKFAST AFTER THE INSTRUCTIONAL DAY HAS BEGUN.
   B. EACH PUBLIC SCHOOL MAY DETERMINE  THE  BREAKFAST  SERVICE  DELIVERY
 MODEL THAT BEST SUITS ITS STUDENTS. SERVICE DELIVERY MODELS MAY INCLUDE,
 BUT  ARE  NOT LIMITED TO, BREAKFAST IN THE CLASSROOM, GRAB AND GO BREAK-
 FAST, AND BREAKFAST SERVED IN THE  CAFETERIA.  TIME  SPENT  BY  STUDENTS
 CONSUMING  BREAKFAST  MAY BE CONSIDERED INSTRUCTIONAL TIME WHEN STUDENTS
 CONSUME BREAKFAST IN THE STUDENTS' CLASSROOMS AND INSTRUCTION  IS  BEING
 PROVIDED  WHILE  STUDENTS  ARE  CONSUMING  BREAKFAST.  IN  DETERMINING A

 S. 7506--B                          5                         A. 9506--B
 
 SERVICE DELIVERY MODEL, SCHOOLS SHALL CONSULT  WITH  TEACHERS,  PARENTS,
 STUDENTS AND MEMBERS OF THE COMMUNITY.
   C.  SCHOOLS  SUBJECT  TO  THIS  REQUIREMENT  SHALL  PROVIDE  NOTICE TO
 STUDENTS' PARENTS AND GUARDIANS THAT THE SCHOOL WILL BE OFFERING  BREAK-
 FAST TO ALL STUDENTS AFTER THE INSTRUCTIONAL DAY HAS BEGUN.
   D.  ANY  SCHOOL  IDENTIFIED  PURSUANT TO THIS SECTION MAY APPLY TO THE
 COMMISSIONER OF EDUCATION FOR A WAIVER FROM ESTABLISHING A SCHOOL BREAK-
 FAST PROGRAM AFTER THE INSTRUCTIONAL DAY HAS BEGUN.  SUCH WAIVER MAY  BE
 GRANTED BY THE COMMISSIONER OF EDUCATION UPON THE SCHOOL DEMONSTRATING:
   I.  A  LACK  OF NEED FOR A SCHOOL BREAKFAST PROGRAM AFTER THE INSTRUC-
 TIONAL DAY HAS BEGUN BECAUSE OF A SUCCESSFUL EXISTING BREAKFAST PROGRAM;
 OR
   II. PROVIDING A SCHOOL BREAKFAST PROGRAM AFTER THE  INSTRUCTIONAL  DAY
 HAS BEGUN WOULD CAUSE ECONOMIC HARDSHIP FOR THE SCHOOL.
   THE  COMMISSIONER  OF  EDUCATION  SHALL  ANNUALLY REVIEW THE BASIS FOR
 WAIVERS GRANTED TO SCHOOLS.
   E. THE STATE EDUCATION DEPARTMENT SHALL:
   I. ON OR BEFORE MAY 1, 2018, AND ON OR BEFORE MAY 1 OF EACH YEAR THER-
 EAFTER PRECEDING EACH SCHOOL YEAR, PUBLISH ON ITS WEBSITE A LIST OF  THE
 PUBLIC  SCHOOLS  THAT MEET THE REQUIREMENTS FOR OPERATING SUCH PROGRAMS,
 AND PROVIDE NOTIFICATION TO SUCH SCHOOLS;
   II. DEVELOP AND DISTRIBUTE GUIDELINES FOR THE IMPLEMENTATION  OF  SUCH
 PROGRAMS,  WHICH  SHALL BE IN THE COMPLIANCE WITH ALL APPLICABLE FEDERAL
 AND STATE LAWS GOVERNING THE SCHOOL BREAKFAST PROGRAM;
   III. PROVIDE TECHNICAL ASSISTANCE RELATING TO  THE  IMPLEMENTATION  OF
 SUCH PROGRAM AND SUBMISSION OF CLAIMS FOR REIMBURSEMENT UNDER THE SCHOOL
 BREAKFAST PROGRAM; AND
   IV.  ANNUALLY  PUBLISH BY DECEMBER 2019, AND EACH DECEMBER THEREAFTER,
 ON ITS WEBSITE INFORMATION RELATING  TO  EACH  SCHOOL  SUBJECT  TO  THIS
 REQUIREMENT,  AS  WELL AS ANY OTHER SCHOOLS OPERATING SUCH PROGRAM WHICH
 ARE NOT SUBJECT TO THIS REQUIREMENT, IN  THE  PRIOR  SCHOOL  YEAR.  SUCH
 INFORMATION  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO: THE SCHOOL NAME,
 SERVICE DELIVERY MODELS IMPLEMENTED, STUDENT ENROLLMENT,  THE  FREE  AND
 REDUCED-PRICE  LUNCH PERCENTAGE, AND THE AVERAGE DAILY BREAKFAST PARTIC-
 IPATION RATE.
   § 5. A. NOTWITHSTANDING  ANY  MONETARY  LIMITATIONS  WITH  RESPECT  TO
 SCHOOL  LUNCH  PROGRAMS  CONTAINED  IN ANY LAW OR REGULATION, FOR SCHOOL
 LUNCH MEALS SERVED IN THE SCHOOL YEAR COMMENCING JULY 1, 2019  AND  EACH
 JULY 1 THEREAFTER, A SCHOOL FOOD AUTHORITY SHALL BE ELIGIBLE FOR A LUNCH
 MEAL  STATE SUBSIDY OF TWENTY-FIVE CENTS, WHICH SHALL INCLUDE ANY ANNUAL
 STATE SUBSIDY RECEIVED BY SUCH SCHOOL FOOD  AUTHORITY  UNDER  ANY  OTHER
 PROVISION  OF STATE LAW, FOR ANY SCHOOL LUNCH MEAL SERVED BY SUCH SCHOOL
 FOOD AUTHORITY; PROVIDED THAT THE SCHOOL FOOD AUTHORITY CERTIFIES TO THE
 STATE EDUCATION DEPARTMENT THROUGH THE APPLICATION SUBMITTED PURSUANT TO
 SUBDIVISION B OF THIS SECTION THAT SUCH FOOD AUTHORITY HAS PURCHASED  AT
 LEAST  THIRTY  PERCENT OF ITS TOTAL COST OF FOOD PRODUCTS FOR ITS SCHOOL
 LUNCH SERVICE PROGRAM FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR
 PROCESSORS IN THE PRECEDING SCHOOL YEAR.
   B. THE STATE EDUCATION DEPARTMENT, IN COOPERATION WITH THE  DEPARTMENT
 OF AGRICULTURE AND MARKETS, SHALL DEVELOP AN APPLICATION FOR SCHOOL FOOD
 AUTHORITIES TO SEEK AN ADDITIONAL STATE SUBSIDY PURSUANT TO THIS SECTION
 IN  A  TIMELINE  AND FORMAT PRESCRIBED BY THE COMMISSIONER OF EDUCATION.
 SUCH APPLICATION SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  DOCUMENTATION
 DEMONSTRATING  THE  SCHOOL FOOD AUTHORITY'S TOTAL FOOD PURCHASES FOR ITS
 SCHOOL LUNCH SERVICE PROGRAM, AND DOCUMENTATION DEMONSTRATING ITS  TOTAL
 FOOD  PURCHASES  AND  PERCENTAGES  FOR  SUCH PROGRAM FROM NEW YORK STATE

 S. 7506--B                          6                         A. 9506--B
 
 FARMERS, GROWERS, PRODUCERS OR PROCESSORS IN THE PRECEDING SCHOOL  YEAR.
 THE  APPLICATION  SHALL ALSO INCLUDE AN ATTESTATION FROM THE SCHOOL FOOD
 AUTHORITY'S CHIEF OPERATING OFFICER THAT IT PURCHASED  AT  LEAST  THIRTY
 PERCENT  OF ITS TOTAL COST OF FOOD PRODUCTS FOR ITS SCHOOL LUNCH SERVICE
 PROGRAM FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCESSORS IN
 THE PRECEDING SCHOOL YEAR IN ORDER TO MEET  THE  REQUIREMENTS  FOR  THIS
 ADDITIONAL  STATE  SUBSIDY. SCHOOL FOOD AUTHORITIES SHALL BE REQUIRED TO
 ANNUALLY APPLY FOR THIS SUBSIDY.
   C. THE STATE EDUCATION DEPARTMENT SHALL ANNUALLY  PUBLISH  INFORMATION
 ON  ITS  WEBSITE  COMMENCING  ON  SEPTEMBER 1, 2019 AND EACH SEPTEMBER 1
 THEREAFTER, RELATING TO EACH SCHOOL FOOD AUTHORITY THAT APPLIED FOR  AND
 RECEIVED  THIS  ADDITIONAL  STATE SUBSIDY, INCLUDING BUT NOT LIMITED TO:
 THE SCHOOL FOOD AUTHORITY NAME, STUDENT ENROLLMENT, AVERAGE DAILY  LUNCH
 PARTICIPATION,  TOTAL  FOOD  COSTS FOR ITS SCHOOL LUNCH SERVICE PROGRAM,
 TOTAL COST OF  FOOD  PRODUCTS  FOR  ITS  SCHOOL  LUNCH  SERVICE  PROGRAM
 PURCHASED FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCESSORS,
 AND  THE  PERCENT  OF TOTAL FOOD COSTS THAT WERE PURCHASED FROM NEW YORK
 STATE FARMERS, GROWERS, PRODUCERS OR PROCESSORS  FOR  ITS  SCHOOL  LUNCH
 SERVICE PROGRAM.
   §  3.  This act shall take effect immediately; provided, however, that
 subdivision a of section 4 of chapter 537 of the laws of 1976, as  added
 by section two of this act, shall take effect September 1, 2018.
 
                                  PART C
 
                           Intentionally Omitted
 
                                  PART D
 
   Section  1.  Subdivision  4  of  section  1950 of the education law is
 amended by adding a new paragraph oo to read as follows:
   OO. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES IS AUTHORIZED TO ENTER INTO A MEMORANDUM OF  UNDER-
 STANDING  WITH  THE  TRUSTEES  OR  BOARD OF EDUCATION OF A NON-COMPONENT
 SCHOOL DISTRICT, INCLUDING CITY SCHOOL  DISTRICTS  OF  CITIES  WITH  ONE
 HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS OR MORE, TO PARTICIPATE IN A
 RECOVERY HIGH SCHOOL PROGRAM OPERATED BY THE BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES FOR A PERIOD NOT TO EXCEED FIVE YEARS UPON SUCH TERMS AS
 SUCH TRUSTEES OR BOARD OF EDUCATION AND THE BOARD OF COOPERATIVE  EDUCA-
 TIONAL  SERVICES  MAY  MUTUALLY  AGREE, PROVIDED THAT SUCH AGREEMENT MAY
 PROVIDE FOR A CHARGE FOR ADMINISTRATION  OF  THE  RECOVERY  HIGH  SCHOOL
 PROGRAM  INCLUDING CAPITAL COSTS, BUT PARTICIPATING NON-COMPONENT SCHOOL
 DISTRICTS SHALL NOT BE LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES  AS
 DEFINED IN PARAGRAPH B OF THIS SUBDIVISION. COSTS ALLOCATED TO A PARTIC-
 IPATING NON-COMPONENT SCHOOL DISTRICT PURSUANT TO A MEMORANDUM OF UNDER-
 STANDING  SHALL  BE AIDABLE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION
 TO THE SAME EXTENT AND ON THE SAME BASIS AS COSTS ALLOCATED TO A  COMPO-
 NENT SCHOOL DISTRICT.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
                           Intentionally Omitted
 
                                  PART F

 S. 7506--B                          7                         A. 9506--B
 
                           Intentionally Omitted
 
                                  PART G
 
   Section 1. Subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of
 subdivision 8 of section 404 of the social services law are REPEALED.
   §  2.  Section  11 of subpart A of part G of chapter 57 of the laws of
 2012, amending the social services law and the family court act relating
 to establishing a juvenile justice services close to home initiative, is
 amended to read as follows:
   § 11. This act shall take effect April 1, 2012  and  shall  expire  on
 March  31,  [2018]  2023  when upon such date the provisions of this act
 shall be deemed repealed; provided, however, that effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date; provided, however, upon the repeal of this act, a social
 services  district that has custody of a juvenile delinquent pursuant to
 an approved juvenile justice services close  to  home  initiative  shall
 retain  custody of such juvenile delinquent until custody may be legally
 transferred in an orderly fashion to the office of children  and  family
 services.
   §  3.  Section  7  of subpart B of part G of chapter 57 of the laws of
 2012, amending the social services law, the family  court  act  and  the
 executive  law  relating  to juvenile delinquents, is amended to read as
 follows:
   § 7. This act shall take effect April 1,  2012  and  shall  expire  on
 March  31,  [2018]  2023  when upon such date the provisions of this act
 shall be deemed repealed; provided, however, that effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary for the implementation of this act on its effective date is author-
 ized  and  directed to be made and completed on or before such effective
 date.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after March 31, 2018.
 
                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
   Section  1.  Section  9  of  part G of chapter 57 of the laws of 2013,
 amending the executive law and  the  social  services  law  relating  to
 consolidating  the  youth development and delinquency prevention program
 and the special delinquency prevention program, is amended  to  read  as
 follows:
   §  9.  This act shall take effect January 1, 2014 and shall expire and
 be deemed repealed on December 31, [2018] 2021.
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section 1. Section 4 of part K of chapter 57  of  the  laws  of  2012,
 amending the education law, relating to authorizing the board of cooper-
 ative educational services to enter into contracts with the commissioner

 S. 7506--B                          8                         A. 9506--B
 
 of  children and family services to provide certain services, as amended
 by section 5 of part J of chapter 56 of laws of 2015, is amended to read
 as follows:
   § 4. This act shall take effect July 1, 2012 and shall expire June 30,
 [2018]  2021  when  upon  such  date the provisions of this act shall be
 deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART K
 
   Section 1. Paragraph (b) of subdivision  2  of  section  1676  of  the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THE STATE OF NEW YORK.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
                           Intentionally Omitted
 
                                  PART M
 
                           Intentionally Omitted
 
                                  PART N

                           Intentionally Omitted
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
   Section  1.  Subdivision  11  of  section 6305 of the education law is
 REPEALED.
   § 2. This act shall take effect immediately.
 
                                  PART Q
 
   Section 1. Title 6 of article 2 of the public health law, as added  by
 chapter  342 of the laws of 2014, is amended by adding a new section 267
 to read as follows:
   § 267. FEMININE  HYGIENE  PRODUCTS  IN  SCHOOLS.  ALL  ELEMENTARY  AND
 SECONDARY PUBLIC SCHOOLS IN THE STATE SERVING STUDENTS IN ANY GRADE FROM
 GRADE  SIX  THROUGH GRADE TWELVE SHALL PROVIDE FEMININE HYGIENE PRODUCTS
 IN THE RESTROOMS OF SUCH SCHOOL BUILDING  OR  BUILDINGS.  SUCH  PRODUCTS
 SHALL BE PROVIDED AT NO CHARGE TO STUDENTS.
   § 2. This act shall take effect July 1, 2018.
 
                                  PART R
 
   Section  1. Computer science education standards. 1.  The commissioner
 of education shall convene a working group including teachers and school
 administrators, industry experts, institutions of higher  education  and

 S. 7506--B                          9                         A. 9506--B
 
 employers  to review existing recognized computer science frameworks and
 develop draft model  New  York  state  computer  science  standards  for
 kindergarten  through  grade  12.   The workgroup shall use their educa-
 tional  or  technological  expertise  to ensure that the model standards
 they recommend to the commissioner of education  and  Board  of  Regents
 prepare students for postsecondary education or employment.
   2.  On  or  before December 1, 2019, the working group shall deliver a
 report to the commissioner of education and the Board of Regents detail-
 ing the findings of the working group and recommend draft model  kinder-
 garten through grade 12 computer science standards for their approval.
   § 2. This act shall take effect immediately.
 
                                  PART S
 
   Section  1.  Section  6523 of the education law, as amended by chapter
 364 of the laws of 1991, is amended to read as follows:
   § 6523. State board for medicine.  A state board for medicine shall be
 appointed by the board of regents on recommendation of the  commissioner
 for  the purpose of assisting the board of regents and the department on
 matters of professional licensing in accordance with section  sixty-five
 hundred  eight  of  this  title. The board shall be composed of not less
 than twenty physicians licensed in this state for at least  five  years,
 two of whom shall be doctors of osteopathy. TO THE EXTENT SUCH PHYSICIAN
 APPOINTEES  ARE AVAILABLE FOR APPOINTMENT, AT LEAST ONE OF THE PHYSICIAN
 APPOINTEES TO THE STATE BOARD FOR MEDICINE SHALL BE AN EXPERT ON  REDUC-
 ING  HEALTH DISPARITIES AMONG DEMOGRAPHIC SUBGROUPS, AND ONE SHALL BE AN
 EXPERT ON WOMEN'S HEALTH. The board shall also consist of not less  than
 two  physician's  assistants  licensed  to  practice  in this state. The
 participation of physician's  assistant  members  shall  be  limited  to
 matters relating to article one hundred thirty-one-B of this chapter. An
 executive  secretary  to  the  board  shall be appointed by the board of
 regents on recommendation of the commissioner  and  shall  be  either  a
 physician licensed in this state or a non-physician, deemed qualified by
 the commissioner and board of regents.
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section 1. Subdivisions 1 and 2 of section 669-h of the education law,
 as added by section 1 of part HHH of chapter 59 of the laws of 2017, are
 amended to read as follows:
   1.  Eligibility.  An  excelsior  scholarship award shall be made to an
 applicant who: (a) is matriculated in an approved program leading to  an
 undergraduate  degree  at  a New York state public institution of higher
 education; (b) if enrolled in (i) a public institution of higher  educa-
 tion  prior to application, has completed at least thirty combined cred-
 its per year following the student's  start  date,  or  its  equivalent,
 applicable  to his or her program or programs of study or (ii) an insti-
 tution of higher education prior to application, has completed at  least
 thirty  combined credits per year following the student's start date, or
 its equivalent, applicable to his or her program or  programs  of  study
 and  which were accepted upon transfer to a public institution of higher
 education; (c) enrolls in at  least  twelve  credits  per  semester  and
 completes  at  least  thirty  combined  credits  per  year following the
 student's start date, or  its  equivalent,  applicable  to  his  or  her
 program  or  programs  of  study  except  in  limited  circumstances  as

 S. 7506--B                         10                         A. 9506--B

 prescribed by the corporation in regulation.   Notwithstanding,  in  the
 student's last semester, the student may take at least one course needed
 to meet his or her graduation requirements and enroll in and complete at
 least twelve credit hours or its equivalent.  For students who are disa-
 bled  as  defined by the Americans With Disabilities Act of 1990, 42 USC
 12101, the corporation shall prescribe rules and regulations that  allow
 applicants who are disabled to be eligible for an award pursuant to this
 section based on modified criteria; (d) has an adjusted gross income FOR
 THE  QUALIFYING  YEAR,  as  SUCH  TERMS ARE defined in this subdivision,
 equal to or less than: (i) one hundred thousand dollars  for  recipients
 receiving  an award in the two thousand seventeen--two thousand eighteen
 academic year; (ii) one hundred  ten  thousand  dollars  for  recipients
 receiving  an  award in the two thousand eighteen--two thousand nineteen
 academic year; and (iii) one hundred twenty-five  thousand  dollars  for
 recipients receiving an award in the two thousand nineteen--two thousand
 twenty  academic year and thereafter; and (e) complies with the applica-
 ble provisions of this article and all requirements promulgated  by  the
 corporation for the administration of the program. Adjusted gross income
 shall  be  the total of the combined adjusted gross income of the appli-
 cant and the applicant's parents or the applicant  and  the  applicant's
 spouse,  if  married[,].  QUALIFYING  YEAR  SHALL  BE THE ADJUSTED GROSS
 INCOME as reported on the federal income tax  return,  or  as  otherwise
 obtained  by  the corporation, for the calendar year coinciding with the
 tax year established by the U.S.  department  of  education  to  qualify
 applicants  for  federal  student  financial  aid programs authorized by
 Title IV of the Higher Education Act of nineteen hundred sixty-five,  as
 amended,  for  the  school  year  in which application for assistance is
 made.  PROVIDED, HOWEVER, IF AN APPLICANT  DEMONSTRATES  TO  THE  CORPO-
 RATION  THAT  THERE HAS BEEN A CHANGE IN SUCH APPLICANT'S ADJUSTED GROSS
 INCOME IN THE YEAR(S) SUBSEQUENT TO  THE  QUALIFYING  YEAR  WHICH  WOULD
 QUALIFY  SUCH  APPLICANT FOR AN  AWARD, THE CORPORATION SHALL REVIEW AND
 MAKE A DETERMINATION AS TO WHETHER SUCH APPLICANT MEETS THE  REQUIREMENT
 SET  FORTH  IN  PARAGRAPH  (D)  OF  THIS SUBDIVISION BASED ON SUCH YEAR.
 PROVIDED, FURTHER THAT SUCH CHANGE WAS CAUSED BY  THE  DEATH,  PERMANENT
 AND TOTAL PHYSICAL OR MENTAL DISABILITY, DIVORCE, OR SEPARATION BY JUDI-
 CIAL  DECREE  OR  PURSUANT  TO AN AGREEMENT OF SEPARATION WHICH IS FILED
 WITH A COURT OF COMPETENT JURISDICTION OF ANY PERSON  WHOSE  INCOME  WAS
 REQUIRED  TO  BE  USED  TO  COMPUTE THE APPLICANT'S TOTAL ADJUSTED GROSS
 INCOME.
   2. Amount. Within amounts appropriated therefor and  based  on  avail-
 ability  of  funds, awards shall be granted beginning with the two thou-
 sand seventeen--two thousand eighteen academic year  and  thereafter  to
 applicants  that  the corporation has determined are eligible to receive
 such awards. The corporation shall grant such awards in an amount up  to
 five thousand five hundred dollars or actual tuition, whichever is less;
 provided,  however, (a) a student who receives educational grants and/or
 scholarships that cover the student's full cost of attendance shall  not
 be eligible for an award under this program; and (b) an award under this
 program  shall  be  applied to tuition after the application of payments
 received under the tuition assistance program pursuant  to  section  six
 hundred sixty-seven of this subpart, tuition credits pursuant to section
 six  hundred  eighty-nine-a of this article, federal Pell grant pursuant
 to section one thousand seventy of title twenty  of  the  United  States
 code, et. seq., and any other program that covers the cost of attendance
 UNLESS  EXCLUSIVELY  FOR  NON-TUITION EXPENSES, and the award under this
 program shall be reduced in the amount equal to such payments,  provided

 S. 7506--B                         11                         A. 9506--B
 
 that  the  combined  benefits  do  not exceed five thousand five hundred
 dollars. Upon notification of an award under this program, the  institu-
 tion  shall  defer the amount of tuition. Notwithstanding paragraph h of
 subdivision two of section three hundred fifty-five and paragraph (a) of
 subdivision  seven of section six thousand two hundred six of this chap-
 ter, and any other law, rule or regulation to the contrary,  the  under-
 graduate  tuition  charged  by the institution to recipients of an award
 shall not exceed the tuition rate established by the institution for the
 two thousand sixteen--two thousand  seventeen  academic  year  provided,
 however,  that  in  the two thousand twenty-one--two thousand twenty-two
 academic year and every four years thereafter, the undergraduate tuition
 charged by the institution to recipients of an award shall be  reset  to
 equal  the tuition rate established by the institution for the forthcom-
 ing academic year, provided further that the tuition  credit  calculated
 pursuant  to  section six hundred eighty-nine-a of this article shall be
 applied toward the tuition rate charged for recipients of an award under
 this program. Provided further that the state university of New York and
 the city university of New York  shall  provide  an  additional  tuition
 credit  to  students  receiving  an award to cover the remaining cost of
 tuition.
   § 2. This act shall take effect immediately.
 
                                  PART U
 
   Section 1. Subdivision 7 of section  6206  of  the  education  law  is
 amended by adding a new paragraph (d) to read as follows:
   (D)  NOTWITHSTANDING  THE  PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR
 LOCAL LAW, RULE OR REGULATION, THE BOARD OF  TRUSTEES  SHALL  PROMULGATE
 REGULATIONS TO PERMIT FIREFIGHTERS AND FIRE OFFICERS EMPLOYED BY THE NEW
 YORK  CITY  FIRE  DEPARTMENT,  WHO  ARE  ENROLLED IN PROGRAMS LEADING TO
 BACCALAUREATE OR HIGHER DEGREES AT A SENIOR COLLEGE OF THE CITY  UNIVER-
 SITY  TO ATTEND ONE COURSE WITHOUT TUITION, PROVIDED THAT SUCH COURSE IS
 RELATED TO THEIR EMPLOYMENT AS FIREFIGHTERS AND FIRE OFFICERS  AND  THAT
 SUCH  TUITION-WAIVED  ATTENDANCE  DOES  NOT  DENY COURSE ATTENDANCE AT A
 SENIOR COLLEGE OF THE CITY UNIVERSITY BY AN INDIVIDUAL WHO IS  OTHERWISE
 QUALIFIED UNDER THIS SECTION.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed July 1, 2020.
 
                                  PART V
 
   Section 1. Subdivision 5 of section  6456  of  the  education  law  is
 amended by adding a new paragraph e to read as follows:
   E.  TO  PROVIDE  SUPPLEMENTAL  HOUSING  AND MEALS FOR FOSTER YOUTH NOT
 CURRENTLY ENROLLED IN A POST-SECONDARY OPPORTUNITY PROGRAM AT THE  STATE
 UNIVERSITY OF NEW YORK.
   §  2.  Subdivision 4 of section 6456 of the education law, as added by
 section 1 of part X of chapter 56 of the laws of  2015,  is  amended  to
 read as follows:
   4. Funds for all programs under this section shall be awarded in equal
 amounts  per  foster  youth, EXCEPT FOR STUDENTS NOT ENROLLED IN A POST-
 SECONDARY OPPORTUNITY PROGRAM, to  each  institution  that  applies  for
 funding  allocated to its sector distribution as provided in subdivision
 three of this section and has an application that  is  approved  by  the
 commissioner.
   § 3. This act shall take effect immediately.

 S. 7506--B                         12                         A. 9506--B
 
                                  PART W
 
   Section  1.  Paragraphs a and d of subdivision 1 and subdivisions 3, 4
 and 5 of section 667-d of the education law, as added by  section  1  of
 part  III  of  chapter  59  of  the laws of 2017, are amended to read as
 follows:
   a. Establishment. Enhanced tuition awards are available  for  students
 who are enrolled in approved programs in private [not-for-profit] degree
 granting  institutions OF HIGHER EDUCATION except those institutions set
 forth in paragraph b of subdivision four of section six  hundred  sixty-
 one of this part and who demonstrate the ability to complete such cours-
 es,  in  accordance  with  standards  established  by  the commissioner;
 provided, that, no award shall exceed one hundred percent of the  amount
 of tuition charged.
   d.  Credit  requirements.  An award shall be made to an applicant who:
 (i) if enrolled in (A) a private DEGREE GRANTING institution  of  higher
 education  prior  to application, has completed at least thirty combined
 credits per year following the student's start date, or its  equivalent,
 applicable  to  his  or her program or programs of study or (B) a public
 DEGREE GRANTING institution of higher education  prior  to  application,
 has  completed  at  least thirty combined credits per year following the
 student's start date, or  its  equivalent,  applicable  to  his  or  her
 program  or programs of study and which were accepted upon transfer to a
 private DEGREE GRANTING institution of higher education; (ii) enrolls in
 at least twelve credits per  semester  and  completes  at  least  thirty
 combined  credits  per  year  following the student's start date, or its
 equivalent, applicable to his or her program or programs of study except
 in limited circumstances as prescribed by the corporation in regulation.
 Notwithstanding, in the student's last semester, the student may take at
 least one course needed to meet his or her graduation  requirements  and
 enroll  in  and complete at least twelve credit hours or its equivalent.
 For students who are disabled as defined by the Americans With Disabili-
 ties Act of 1990, 42 USC 12101, the corporation  shall  prescribe  rules
 and  regulations  that  allow applicants who are disabled to be eligible
 for an award pursuant to this section based on modified criteria.
   3. Income. An award shall be made to an applicant who has an  adjusted
 gross  income FOR THE QUALIFYING YEAR, as SUCH TERMS ARE defined in this
 subdivision, equal to or less than: (i) one hundred thousand dollars for
 recipients receiving an award in the two thousand  seventeen--two  thou-
 sand  eighteen  academic year; (ii) one hundred ten thousand dollars for
 recipients receiving an award in the two thousand eighteen--two thousand
 nineteen academic year;  and  (iii)  one  hundred  twenty-five  thousand
 dollars  for recipients receiving an award in the two thousand nineteen-
 -two thousand twenty academic year and thereafter. Adjusted gross income
 shall be the total of the combined adjusted gross income of  the  appli-
 cant  and  the  applicant's parents or the applicant and the applicant's
 spouse, if married[,]. QUALIFYING  YEAR  SHALL  BE  THE  ADJUSTED  GROSS
 INCOME  as  reported  on  the federal income tax return, or as otherwise
 obtained by the corporation, for the calendar year coinciding  with  the
 tax  year  established  by  the  U.S. department of education to qualify
 applicants for federal student  financial  aid  programs  authorized  by
 Title  IV of the Higher Education Act of nineteen hundred sixty-five, as
 amended, for the school year in  which  application  for  assistance  is
 made. PROVIDED, HOWEVER, IF AN APPLICANT DEMONSTRATES TO THE CORPORATION
 THAT  THERE  HAS BEEN A CHANGE IN SUCH APPLICANT'S ADJUSTED GROSS INCOME
 IN THE YEAR OR YEARS SUBSEQUENT TO THE QUALIFYING YEAR WHICH WOULD QUAL-

 S. 7506--B                         13                         A. 9506--B
 
 IFY SUCH APPLICANT FOR AN AWARD, THE CORPORATION SHALL REVIEW AND MAKE A
 DETERMINATION AS TO WHETHER SUCH APPLICANT  MEETS  THE  REQUIREMENT  SET
 FORTH  IN  THIS  SUBDIVISION  BASED ON SUCH YEAR. PROVIDED, FURTHER THAT
 SUCH  CHANGE  WAS  CAUSED  BY THE DEATH, PERMANENT AND TOTAL PHYSICAL OR
 MENTAL DISABILITY, DIVORCE, OR SEPARATION BY JUDICIAL DECREE OR PURSUANT
 TO AN AGREEMENT OF SEPARATION WHICH IS FILED WITH A COURT  OF  COMPETENT
 JURISDICTION  OF  ANY  PERSON  WHOSE  INCOME  WAS REQUIRED TO BE USED TO
 COMPUTE THE APPLICANT'S TOTAL ADJUSTED GROSS INCOME.
   4. Amount. Within the  amounts  appropriated  therefor  and  based  on
 availability  of  funds,  awards shall be granted beginning with the two
 thousand seventeen--two thousand eighteen academic year  and  thereafter
 to  applicants  that  the  corporation  has  determined  are eligible to
 receive such awards. [The amount] RECIPIENTS of  [the]  AN  award  under
 this  program  shall [be such that the sum] RECEIVE SIX THOUSAND DOLLARS
 THROUGH A COMBINATION of the ENHANCED TUITION  award  plus  a  student's
 tuition  assistance program award pursuant to section six hundred sixty-
 seven of this subpart plus the institution's matching award pursuant  to
 subdivision  five  of  this  section [shall equal six thousand dollars].
 PROVIDED, HOWEVER, ANY INSTITUTION THAT CHARGES TUITION THAT IS  REDUCED
 BY  GREATER  THAN  FIFTEEN PERCENT FROM THE LEVEL OF TUITION CHARGED SIX
 YEARS PRIOR TO THE ACADEMIC YEAR IN WHICH THE AWARD  IS  TO  BE  APPLIED
 SHALL  BE EXEMPT FROM THE REQUIREMENT TO PROVIDE SUCH MATCH AND STUDENTS
 ATTENDING SUCH INSTITUTIONS SHALL  RECEIVE  AN  ENHANCED  TUITION  AWARD
 WITHOUT SUCH INSTITUTIONAL MATCH.
   5.  Matching  awards.  Commencing with the two thousand seventeen--two
 thousand eighteen academic year  and  thereafter,  participating  insti-
 tutions  shall  credit each recipient's remaining tuition expenses in an
 amount equal to the recipient's award under this section.  [Such  credit
 shall  be  applied after the recipient has received an institutional aid
 package, if any, to ensure that this program does  not  reduce  institu-
 tional  aid that would otherwise be granted.] PROVIDED, HOWEVER THAT ANY
 INSTITUTION THAT CHARGES TUITION THAT IS REDUCED BY GREATER THAN FIFTEEN
 PERCENT FROM THE LEVEL OF TUITION CHARGED SIX YEARS PRIOR TO THE ACADEM-
 IC YEAR IN WHICH THE AWARD IS TO BE APPLIED SHALL  BE  EXEMPT  FROM  THE
 REQUIREMENT  TO PROVIDE SUCH MATCH, AND SHALL REMAIN EXEMPT FROM PROVID-
 ING SUCH MATCH TO SUCH RECIPIENT IN ANY  ACADEMIC  YEAR  IN  WHICH  SUCH
 RECIPIENT RECEIVES AN AWARD UNDER THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART X
 
   Section  1. The private housing finance law is amended by adding a new
 article 29 to read as follows:
                               ARTICLE XXIX
          RESIDENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO
                            THE ELDERLY PROGRAM
 SECTION 1260. STATEMENT OF LEGISLATIVE FINDINGS.
         1261. DEFINITIONS.
         1262. RESIDENTIAL EMERGENCY SERVICES TO OFFER  HOME  REPAIRS  TO
                 THE ELDERLY CONTRACTS.
   § 1260. STATEMENT  OF  LEGISLATIVE  FINDINGS.  THE  LEGISLATURE HEREBY
 FINDS AND DECLARES THAT THERE EXISTS IN NEW YORK STATE A NEED FOR FINAN-
 CIAL RESOURCES TO ASSIST SENIOR CITIZEN  HOMEOWNERS  WITH  THE  COST  OF
 ADDRESSING  EMERGENCIES  AND CODE VIOLATIONS THAT POSE A THREAT TO THEIR
 HEALTH AND SAFETY, OR AFFECTING THE LIVABILITY OF THEIR HOME.  PROVIDING

 S. 7506--B                         14                         A. 9506--B
 
 ASSISTANCE FOR THE COST OF MAKING SUCH CRITICAL REPAIRS WILL ENABLE MANY
 SENIORS TO CONTINUE TO LIVE INDEPENDENTLY IN THEIR OWN HOMES.
   § 1261. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION ESTAB-
 LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
   2. "ELIGIBLE APPLICANT" SHALL MEAN A UNIT OF LOCAL GOVERNMENT OR  NOT-
 FOR-PROFIT  CORPORATION  IN  EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS
 PRIOR TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD,  INCOR-
 PORATED  UNDER  THE  NOT-FOR-PROFIT CORPORATION LAW AND HAS BEEN ENGAGED
 PRIMARILY IN HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES.
   3. "RESIDENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO THE ELDER-
 LY PROGRAMS" SHALL MEAN A SERIES OF ACTIVITIES BY AN ELIGIBLE  APPLICANT
 TO  ADMINISTER  FUNDS  TO  PROVIDE  EITHER LOANS OR GRANTS TO HOMEOWNERS
 SIXTY YEARS OF AGE OR OLDER, WITH A HOUSEHOLD INCOME OF  LESS  THAN  ONE
 HUNDRED  PERCENT OF THE AREA MEDIAN INCOME, TO OVERSEE THE ADAPTATION OR
 RETROFITTING OF ELIGIBLE PROPERTIES.
   4. "ELIGIBLE PROPERTY" SHALL MEAN A HOUSING UNIT THAT IS  THE  PRIMARY
 RESIDENCE  OF  A  PERSON  THAT IS SIXTY YEARS OF AGE OR OLDER AND HAVE A
 HOUSEHOLD INCOME THAT DOES NOT EXCEED ONE HUNDRED PERCENT  OF  THE  AREA
 MEDIAN INCOME.
   § 1262. RESIDENTIAL  EMERGENCY  SERVICES  TO OFFER HOME REPAIRS TO THE
 ELDERLY CONTRACTS. 1. WITHIN THE LIMIT OF FUNDS AVAILABLE IN  THE  RESI-
 DENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO THE ELDERLY PROGRAM,
 THE CORPORATION IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH ELIGI-
 BLE APPLICANTS TO PROVIDE FINANCIAL ASSISTANCE FOR THE ACTUAL COSTS OF A
 RESIDENTIAL  EMERGENCY  SERVICES  TO  OFFER  HOME REPAIRS TO THE ELDERLY
 PROGRAM. THE FINANCIAL ASSISTANCE SHALL BE EITHER IN THE FORM OF  GRANTS
 OR  LOANS,  AS  THE  CORPORATION SHALL DETERMINE. FUNDS MUST BE USED FOR
 ONE- TO FOUR-UNIT DWELLINGS THAT ARE  OWNED  AND  OCCUPIED  BY  ELIGIBLE
 HOUSEHOLDS,  AND  WORK UNDERTAKEN CANNOT EXCEED TEN THOUSAND DOLLARS PER
 BUILDING.  NO MORE THAN FIFTY PERCENT OF THE TOTAL AMOUNT AWARDED PURSU-
 ANT TO THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO  ANY  RESI-
 DENTIAL  EMERGENCY SERVICES TO OFFER HOME REPAIRS TO THE ELDERLY PROGRAM
 LOCATED WITHIN ANY SINGLE MUNICIPALITY.
   2. FROM THE DATE OF THE EMERGENCY REFERRAL, THE ELIGIBLE APPLICANT HAS
 UP TO FIVE BUSINESS DAYS TO RESPOND AND INSPECT THE  ELIGIBLE  PROPERTY;
 FROM THE DATE OF THE INSPECTION AND ASSESSMENT OF EMERGENCY REPAIR NEED,
 THE  ELIGIBLE  APPLICANT MUST START THE REPAIRS WITHIN FOURTEEN BUSINESS
 DAYS; ALL REPAIRS MUST BE COMPLETED WITHIN SIXTY BUSINESS  DAYS  OF  THE
 START  OF  THE  REPAIRS  PROVIDED,  HOWEVER, THAT THE COMMISSIONER SHALL
 GRANT THE ELIGIBLE APPLICANT ADDITIONAL TIME FOR GOOD CAUSE.
   3. THE TOTAL PAYMENT PURSUANT TO ANY ONE  CONTRACT  SHALL  NOT  EXCEED
 FIVE  HUNDRED  THOUSAND  DOLLARS  AND  THE  CONTRACT  SHALL  PROVIDE FOR
 COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED THER-
 EIN, WHICH SHALL NOT IN ANY EVENT EXCEED THREE YEARS FROM ITS  COMMENCE-
 MENT.  UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE CONTRACT
 FOR UP TO TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE  SHOWN  BY  THE
 ELIGIBLE APPLICANT.
   4.  THE  CORPORATION  SHALL  AUTHORIZE THE ELIGIBLE APPLICANT TO SPEND
 SEVEN AND ONE-HALF PERCENT OF THE CONTRACT AMOUNT FOR APPROVED  PLANNING
 AND ADMINISTRATIVE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM.
   § 2. This act shall take effect immediately.
 
                                  PART Y

 S. 7506--B                         15                         A. 9506--B
 
   Section  1. The private housing finance law is amended by adding a new
 article 30 to read as follows:
                                ARTICLE XXX
                NEW YORK ACCESS TO HOME FOR HEROES PROGRAM
 SECTION 1270. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
         1271. DEFINITIONS.
         1272. ACCESS TO HOME FOR HEROES CONTRACTS.
   § 1270. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
 HEREBY  FINDS AND DECLARES THAT MANY DISABLED VETERANS IN NEW YORK STATE
 FACE A SIGNIFICANT IMPEDIMENT TO ACCESSIBLE AND AFFORDABLE HOUSING AS  A
 RESULT  OF SERVICE RELATED INJURIES, AGE OR HEALTH RELATED DISABILITIES.
 THESE MEN AND WOMEN HAVE SERVED OUR COUNTRY AND  STATE  WITH  HONOR  AND
 DISTINCTION  AND  DESERVE TO ACHIEVE MAXIMUM INDEPENDENCE, SOCIAL INTER-
 ACTION AND COMMUNITY INTEGRATION. PROVIDING  FINANCIAL  ASSISTANCE  WITH
 THE  COST  OF  ADAPTING  THE DWELLING UNITS OF OUR DISABLED VETERANS, IS
 FUNDAMENTAL TO PROVIDING FOR THE PROMISE OF LIVING  SAFELY,  COMFORTABLY
 AND PRODUCTIVELY IN THE MOST INTEGRATED SETTING OF THEIR CHOICE.
   § 1271. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION ESTAB-
 LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
   2. "ELIGIBLE APPLICANT" SHALL MEAN A CITY, TOWN, VILLAGE  OR  NOT-FOR-
 PROFIT  CORPORATION IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS PRIOR
 TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD,  INCORPORATED
 UNDER  THE NOT-FOR-PROFIT CORPORATION LAW AND HAS SUBSTANTIAL EXPERIENCE
 IN ADAPTING OR RETROFITTING HOMES FOR PERSONS WITH DISABILITIES.
   3. "VETERAN" SHALL MEAN A RESIDENT OF THIS STATE WHO (A) HAS SERVED IN
 THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR COAST GUARD  OR
 (B) HAS SERVED ON ACTIVE DUTY OR ORDERED TO ACTIVE DUTY AS DEFINED IN 10
 USC 101 (D)(1) AS A MEMBER OF THE NATIONAL GUARD OR OTHER RESERVE COMPO-
 NENT  OF  THE  ARMED  FORCES  OF  THE UNITED STATES OR (C) HAS SERVED ON
 ACTIVE DUTY OR ORDERED TO ACTIVE DUTY FOR THE STATE, AS A MEMBER OF  THE
 STATE ORGANIZED MILITIA AS DEFINED IN SUBDIVISION NINE OF SECTION ONE OF
 THE  MILITARY  LAW AND HAS BEEN RELEASED FROM SUCH SERVICE DOCUMENTED BY
 AN HONORABLE OR GENERAL DISCHARGE.
   4. "DISABLED VETERAN" SHALL MEAN A VETERAN  WITH,  INCLUDING  BUT  NOT
 LIMITED TO, A PERMANENT PHYSICAL OR MEDICAL IMPAIRMENT RESULTING FROM AN
 ANATOMICAL  OR  PHYSIOLOGICAL CONDITION WHICH PREVENTS THE EXERCISE OF A
 NORMAL BODILY FUNCTION, SUBSTANTIALLY LIMITS A MAJOR  LIFE  ACTIVITY  OR
 WHICH IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY DIAG-
 NOSTIC  TECHNIQUES.  A  PROFESSIONAL  EVALUATION  MUST BE PROVIDED WHICH
 IDENTIFIES THE DISABILITY, DESCRIBES THE SUBSTANTIAL  LIMITATION  CAUSED
 BY  THE DISABILITY, AND RECOMMENDS POTENTIAL STRUCTURAL MODIFICATIONS TO
 IMPROVE THE ACTIVITIES OF DAILY LIVING  WITHIN  AND/OR  ACCESS  TO  SUCH
 RESIDENCE IN CONSIDERATION OF SUCH DISABILITY.
   5.  "ACCESS  TO  HOME  FOR HEROES PROGRAMS" OR "PROGRAMS" SHALL MEAN A
 SERIES OF ACTIVITIES BY AN ELIGIBLE APPLICANT  TO  ADMINISTER  FUNDS  TO
 PROVIDE  GRANTS  TO HOMEOWNERS AND RENTERS AND TO OVERSEE THE ADAPTATION
 OR RETROFITTING OF ELIGIBLE PROPERTIES.
   6. "ELIGIBLE PROPERTY" SHALL MEAN A HOUSING UNIT THAT IS  THE  PRIMARY
 RESIDENCE  OF  A DISABLED VETERAN AND A TOTAL HOUSEHOLD INCOME THAT DOES
 NOT EXCEED ONE HUNDRED AND TWENTY PERCENT OF AREA MEDIAN INCOME. A PROP-
 ERTY SHALL NOT BE CONSIDERED AN ELIGIBLE PROPERTY IF THE  OWNER  OF  THE
 PROPERTY  IS  OTHERWISE  OBLIGATED  BY  FEDERAL,  STATE  OR LOCAL LAW TO
 PROVIDE THE IMPROVEMENTS FUNDED UNDER THIS ARTICLE.
   § 1272. ACCESS TO HOME FOR HEROES CONTRACTS. 1. WITHIN  THE  LIMIT  OF
 FUNDS  AVAILABLE  IN  THE  ACCESS TO HOME FOR HEROES PROGRAM, THE CORPO-

 S. 7506--B                         16                         A. 9506--B
 
 RATION IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH ELIGIBLE APPLI-
 CANTS TO PROVIDE FINANCIAL ASSISTANCE FOR THE ACTUAL COSTS OF AN  ACCESS
 TO  HOME  FOR  HEROES  PROGRAM. THE FINANCIAL ASSISTANCE SHALL BE IN THE
 FORM  OF  GRANTS. NO MORE THAN FIFTY PERCENT OF THE TOTAL AMOUNT AWARDED
 PURSUANT TO THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO ACCESS
 TO HOME PROGRAMS LOCATED WITHIN ANY SINGLE MUNICIPALITY.
   2. THE TOTAL PAYMENT PURSUANT TO ANY ONE  CONTRACT  SHALL  NOT  EXCEED
 FIVE  HUNDRED  THOUSAND  DOLLARS  AND  THE  CONTRACT  SHALL  PROVIDE FOR
 COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED THER-
 EIN, WHICH SHALL NOT IN ANY EVENT EXCEED THREE YEARS FROM ITS  COMMENCE-
 MENT.  UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE CONTRACT
 FOR UP TO TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE  SHOWN  BY  THE
 ELIGIBLE APPLICANT.
   3.  THE  CORPORATION  SHALL  AUTHORIZE THE ELIGIBLE APPLICANT TO SPEND
 SEVEN AND ONE-HALF PERCENT OF THE CONTRACT AMOUNT FOR APPROVED  ADMINIS-
 TRATIVE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM.
   4.  THE  CORPORATION  SHALL  REQUIRE  THAT,  IN ORDER TO RECEIVE FUNDS
 PURSUANT TO THIS ARTICLE, THE ELIGIBLE APPLICANT  SHALL  SUBMIT  A  PLAN
 WHICH  SHALL INCLUDE, BUT NOT BE LIMITED TO, PROGRAM FEASIBILITY, IMPACT
 ON THE COMMUNITY, BUDGET FOR EXPENDITURE OF PROGRAM  FUNDS,  A  SCHEDULE
 FOR  COMPLETION OF THE PROGRAM, AFFIRMATIVE ACTION AND MINORITY BUSINESS
 PARTICIPATION.
   § 2. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. The state finance law is amended by adding  a  new  section
 99-bb to read as follows:
   §  99-BB.  SUNY  STONY  BROOK EASTERN LONG ISLAND HOSPITAL AFFILIATION
 ESCROW FUND. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE,  REGU-
 LATION,  OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN THE
 JOINT CUSTODY OF THE COMPTROLLER AND THE CHANCELLOR OF THE STATE UNIVER-
 SITY OF NEW YORK (SUNY) A TRUST AND AGENCY FUND,  TO  BE  KNOWN  AS  THE
 "SUNY  STONY BROOK EASTERN LONG ISLAND HOSPITAL AFFILIATION ESCROW FUND"
 WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION.
   2. THE SUNY STONY  BROOK  EASTERN  LONG  ISLAND  HOSPITAL  AFFILIATION
 ESCROW FUND SHALL CONSIST OF (I) ALL MONIES GENERATED THROUGH THE ACTIV-
 ITIES  OF STONY BROOK AT EASTERN LONG ISLAND HOSPITAL, INCLUDING BUT NOT
 LIMITED TO PATIENT REVENUE, FEDERAL REIMBURSEMENT, AND OTHER  ASSOCIATED
 REVENUE  SOURCES,  (II)  RENT  PAYMENTS  MADE  BY STONY BROOK UNIVERSITY
 HOSPITAL TO THE EASTERN LONG ISLAND HOSPITAL ASSOCIATION UNDER A CERTAIN
 LEASE AGREEMENT APPROVED BY THE DIRECTOR OF THE BUDGET,  THE  OFFICE  OF
 THE NEW YORK STATE ATTORNEY GENERAL AND THE OFFICE OF THE NEW YORK STATE
 COMPTROLLER  AND (III) TO THE EXTENT PERMITTED UNDER THE LEASE AGREEMENT
 REFERRED TO IN PARAGRAPH  (II)  OF  THIS  SUBDIVISION,  WORKING  CAPITAL
 ADVANCES AND CAPITAL ACQUISITION ADVANCES MADE BY STONY BROOK UNIVERSITY
 HOSPITAL TO THE EASTERN LONG ISLAND HOSPITAL ASSOCIATION.
   3.  MONIES OF THE SUNY STONY BROOK EASTERN LONG ISLAND HOSPITAL AFFIL-
 IATION ESCROW FUND SHALL BE EXPENDED ONLY  FOR  THE  PURPOSES  OF  STONY
 BROOK AT EASTERN LONG ISLAND HOSPITAL.
   § 2. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1. The education law is amended by adding a new section 679-j
 to read as follows:

 S. 7506--B                         17                         A. 9506--B
 
   § 679-J.   THE NEW YORK STATE TEACHER  LOAN  FORGIVENESS  PROGRAM.  1.
 PURPOSE.  THE  PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR
 THE PURPOSE OF INCREASING THE NUMBER OF TEACHERS SERVING IN THE STATE.
   2.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
 SION, APPLICANTS SHALL (A) BE CERTIFIED AS A TEACHER;  (B)  BE  EMPLOYED
 FULL TIME IN THIS STATE IN AN ELEMENTARY OR SECONDARY SCHOOL; (C) COMPLY
 WITH  SUBDIVISIONS  THREE  AND  FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF
 THIS PART; (D) HAVE AN OUTSTANDING STUDENT LOAN DEBT; AND (E)  MEET  ONE
 OF THE FOLLOWING CRITERIA:
   (I) TEACH IN A SHORTAGE SUBJECT AREA;
   (II) TEACH IN A HARD TO STAFF DISTRICT; OR
   (III)  THE  APPLICANT IS ECONOMICALLY DISADVANTAGED, AS DEFINED BY THE
 CORPORATION.
   3. DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION, THE TERM  "SHORTAGE
 SUBJECT  AREA"  SHALL  MEAN  A  CURRICULUM SUBJECT MATTER OR PRACTICE OF
 TEACHING WHERE THERE IS A SHORTAGE OF TEACHERS IN  NEW  YORK  STATE,  AS
 DESIGNATED  BY  THE  DEPARTMENT,  AND  THE  TERM  "HARD  TO STAFF SCHOOL
 DISTRICTS" SHALL MEAN SCHOOL DISTRICTS THAT HAVE A SHORTAGE OF TEACHERS,
 AS DESIGNATED BY THE DEPARTMENT.
   4. PRIORITY. SUCH AWARDS SHALL BE MADE ANNUALLY TO APPLICANTS  IN  THE
 FOLLOWING PRIORITY:
   (A)  FIRST  PRIORITY  SHALL  BE  GIVEN TO APPLICANTS WHO HAVE RECEIVED
 PAYMENT OF AN AWARD PURSUANT TO THIS SECTION IN A PRIOR YEAR AND WHO, IN
 THE YEAR PRIOR TO APPLICATION, ARE TEACHERS IN (I)  A  SUBJECT  SHORTAGE
 AREA, OR (II) A HARD TO STAFF SCHOOL DISTRICT;
   (B) SECOND PRIORITY SHALL BE GIVEN TO APPLICANTS WHO HAVE NOT RECEIVED
 PAYMENT OF AN AWARD PURSUANT TO THIS SECTION IN A PRIOR YEAR AND WHO ARE
 TEACHERS  IN  (I)  A SUBJECT SHORTAGE AREA, OR (II) HARD TO STAFF SCHOOL
 DISTRICT IN THE YEAR PRIOR TO SUCH APPLICATION; AND
   (C) THIRD PRIORITY SHALL BE GIVEN TO APPLICANTS WHO  ARE  ECONOMICALLY
 DISADVANTAGED AS DEFINED BY THE CORPORATION.
   5.  AWARDS.  THE CORPORATION SHALL GRANT AWARDS PURSUANT TO THE AMOUNT
 APPROPRIATED FOR SUCH PURPOSE AND BASED ON AVAILABILITY OF FUNDS  IN  AN
 AMOUNT UP TO FIVE THOUSAND DOLLARS TO INDIVIDUALS WHO ARE EMPLOYED FULL-
 TIME AS TEACHERS FOR THE SCHOOL YEAR PRIOR TO SUCH APPLICATION, PROVIDED
 THAT  NO RECIPIENT SHALL RECEIVE AN AWARD THAT EXCEEDS THE TOTAL REMAIN-
 ING BALANCE OF THE STUDENT LOAN DEBT PURSUANT TO THIS SECTION, IN EXCESS
 OF TWENTY THOUSAND DOLLARS.
   6. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO  PROMULGATE
 RULES AND REGULATIONS AND MAY PROMULGATE EMERGENCY REGULATIONS NECESSARY
 FOR  THE  IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. IN THE EVENT
 THAT THERE ARE MORE APPLICANTS WHO HAVE THE SAME PRIORITY,  AS  PROVIDED
 IN  SUBDIVISION  FOUR  OF THIS SECTION, THAN THERE ARE REMAINING AWARDS,
 THE CORPORATION SHALL PROVIDE IN REGULATION THE METHOD  OF  DISTRIBUTING
 THE  REMAINING  NUMBER  OF  SUCH  AWARDS, WHICH MAY INCLUDE A LOTTERY OR
 OTHER FORM OF RANDOM SELECTION.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section 1. Section 669-e of the education law, as added by  section  1
 of  part  G  of  chapter  56  of the laws of 2014, is amended to read as
 follows:
   § 669-e. New York state science, technology, engineering and mathemat-
 ics incentive program. 1. Undergraduate students who are matriculated in
 an approved undergraduate program leading to a career in science,  tech-

 S. 7506--B                         18                         A. 9506--B
 
 nology,  engineering  or mathematics at a New York state public institu-
 tion of higher education FOR THE PURPOSE  OF  SUBDIVISION  TWO  OF  THIS
 SECTION,  OR  A  NEW  YORK  STATE PRIVATE DEGREE GRANTING INSTITUTION OF
 HIGHER  EDUCATION  FOR THE PURPOSE OF SUBDIVISION TWO-A OF THIS SECTION,
 shall be eligible for an award under this section, provided  the  appli-
 cant:  (a) graduates from a high school located in New York state during
 or after the two thousand thirteen--fourteen school year; and (b) gradu-
 ates within the top ten percent of his or her high school class; and (c)
 enrolls in full-time study each term beginning in the  fall  term  after
 his  or  her high school graduation in an approved undergraduate program
 in science, technology, engineering or mathematics, as  defined  by  the
 corporation, at a New York state public institution of higher education;
 and  (d)  signs a contract with the corporation agreeing that his or her
 award will be converted to a student loan in the event the student fails
 to comply with the terms of this program as  set  forth  in  subdivision
 four of this section; and (e) complies with the applicable provisions of
 this article and all requirements promulgated by the corporation for the
 administration of the program.
   2.  Awards shall be granted beginning with the two thousand fourteen--
 two thousand fifteen academic year and thereafter to applicants  AT  NEW
 YORK  STATE PUBLIC INSTITUTIONS OF HIGHER EDUCATION that the corporation
 has determined are eligible to  receive  such  awards.  The  corporation
 shall  grant such awards in an amount equal to the amount of undergradu-
 ate tuition for residents of New York state charged by the state univer-
 sity of New York or actual tuition charged, whichever is less; provided,
 however, (i) a student who receives educational grants  and/or  scholar-
 ships  that  cover  the  student's  full cost of attendance shall not be
 eligible for an award  under  this  program;  (ii)  for  a  student  who
 receives educational grants and/or scholarships that cover less than the
 student's full cost of attendance, such grants and/or scholarships shall
 not  be  deemed duplicative of this program and may be held concurrently
 with an award under this program, provided that the combined benefits do
 not exceed the student's full cost of attendance;  and  (iii)  an  award
 under  this program shall be applied to tuition after the application of
 all other educational grants and scholarships  limited  to  tuition  and
 shall  be  reduced  in an amount equal to such educational grants and/or
 scholarships. Upon notification of an  award  under  this  program,  the
 institution  shall  defer  the  amount of tuition equal to the award. No
 award shall be final until the recipient's successful  completion  of  a
 term has been certified by the institution.
   2-A. WITHIN AMOUNTS APPROPRIATED THEREFOR AND BASED ON AVAILABILITY OF
 FUNDS,  BEGINNING  WITH THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
 ACADEMIC YEAR AND THEREAFTER, AWARDS SHALL BE GRANTED TO  APPLICANTS  AT
 NEW  YORK STATE PRIVATE DEGREE GRANTING INSTITUTIONS OF HIGHER EDUCATION
 THAT THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH AWARDS.
 THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO THE AMOUNT
 OF UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK STATE CHARGED BY  THE
 STATE  UNIVERSITY  OF  NEW  YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS
 LESS; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES  EDUCATIONAL  GRANTS
 AND/OR  SCHOLARSHIPS  THAT  COVER  THE STUDENT'S FULL COST OF ATTENDANCE
 SHALL NOT BE ELIGIBLE FOR AN  AWARD  UNDER  THIS  PROGRAM;  (II)  FOR  A
 STUDENT  WHO  RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER
 LESS THAN THE STUDENT'S FULL COST  OF  ATTENDANCE,  SUCH  GRANTS  AND/OR
 SCHOLARSHIPS  SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM AND MAY BE
 HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM,  PROVIDED  THAT  THE
 COMBINED  BENEFITS  DO NOT EXCEED THE STUDENT'S FULL COST OF ATTENDANCE;

 S. 7506--B                         19                         A. 9506--B

 AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION  AFTER
 THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS LIMITED
 TO  TUITION  AND SHALL BE REDUCED IN AN AMOUNT EQUAL TO SUCH EDUCATIONAL
 GRANTS  AND/OR  SCHOLARSHIPS.   UPON NOTIFICATION OF AN AWARD UNDER THIS
 PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION EQUAL TO  THE
 AWARD.    NO  AWARD  SHALL  BE  FINAL  UNTIL  THE RECIPIENT'S SUCCESSFUL
 COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION.
   3. An eligible recipient shall not receive an award for more than four
 academic years of full-time undergraduate study or five  academic  years
 if  the  program  of  study  normally requires five years, excluding any
 allowable interruption of study.
   4. The corporation shall convert to a student loan the full amount  of
 the  award given pursuant to this section, plus interest, according to a
 schedule to be determined by the corporation if: (a) a  recipient  fails
 to  complete  an  approved undergraduate program in science, technology,
 engineering or mathematics or changes majors to a program of undergradu-
 ate study other than in science, technology, engineering or mathematics;
 or (b) upon completion of such undergraduate degree program a  recipient
 fails  to either (i) complete five years of continuous full time employ-
 ment in the science, technology, engineering or mathematics field with a
 public or private entity located within New York state, or (ii) maintain
 residency in New York state for such period  of  employment;  or  (c)  a
 recipient fails to respond to requests by the corporation for the status
 of  his  or  her academic or professional progress. The terms and condi-
 tions of this subdivision shall be deferred for individuals who graduate
 with a degree in an approved undergraduate program in science, technolo-
 gy, engineering or mathematics and enroll on at least a half-time  basis
 in  a  graduate or higher degree program or other professional licensure
 degree program until they are conferred a  degree,  and  shall  also  be
 deferred  for  any  interruption in undergraduate study or employment as
 established by the rules and regulations of the corporation.  The  terms
 and  conditions  of  this  subdivision  may also be deferred for a grace
 period, to be established by the corporation, following  the  completion
 of an approved undergraduate program in science, technology, engineering
 or mathematics a graduate or higher degree program or other professional
 licensure  degree program. Any obligation to comply with such provisions
 as outlined in this section shall be cancelled upon  the  death  of  the
 recipient.  Notwithstanding  any  provisions  of this subdivision to the
 contrary, the corporation is authorized to promulgate  rules  and  regu-
 lations  to  provide for the waiver or suspension of any financial obli-
 gation which would involve extreme hardship.
   5. The corporation is authorized to promulgate rules and  regulations,
 and  may promulgate emergency regulations, necessary for the implementa-
 tion of the provisions of this section, including, but not  limited  to,
 the  rate  of interest charged for repayment of the student loan AND THE
 CRITERIA FOR DISTRIBUTING THE AWARDS, WHICH MAY  INCLUDE  A  LOTTERY  OR
 OTHER FORM OF RANDOM SELECTION FOR AWARDS DISTRIBUTED PURSUANT TO SUBDI-
 VISION TWO-A OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART CC
 
   Section  1.  The education law is amended by adding a new section 3244
 to read as follows:
   § 3244. EDUCATION OF CHILDREN IN  FOSTER  CARE.  1.  DEFINITIONS.  FOR
 PURPOSES OF THIS SECTION ONLY, THE FOLLOWING DEFINITIONS SHALL APPLY:

 S. 7506--B                         20                         A. 9506--B
 
   A.  CHILD  OR  YOUTH IN FOSTER CARE. FOR THE PURPOSES OF THIS ARTICLE,
 THE TERM "CHILD OR YOUTH IN FOSTER CARE" SHALL MEAN A CHILD  WHO  IS  IN
 THE CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF A LOCAL COMMISSIONER
 OF  SOCIAL  SERVICES  OR  THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   B.  SCHOOL  DISTRICT  OF  ORIGIN. THE TERM "SCHOOL DISTRICT OF ORIGIN"
 SHALL MEAN THE SCHOOL DISTRICT WITHIN THE STATE OF NEW YORK IN WHICH THE
 CHILD OR YOUTH IN FOSTER CARE WAS ATTENDING A PUBLIC SCHOOL OR PRESCHOOL
 ON A TUITION-FREE BASIS OR WAS ENTITLED TO ATTEND AT THE TIME OF  PLACE-
 MENT INTO FOSTER CARE WHEN THE SOCIAL SERVICES DISTRICT OR THE OFFICE OF
 CHILDREN  AND  FAMILY  SERVICES  ASSUMED CARE AND CUSTODY OR CUSTODY AND
 GUARDIANSHIP OF SUCH CHILD OR YOUTH, WHICH IS DIFFERENT FROM THE  SCHOOL
 DISTRICT OF RESIDENCE.
   C.  SCHOOL  DISTRICT  OF RESIDENCE. THE TERM "SCHOOL DISTRICT OF RESI-
 DENCE" SHALL MEAN THE PUBLIC SCHOOL DISTRICT WITHIN  THE  STATE  OF  NEW
 YORK  IN  WHICH THE FOSTER CARE PLACEMENT IS LOCATED, WHICH IS DIFFERENT
 FROM THE SCHOOL DISTRICT OF ORIGIN.
   D. FEEDER SCHOOL. THE TERM "FEEDER SCHOOL" SHALL MEAN:
   (1) A PRESCHOOL WHOSE STUDENTS ARE  ENTITLED  TO  ATTEND  A  SPECIFIED
 ELEMENTARY SCHOOL OR GROUP OF ELEMENTARY SCHOOLS UPON COMPLETION OF THAT
 PRESCHOOL;
   (2) A SCHOOL WHOSE STUDENTS ARE ENTITLED TO ATTEND A SPECIFIED ELEMEN-
 TARY, MIDDLE, INTERMEDIATE, OR HIGH SCHOOL OR GROUP OF SPECIFIED ELEMEN-
 TARY,  MIDDLE,  INTERMEDIATE,  OR  HIGH  SCHOOLS  UPON COMPLETION OF THE
 TERMINAL GRADE OF SUCH SCHOOL; OR
   (3) A SCHOOL THAT SENDS ITS STUDENTS TO A RECEIVING SCHOOL IN A NEIGH-
 BORING SCHOOL DISTRICT PURSUANT TO SECTION TWO THOUSAND  FORTY  OF  THIS
 CHAPTER.
   E.  PRESCHOOL.  THE TERM "PRESCHOOL" SHALL MEAN A PUBLICLY FUNDED PRE-
 KINDERGARTEN PROGRAM ADMINISTERED BY THE DEPARTMENT OR  A  LOCAL  EDUCA-
 TIONAL  AGENCY  OR  A  HEAD START PROGRAM ADMINISTERED BY A LOCAL EDUCA-
 TIONAL AGENCY AND/OR SERVICES UNDER THE  INDIVIDUALS  WITH  DISABILITIES
 EDUCATION ACT ADMINISTERED BY A LOCAL EDUCATIONAL AGENCY.
   F. RECEIVING SCHOOL. THE TERM "RECEIVING SCHOOL" SHALL MEAN:
   (1)  A  SCHOOL  THAT  ENROLLS  STUDENTS  FROM  A SPECIFIED OR GROUP OF
 PRESCHOOLS, ELEMENTARY SCHOOLS, MIDDLE SCHOOLS, INTERMEDIATE SCHOOLS, OR
 HIGH SCHOOLS; OR
   (2) A SCHOOL THAT ENROLLS STUDENTS FROM A FEEDER SCHOOL IN A NEIGHBOR-
 ING LOCAL EDUCATIONAL AGENCY PURSUANT TO SECTION TWO THOUSAND  FORTY  OF
 THIS CHAPTER.
   G.  SCHOOL  OF ORIGIN. THE TERM "SCHOOL OF ORIGIN" SHALL MEAN A PUBLIC
 SCHOOL THAT A CHILD OR YOUTH ATTENDED AT  THE  TIME  OF  PLACEMENT  INTO
 FOSTER  CARE,  OR  THE  SCHOOL  IN  WHICH  THE  CHILD  OR YOUTH WAS LAST
 ENROLLED, INCLUDING A PRESCHOOL OR A CHARTER SCHOOL.  PROVIDED THAT, FOR
 A CHILD OR YOUTH IN FOSTER CARE WHO  COMPLETES  THE  FINAL  GRADE  LEVEL
 SERVED  BY  THE  SCHOOL  OF  ORIGIN,  THE  TERM "SCHOOL OF ORIGIN" SHALL
 INCLUDE THE DESIGNATED RECEIVING SCHOOL AT THE NEXT GRADE LEVEL FOR  ALL
 FEEDER  SCHOOLS.  WHERE  THE  CHILD  IS ELIGIBLE TO ATTEND SCHOOL IN THE
 SCHOOL DISTRICT OF ORIGIN BECAUSE THE CHILD WAS PLACED  IN  FOSTER  CARE
 AFTER SUCH CHILD IS ELIGIBLE TO APPLY, REGISTER, OR ENROLL IN THE PUBLIC
 PRESCHOOL  OR  KINDERGARTEN  OR  THE  CHILD  IS LIVING WITH A SCHOOL-AGE
 SIBLING WHO ATTENDS SCHOOL IN THE SCHOOL DISTRICT OF ORIGIN, THE  SCHOOL
 OF  ORIGIN  SHALL  INCLUDE  ANY PUBLIC SCHOOL OR PRESCHOOL IN WHICH SUCH
 CHILD WOULD HAVE BEEN ENTITLED OR  ELIGIBLE  TO  ATTEND  BASED  ON  SUCH
 CHILD'S  LAST RESIDENCE BEFORE THE CIRCUMSTANCES AROSE WHICH CAUSED SUCH
 CHILD TO BE PLACED IN FOSTER CARE.

 S. 7506--B                         21                         A. 9506--B
 
   2. CHOICE  OF  DISTRICT  AND  SCHOOL.  A.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW  TO  THE  CONTRARY,  THE SOCIAL SERVICES DISTRICT, IN
 CONSULTATION WITH THE APPROPRIATE LOCAL EDUCATIONAL AGENCY OR  AGENCIES,
 SHALL  DESIGNATE  EITHER  THE  SCHOOL  DISTRICT  OF ORIGIN OR THE SCHOOL
 DISTRICT  OF  RESIDENCE  WITHIN  WHICH THE CHILD IN FOSTER CARE SHALL BE
 ENTITLED TO ATTEND IN ACCORDANCE WITH A BEST INTEREST DETERMINATION MADE
 BY THE APPLICABLE SOCIAL SERVICES DISTRICT OR VOLUNTARY AUTHORIZED AGEN-
 CY, AS DEFINED IN PARAGRAPH (A) OF  SUBDIVISION  TEN  OF  SECTION  THREE
 HUNDRED  SEVENTY-ONE  OF THE SOCIAL SERVICES LAW, IN ACCORDANCE WITH THE
 REGULATIONS OF THE OFFICE OF CHILDREN AND  FAMILY  SERVICES.  THE  CHILD
 SHALL  BE  ENTITLED  TO  ATTEND  THE SCHOOL OF ORIGIN OR ANY SCHOOL THAT
 CHILDREN AND YOUTH WHO LIVE IN THE ATTENDANCE AREA IN WHICH  THE  FOSTER
 CARE PLACEMENT IS LOCATED ARE ELIGIBLE TO ATTEND, INCLUDING A PRESCHOOL,
 SUBJECT  TO  A BEST INTEREST DETERMINATION MADE BY THE APPLICABLE SOCIAL
 SERVICES DISTRICT OR VOLUNTARY AUTHORIZED AGENCY, AS  DEFINED  IN  PARA-
 GRAPH (A) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE
 SOCIAL SERVICES LAW, FOR THE DURATION OF THE CHILD'S PLACEMENT IN FOSTER
 CARE  AND  UNTIL  THE  END  OF THE SCHOOL YEAR IN WHICH SUCH CHILD IS NO
 LONGER IN FOSTER CARE AND FOR ONE ADDITIONAL YEAR IF THAT  YEAR  CONSTI-
 TUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
   B.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE
 THE SCHOOL DISTRICT OF ORIGIN OR SCHOOL  OF  ORIGIN  THAT  A  CHILD  WAS
 ATTENDING  ON  A  TUITION-FREE BASIS OR WAS ENTITLED TO ATTEND WHEN SUCH
 CHILD ENTERED FOSTER CARE IS LOCATED IN NEW YORK STATE AND  THE  CHILD'S
 FOSTER  CARE PLACEMENT IS LOCATED IN A CONTIGUOUS STATE, THE CHILD SHALL
 BE ENTITLED TO ATTEND THE SCHOOL OF ORIGIN OR ANY SCHOOL  THAT  CHILDREN
 AND  YOUTH  WHO  LIVE  IN  THE  ATTENDANCE AREA IN WHICH THE FOSTER CARE
 PLACEMENT IS LOCATED ARE ELIGIBLE  TO  ATTEND,  INCLUDING  A  PRESCHOOL,
 SUBJECT  TO  A BEST INTEREST DETERMINATION MADE BY THE APPLICABLE SOCIAL
 SERVICES DISTRICT OR VOLUNTARY AUTHORIZED AGENCY, AS  DEFINED  IN  PARA-
 GRAPH (A) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE
 SOCIAL SERVICES LAW, FOR THE DURATION OF THE CHILD'S PLACEMENT IN FOSTER
 CARE  AND  UNTIL  THE  END  OF THE SCHOOL YEAR IN WHICH SUCH CHILD IS NO
 LONGER IN FOSTER CARE AND FOR ONE ADDITIONAL YEAR IF THAT  YEAR  CONSTI-
 TUTES THE CHILD'S TERMINAL YEAR IN SUCH BUILDING.
   C. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OR B OF THIS SUBDIVI-
 SION, A CHILD IN FOSTER CARE WHO IS MOVED FROM ONE FOSTER CARE PLACEMENT
 TO  ANOTHER SHALL BE ENTITLED TO CONTINUE TO ATTEND THE SCHOOL OF ORIGIN
 OR THE SOCIAL SERVICES DISTRICT MAY DESIGNATE THAT THE CHILD  IN  FOSTER
 CARE  ATTEND  ANY SCHOOL THAT CHILDREN AND YOUTH WHO LIVE IN THE ATTEND-
 ANCE AREA IN WHICH THE FOSTER CARE PLACEMENT IS LOCATED ARE ELIGIBLE  TO
 ATTEND,  INCLUDING A PRESCHOOL, SUBJECT TO A BEST INTEREST DETERMINATION
 MADE BY THE APPLICABLE SOCIAL SERVICES DISTRICT OR VOLUNTARY  AUTHORIZED
 AGENCY,  AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, FOR THE DURATION OF  THE
 CHILD'S PLACEMENT IN FOSTER CARE AND UNTIL THE END OF THE SCHOOL YEAR IN
 WHICH  THE  CHILD IS NO LONGER IN SUCH FOSTER CARE PLACEMENT AND FOR ONE
 ADDITIONAL YEAR IF THAT YEAR CONSTITUTES THE CHILD'S  TERMINAL  YEAR  IN
 SUCH BUILDING.
   D.  UPON  NOTIFICATION  OF THE DESIGNATION MADE BY THE SOCIAL SERVICES
 DISTRICT FOR A FOSTER CARE YOUTH,  THE  DESIGNATED  SCHOOL  DISTRICT  OF
 ATTENDANCE SHALL IMMEDIATELY:
   (1)  ENROLL  THE  CHILD  OR  YOUTH IN FOSTER CARE EVEN IF THE CHILD OR
 YOUTH IS UNABLE TO PRODUCE RECORDS NORMALLY A  REQUIREMENT  FOR  ENROLL-
 MENT,  SUCH AS PREVIOUS ACADEMIC RECORDS, RECORDS OF IMMUNIZATION AND/OR
 OTHER REQUIRED HEALTH RECORDS, PROOF OF RESIDENCY OR OTHER DOCUMENTATION

 S. 7506--B                         22                         A. 9506--B
 
 AND/OR EVEN IF THE CHILD HAS MISSED APPLICATION OR ENROLLMENT  DEADLINES
 DURING  ANY  PERIOD OF PLACEMENT IN FOSTER CARE, IF APPLICABLE. PROVIDED
 THAT NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE IMMEDIATE  ATTEND-
 ANCE  OF  AN  ENROLLED STUDENT LAWFULLY EXCLUDED FROM SCHOOL TEMPORARILY
 PURSUANT TO SECTION NINE HUNDRED SIX OF THIS CHAPTER BECAUSE OF A COMMU-
 NICABLE OR  INFECTIOUS  DISEASE  THAT  IMPOSES  A  SIGNIFICANT  RISK  OF
 INFECTION OF OTHERS;
   (2)  TREAT  THE  CHILD  OR  YOUTH IN FOSTER CARE AS A RESIDENT FOR ALL
 PURPOSES; AND
   (3) MAKE A WRITTEN REQUEST TO THE SCHOOL DISTRICT  WHERE  THE  CHILD'S
 RECORDS ARE LOCATED FOR A COPY OF SUCH RECORDS.
   E.  WITHIN FIVE DAYS OF RECEIPT OF A REQUEST FOR RECORDS IN ACCORDANCE
 WITH SUBPARAGRAPH THREE OF PARAGRAPH D OF THIS SUBDIVISION,  THE  SCHOOL
 DISTRICT  SHALL  FORWARD,  IN A MANNER CONSISTENT WITH STATE AND FEDERAL
 LAW, A COMPLETE COPY OF THE RECORDS OF THE CHILD OR YOUTH IN FOSTER CARE
 INCLUDING, BUT NOT LIMITED TO, PROOF OF AGE,  ACADEMIC  RECORDS,  EVALU-
 ATIONS, IMMUNIZATION RECORDS, AND GUARDIANSHIP PAPERS, IF APPLICABLE.
   F. WHERE THE SCHOOL OF ORIGIN IS A CHARTER SCHOOL, THE SCHOOL DISTRICT
 DESIGNATED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED TO BE THE SCHOOL
 DISTRICT  OF RESIDENCE OF SUCH CHILD FOR PURPOSES OF FISCAL AND PROGRAM-
 MATIC RESPONSIBILITY UNDER ARTICLE FIFTY-SIX OF THIS CHAPTER  AND  SHALL
 BE  RESPONSIBLE  FOR  TRANSPORTATION OF THE CHILD IN FOSTER CARE. IF THE
 DESIGNATED SCHOOL DISTRICT OF ATTENDANCE IS NOT THE SCHOOL  DISTRICT  OF
 ORIGIN, THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE MAY SEEK REIMBURSE-
 MENT  FROM  THE  SCHOOL  DISTRICT  OF  ORIGIN  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SUBDIVISION FOUR OF SECTION THIRTY-TWO HUNDRED TWO OF THIS
 ARTICLE.
   G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  EACH
 LOCAL  EDUCATIONAL AGENCY, AS SUCH TERM IS DEFINED IN SUBSECTION TWENTY-
 SIX OF SECTION NINETY-ONE HUNDRED ONE OF THE  ELEMENTARY  AND  SECONDARY
 EDUCATION  ACT  OF 1965, AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT OF
 2015, SHALL DESIGNATE A LOCAL EDUCATIONAL AGENCY POINT  OF  CONTACT  FOR
 CHILDREN  AND  YOUTH IN FOSTER CARE. PROVIDED THAT SUCH POINT OF CONTACT
 SHALL NOT BE THE SAME AS THE LIAISON DESIGNATED PURSUANT TO THE SUBTITLE
 B OF TITLE VII OF THE MCKINNEY-VENTO ASSISTANCE ACT, UNLESS  THE  MCKIN-
 NEY-VENTO  LIAISON  HAS SUFFICIENT ABILITY TO CARRY OUT THE RESPONSIBIL-
 ITIES OF THE MCKINNEY-VENTO LIAISON IN ADDITION TO THE  RESPONSIBILITIES
 OF THE POINT OF CONTACT FOR CHILDREN AND YOUTH IN FOSTER CARE.
   3.  REIMBURSEMENT. THE TUITION COSTS OF THE EDUCATION OF SUCH CHILD OR
 YOUTH IN FOSTER CARE SHALL BE BORNE IN ACCORDANCE WITH THE PROVISIONS OF
 PARAGRAPH D OF SUBDIVISION FOUR OF SECTION  THIRTY-TWO  HUNDRED  TWO  OF
 THIS ARTICLE.
   4.  TRANSPORTATION. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY
 CHILD OR YOUTH IN FOSTER CARE WHO REQUIRES TRANSPORTATION  IN  ORDER  TO
 ATTEND A SCHOOL OF ORIGIN DESIGNATED PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION,  SHALL  BE  ENTITLED TO RECEIVE SUCH TRANSPORTATION PURSUANT TO
 THIS PARAGRAPH. THE  DESIGNATED  SCHOOL  DISTRICT  OF  ATTENDANCE  SHALL
 PROVIDE  TRANSPORTATION  TO  AND  FROM THE CHILD'S FOSTER CARE PLACEMENT
 LOCATION AND THE SCHOOL OF ORIGIN.  ANY COST INCURRED FOR SUCH TRANSPOR-
 TATION THAT IS ALLOWABLE UP TO FIFTY MILES  EACH  WAY  PURSUANT  TO  THE
 APPLICABLE  PROVISION OF PARTS TWO AND THREE OF ARTICLE SEVENTY-THREE OF
 THIS CHAPTER OR HEREIN, SHALL BE AIDABLE PURSUANT TO  SUBDIVISION  SEVEN
 OF  SECTION  THIRTY-SIX  HUNDRED  TWO OF THIS CHAPTER, PROVIDED THAT THE
 APPROVED TRANSPORTATION EXPENSE SHALL NOT EXCEED AN AMOUNT DETERMINED BY
 THE COMMISSIONER TO BE THE TOTAL COST FOR PROVIDING THE MOST COST-EFFEC-

 S. 7506--B                         23                         A. 9506--B
 
 TIVE MODE OF SUCH TRANSPORTATION IN A MANNER CONSISTENT WITH THE COMMIS-
 SIONER'S REGULATIONS.
   B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, WHERE ANY CHILD OR
 YOUTH IN FOSTER CARE ATTENDS THE SCHOOL DISTRICT OF RESIDENCE  AND  SUCH
 CHILD  DOES  NOT ATTEND THE SCHOOL OF ORIGIN, SUCH SCHOOL DISTRICT SHALL
 PROVIDE TRANSPORTATION TO SUCH CHILD ON THE SAME  BASIS  AS  A  RESIDENT
 STUDENT.  ANY  COST  INCURRED  FOR SUCH TRANSPORTATION THAT IS ALLOWABLE
 PURSUANT TO THE APPLICABLE PROVISIONS OF PARTS TWO AND THREE OF  ARTICLE
 SEVENTY-THREE  OF  THIS  CHAPTER OR HEREIN, SHALL BE AIDABLE PURSUANT TO
 SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED  TWO  OF  THIS  CHAPTER,
 PROVIDED  THAT  THE  APPROVED TRANSPORTATION EXPENSE SHALL NOT EXCEED AN
 AMOUNT DETERMINED BY THE COMMISSIONER TO BE THE TOTAL COST FOR PROVIDING
 THE MOST COST-EFFECTIVE MODE OF SUCH TRANSPORTATION IN A MANNER CONSIST-
 ENT WITH THE COMMISSIONER'S REGULATIONS.
   C. EXCESS ALLOWABLE TRANSPORTATION COSTS BEYOND  THOSE  REIMBURSED  IN
 PARAGRAPHS  A AND B OF THIS SUBDIVISION RESULTING FROM THE ATTENDANCE OF
 A CHILD OR YOUTH IN FOSTER CARE  SHALL  BE  SHARED  BETWEEN  THE  SOCIAL
 SERVICES  DISTRICT RESPONSIBLE FOR THE FOSTER CARE COSTS OF THE CHILD OR
 YOUTH AND THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE  EQUALLY.  EXCESS
 TRANSPORTATION  COSTS  SHALL  MEAN  THE DIFFERENCE BETWEEN WHAT A SCHOOL
 DISTRICT OTHERWISE WOULD SPEND TO TRANSPORT A  STUDENT  TO  HIS  OR  HER
 ASSIGNED  SCHOOL  AND THE COST OF TRANSPORTING A CHILD IN FOSTER CARE TO
 HIS OR HER SCHOOL OF ORIGIN; EXCEPT AS OTHERWISE REIMBURSED UNDER  PARA-
 GRAPH  A  OR B OF THIS SUBDIVISION AND AS FURTHER DEFINED IN REGULATIONS
 OF THE COMMISSIONER. THE  SCHOOL  DISTRICT  AND  LOCAL  SOCIAL  SERVICES
 DISTRICT  ARE  EXPECTED  TO  CONSIDER  AND UTILIZE ALL ALLOWABLE FUNDING
 SOURCES, INCLUDING ANY AVAILABLE  FEDERAL  FUNDS,  TO  COVER  ADDITIONAL
 TRANSPORTATION  COSTS. PROVIDED HOWEVER THAT SCHOOL DISTRICTS AND SOCIAL
 SERVICES DISTRICTS THAT HAVE WRITTEN AGREEMENTS RELATING TO  HOW  EXCESS
 TRANSPORTATION COSTS SHOULD BE FUNDED, THAT BOTH ENTITIES HAVE AGREED TO
 AND  ARE  CONSISTENT WITH THE REQUIREMENTS IN SUBPARAGRAPH FIVE OF PARA-
 GRAPH C OF SECTION ONE THOUSAND ONE HUNDRED TWELVE OF  TITLE  TWENTY  OF
 THE  ELEMENTARY  AND  SECONDARY EDUCATION ACT OF 1965, AS AMENDED BY THE
 EVERY STUDENT SUCCEEDS ACT OF 2015, FILED WITH THE  DEPARTMENT  AND  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES SHALL NOT BE SUBJECT TO THIS
 PARAGRAPH. IN THE ABSENCE  OF  SUCH  A  SHARED  AGREEMENT,  SUCH  SCHOOL
 DISTRICTS  AND  LOCAL  DEPARTMENTS OF SOCIAL SERVICES ARE SUBJECT TO THE
 PROVISIONS OF THIS PARAGRAPH.
   D. WHERE THE CHILD HAS BEEN PLACED IN  FOSTER  CARE  IN  A  CONTIGUOUS
 STATE  AND HAS DESIGNATED A SCHOOL OF ORIGIN LOCATED IN THE STATE OF NEW
 YORK, THE DESIGNATED SCHOOL DISTRICT OF ATTENDANCE  IN  NEW  YORK  STATE
 SHALL  COLLABORATE  WITH  THE  SOCIAL  SERVICES  DISTRICT TO ARRANGE FOR
 TRANSPORTATION.
   5. EACH CHILD OR YOUTH IN  FOSTER  CARE  TO  BE  ASSISTED  UNDER  THIS
 SECTION  SHALL  BE  PROVIDED  SERVICES COMPARABLE TO SERVICES OFFERED TO
 OTHER STUDENTS IN THE SCHOOL SELECTED UNDER THIS SECTION, INCLUDING  THE
 FOLLOWING:  TRANSPORTATION  SERVICES; EDUCATIONAL SERVICES FOR WHICH THE
 CHILD OR YOUTH MEETS THE ELIGIBILITY CRITERIA, SUCH AS SERVICES PROVIDED
 UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF  1965  OR
 SIMILAR  STATE OR LOCAL PROGRAMS; EDUCATIONAL PROGRAMS FOR CHILDREN WITH
 DISABILITIES; EDUCATIONAL PROGRAMS FOR  ENGLISH  LEARNERS;  PROGRAMS  IN
 CAREER  AND  TECHNICAL  EDUCATION;  PROGRAMS  FOR  GIFTED  AND  TALENTED
 STUDENTS; AND SCHOOL NUTRITION PROGRAMS.
   6. THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF  CHILDREN  AND
 FAMILY SERVICES, MAY PROMULGATE REGULATIONS TO CARRY OUT THE PURPOSES OF
 THIS SECTION.

 S. 7506--B                         24                         A. 9506--B
 
   §  2.  Subdivision 4 of section 3202 of the education law, as added by
 chapter 867 of the laws of 1973 and renumbered by  chapter  563  of  the
 laws  of  1980,  paragraph  a, the opening paragraph of paragraph e, the
 opening paragraph of paragraph f and subparagraph (viii) of paragraph  f
 as  amended  and  paragraph f as designated by chapter 82 of the laws of
 1995, paragraphs e and g as amended and subparagraphs (i), (ii),  (iii),
 (iv),  (v), (vi) and (vii) of paragraph f as added by chapter 170 of the
 laws of 1994, and paragraph g as relettered by chapter 82 of the laws of
 1995, is amended to read as follows:
   4. a.  DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION ONLY, THE FOLLOW-
 ING DEFINITIONS SHALL APPLY.
   (I) THE TERM  "SCHOOL  DISTRICT  OF  ORIGIN"  SHALL  MEAN  THE  SCHOOL
 DISTRICT  WITHIN  THE  STATE  OF NEW YORK IN WHICH THE CHILD OR YOUTH IN
 FOSTER CARE WAS ATTENDING A PUBLIC SCHOOL OR PRESCHOOL ON A TUITION-FREE
 BASIS OR WAS ENTITLED TO ATTEND WHEN THE  SOCIAL  SERVICES  DISTRICT  OR
 OFFICE  OF  CHILDREN  AND FAMILY SERVICES ASSUMED RESPONSIBILITY FOR THE
 PLACEMENT, SUPPORT AND MAINTENANCE OF SUCH  CHILD  OR  YOUTH,  WHICH  IS
 DIFFERENT FROM THE SCHOOL DISTRICT OF RESIDENCE.
   (II)  SCHOOL DISTRICT OF RESIDENCE. THE TERM "SCHOOL DISTRICT OF RESI-
 DENCE" SHALL MEAN THE PUBLIC SCHOOL DISTRICT WITHIN  THE  STATE  OF  NEW
 YORK  IN  WHICH THE FOSTER CARE PLACEMENT IS LOCATED, WHICH IS DIFFERENT
 FROM THE SCHOOL DISTRICT OF ORIGIN.
   B. Except as provided in subdivision five of this section, the cost of
 instruction of [pupils placed in family  homes  at  board  by  a  social
 services  district  or  a state department or agency] CHILDREN IN FOSTER
 CARE shall be borne by the school district [in  which  each  such  pupil
 resided  at the time the social services district or state department or
 agency assumed responsibility for the placement, support and maintenance
 of such pupil; provided, however, that such cost  of  instruction  shall
 continue  to be borne, while such pupil remains under the age of twenty-
 one years, by any social services district or state department or agency
 which assumed responsibility for tuition costs for any such pupil  prior
 to  January  one,  nineteen  hundred  seventy-four] OF ORIGIN.   Where a
 [pupil is placed pursuant to this subdivision outside the pupil's school
 district of residence at the time of  such  placement]  SCHOOL  DISTRICT
 OTHER  THAN  THE  SCHOOL  DISTRICT OF ORIGIN IS DESIGNATED IN ACCORDANCE
 WITH PARAGRAPH E  OF  SUBDIVISION  TWO  OF  SECTION  THIRTY-TWO  HUNDRED
 FORTY-FOUR  OF  THIS  ARTICLE, the cost of instruction shall be borne by
 the [district of residence] SCHOOL DISTRICT OF ORIGIN  and  the  tuition
 paid  to  the  DESIGNATED  school  district  [furnishing instruction] OF
 ATTENDANCE shall be computed as provided in paragraph d of this subdivi-
 sion, except that, where the [family home at board] FOSTER  CARE  PLACE-
 MENT  receives  program support from a child care institution affiliated
 with a special act school district as defined in  subdivision  eight  of
 section  four  thousand one of this chapter, and the [board of education
 of such district furnishing instruction] DESIGNATED SCHOOL  DISTRICT  OF
 ATTENDANCE,  upon  the recommendation of its committee on special educa-
 tion, contracts for such pupil's education pursuant to paragraph  c,  d,
 e,  or  f  of  subdivision two of section forty-four hundred one of this
 chapter or for a nonresidential placement pursuant  to  paragraph  l  of
 such  subdivision, costs incurred shall be reimbursed in accordance with
 paragraph e of  this  subdivision.    Notwithstanding  any  inconsistent
 provision of law, where the permanent residence of a pupil is outside of
 the  state,  the  school  district in which the pupil was located at the
 time the public agency placed such pupil shall be deemed  the  [district
 of  residence]  SCHOOL  DISTRICT OF ORIGIN of such pupil for purposes of

 S. 7506--B                         25                         A. 9506--B
 
 this subdivision and shall be responsible for the cost of instruction of
 such pupil.
   [b] C.  Children cared for in free family homes and children cared for
 in family homes at board, when such family homes shall be the actual and
 only residence of such children and when such children are not supported
 and  maintained  at  the  expense  of a social services district or of a
 state department or agency, shall be  deemed  residents  of  the  school
 district in which such family home is located.
   [c.  Children cared for in free family homes and children cared for in
 family homes at board, when such family homes are  not  the  actual  and
 only  residences  of  such  children  and  when  such  children  are not
 supported and maintained at the expense of a social services district or
 of a state department or agency, and who apply for the  first  time  for
 admittance  to  the schools of the district in which such family home is
 located during the school year 1973--1974 shall be admitted  upon  terms
 and  conditions  including  the  payment  of tuition, established by the
 board of education of such school district, unless such board of  educa-
 tion  shall establish to the satisfaction of the commissioner that there
 are valid and sufficient reasons for refusal to receive such children.]
   d. For the purposes of this subdivision, tuition shall be fixed in  an
 amount  which represents the additional operating cost to the DESIGNATED
 school district OF ATTENDANCE resulting from the attendance of  a  child
 for  whom  tuition  is  required,  computed in accordance with a formula
 established by the commissioner of education.
   e. Where the [board of  education  of  a  school  district  furnishing
 instruction  for a pupil placed pursuant to this subdivision in a family
 home at board] DESIGNATED SCHOOL DISTRICT OF ATTENDANCE FOR A  CHILD  OR
 YOUTH  IN  FOSTER  CARE  that receives program support from a child care
 institution affiliated with a special act school  district,  other  than
 the  board  of  the  pupil's  school  district  of [residence] ORIGIN as
 defined in paragraph a of this subdivision, upon the  recommendation  of
 its  committee  on  special  education, contracts for the instruction of
 such pupil pursuant to paragraph c, d, e, or f  of  subdivision  two  of
 section  forty-four  hundred one of this chapter or for a nonresidential
 placement pursuant to paragraph l of such subdivision, such board  shall
 submit  a  claim  to  the commissioner for current year reimbursement of
 costs incurred for such pupil. The commissioner shall pay such claim  in
 accordance  with the applicable provisions of section thirty-six hundred
 nine-b of this chapter and shall be reimbursed by  the  school  district
 identified  as  the  pupil's  school  district  of [residence] ORIGIN as
 defined in paragraph a  of  this  subdivision.  The  commissioner  shall
 deduct  the  amount  of  such claim from moneys otherwise due the school
 district of [residence] ORIGIN.
   f. The identity of the school district of [residence at the  time  the
 public agency placed the pupil pursuant to paragraph a or paragraph e of
 this  subdivision]  ORIGIN  shall  be established in accordance with the
 following procedure:
   (i) Within ten days of the placement of such pupil, the public  agency
 or its designee shall give written notice of such placement to the board
 of  education  of the school district believed to be the school district
 of [residence] ORIGIN. Such notification shall include the name  of  the
 pupil  and any particulars about the pupil that pertain to the identifi-
 cation of the school district as  the  school  district  of  [residence]
 ORIGIN as defined in paragraph a of this subdivision.
   (ii)  A board of education of a school district which receives notifi-
 cation pursuant to subparagraph (i) of this paragraph may submit to  the

 S. 7506--B                         26                         A. 9506--B
 
 public agency, within ten days of its receipt of such notice, additional
 evidence to establish that it is not the pupil's district of [residence]
 ORIGIN  as  defined  in paragraph a of this subdivision. Any evidence so
 submitted  shall  be  considered by the agency prior to making its final
 determination, which shall be made no later than  five  days  after  the
 agency's  receipt  of such additional evidence. In the event such school
 district fails to submit additional evidence within such ten day period,
 the determination of the public agency shall be final and the  notifica-
 tion  provided  pursuant  to subparagraph (i) of this paragraph shall be
 deemed final notification of such determination.
   (iii) If, upon its review,  the  public  agency  determines  that  the
 school  district notified pursuant to subparagraph (i) of this paragraph
 was not the pupil's district of [residence] ORIGIN,  the  public  agency
 shall  send  notification  to  the  correct school district, in the form
 prescribed by subparagraph (i) of  this  paragraph.  Alternatively,  if,
 upon  its  review, the public agency determines that the school district
 originally designated pursuant to subparagraph (i) of this paragraph  is
 the  pupil's  district  of  [residence]  ORIGIN, the public agency shall
 notify such district in writing of its final determination.
   (iv) The board of education of the school district finally  determined
 by  the  public  agency to be the pupil's school district of [residence]
 ORIGIN may appeal such determination to the commissioner  within  thirty
 days  of  its  receipt of final notification pursuant to this paragraph.
 Such an appeal shall be conducted in the same manner as an  appeal  from
 the  actions of local school officials pursuant to section three hundred
 ten of this chapter, except that the factual allegations  of  the  peti-
 tioner  shall  not  be deemed true in the event the public agency elects
 not to appear in the appeal. The petitioner shall join as a party to the
 appeal any other school district suspected  to  be  the  pupil's  actual
 school district of [residence] ORIGIN.
   (v) If the commissioner finds that the school district notified pursu-
 ant  to  subparagraph (i) or (iii) of this paragraph was not the pupil's
 school district of [residence] ORIGIN as defined in paragraph a of  this
 subdivision  and  that  the  correct school district was not joined as a
 party to the appeal, the commissioner shall direct the public agency  to
 notify  the correct school district pursuant to subparagraph (i) of this
 paragraph.
   (vi) Notwithstanding any inconsistent provisions of  law,  during  the
 pendency of all proceedings to review a denial of financial responsibil-
 ity, the commissioner shall issue an interim order assigning such finan-
 cial  responsibility  to  the  school district or, alternatively, upon a
 determination that the public agency failed to make  reasonable  efforts
 to  identify the [residence] SCHOOL DISTRICT OF ORIGIN of such child, to
 the public agency.   In the event the public  agency  fails  to  provide
 timely  notice  pursuant to subparagraph (i) of this paragraph, or fails
 to render its final determination in a timely manner, the public  agency
 responsible  for  such pupil's residential placement shall reimburse the
 commissioner for the payments made to the district  furnishing  instruc-
 tion  pursuant  to this paragraph during the pendency of all proceedings
 or for the duration of the current school year, whichever is longer, and
 the state comptroller shall withhold such amount from any moneys due the
 county or the city of New York, on vouchers certified or approved by the
 commissioner, in the manner prescribed by law  or  shall  transfer  such
 amount  from the account of such state department or agency upon certif-
 ication of the commissioner, and such funds shall  be  credited  to  the

 S. 7506--B                         27                         A. 9506--B
 
 general  support  for  public  schools  local  assistance account of the
 department.
   (vii)  Any final determination or order of the commissioner concerning
 the school district of  [residence]  ORIGIN  of  any  pupil  under  this
 section  may  only  be  reviewed  in a proceeding brought in the supreme
 court pursuant to article seventy-eight of the civil  practice  law  and
 rules.  In  any  such  proceeding  under such article seventy-eight, the
 court may grant any relief  authorized  by  the  provisions  of  section
 seventy-eight  hundred  six  of  such law and rules and may also, in its
 discretion, remand the proceedings to the commissioner. A  local  social
 services  commissioner  or any state department or agency placing pupils
 pursuant to this subdivision is a proper party in  any  such  appeal  or
 proceeding.
   (viii)  Upon  completion  of  all  proceedings to review the denial of
 financial responsibility for the costs of instruction pursuant  to  this
 paragraph,  the  commissioner  shall refund any payments made by a party
 cleared of such responsibility and shall collect any payments owed by  a
 party found to have such responsibility. Where such transactions involve
 a  school  district  liable for reimbursement pursuant to paragraph e of
 this subdivision,  the  commissioner  shall  appropriately  increase  or
 decrease  the  moneys due a school district by such amount in accordance
 with the provisions of section thirty-six hundred nine-b of  this  chap-
 ter.  Where  such transactions involve the public agency making a place-
 ment pursuant to this subdivision, the  comptroller  shall  increase  or
 decrease  the  moneys due such public agency by such amount upon certif-
 ication of the commissioner, transferring such amount  to  or  from  the
 account  of  such  state  department  or  agency  to or from the general
 support for public schools local assistance account of the department.
   g. If within ninety days from the entry of an order or judgment  of  a
 court  of  competent  jurisdiction  or  the receipt of a decision of the
 commissioner pursuant to section three  hundred  ten  of  this  chapter,
 determining the responsibility of a school district to pay tuition for a
 pupil  in accordance with the provisions of paragraph a of this subdivi-
 sion or of section five hundred four of the executive law,  such  school
 district has not made payment to the DESIGNATED school district [provid-
 ing  instruction to such pupil] OF ATTENDANCE, the school district enti-
 tled to such payment may make application to the commissioner to receive
 a sum in the amount of such tuition from  the  apportionment  of  public
 money  payable  to the school district required to pay such tuition. The
 application for payment shall be accompanied by a certified copy of  the
 order  or  judgment of a court, or a copy of the decision of the commis-
 sioner, and by proof of service by first class mail of a  copy  of  such
 application  upon  the  school  district  required  to pay such tuition.
 Unless the school district required to pay such tuition shall have noti-
 fied the commissioner of  such  payment  within  thirty  days  from  the
 receipt  of  such application, the commissioner shall withhold an amount
 equal to the tuition for such pupil from the public money payable to the
 school district responsible for such tuition and shall pay  such  amount
 to the school district which has provided instruction to such pupil. The
 commissioner  is  authorized  to promulgate regulations to implement the
 provisions of this paragraph.
   § 3. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
 services  law, as amended by section 2 of subpart B of part K of chapter
 56 of the laws of 2017, is amended to read as follows:
   (a) Notwithstanding the provisions of this chapter or of any other law
 to the contrary, eligible expenditures by a social services district for

 S. 7506--B                         28                         A. 9506--B
 
 foster care services shall be subject to reimbursement with state  funds
 only  to  the  extent  of annual appropriations to the state foster care
 block grant. Such foster care services shall  include  expenditures  for
 the  provision  and  administration  of:  care, maintenance, supervision
 [and], tuition, AND TRANSPORTATION COSTS RELATED TO THE EDUCATION  OF  A
 FOSTER  CHILD OR YOUTH INCURRED IN ACCORDANCE WITH PARAGRAPH C OF SUBDI-
 VISION FOUR OF SECTION THIRTY-TWO HUNDRED FORTY-FOUR  OF  THE  EDUCATION
 LAW; supervision of foster children placed in federally funded job corps
 programs; and care, maintenance, supervision and tuition for adjudicated
 juvenile  delinquents and persons in need of supervision placed in resi-
 dential programs operated by authorized  agencies  and  in  out-of-state
 residential  programs;  except that, notwithstanding any other provision
 of law to the contrary, reimbursement with state funds pursuant  to  the
 state foster care block grant shall not be available for tuition expend-
 itures for foster children, including persons in need of supervision and
 adjudicated  juvenile  delinquents,  made  by a social services district
 located within a city having a population of one million or more. Social
 services districts  must  develop  and  implement  children  and  family
 services  delivery  systems that are designed to reduce the need for and
 the length of foster care placements and must document their efforts  in
 the  multi-year consolidated services plan and the annual implementation
 reports submitted pursuant to section thirty-four-a of this chapter.
   § 4. This act shall take effect immediately,  provided  however,  that
 the amendments to paragraph (a) of subdivision 2 of section 153-k of the
 social  services  law  as  made  by  section  three of this act shall be
 subject to the repeal of such section pursuant to section 28 of  part  C
 of chapter 83 of the laws of 2002, as amended.
 
                                  PART DD
 
   Section  1.  The  section  heading and subdivisions 1 and 2 of section
 36-c of the social services law, as added by section  1  of  part  K  of
 chapter 58 of the laws of 2010, are amended to read as follows:
   Savings  plan  [demonstration  project]  FOR  THE CITY OF NEW YORK. 1.
 Notwithstanding any other provision of  law  to  the  contrary,  in  any
 social  services  district with a city having a population of [one] FIVE
 million or more, the social services district  shall  conduct  a  demon-
 stration  project  as  set forth in this section, and shall evaluate and
 report on such project ANNUALLY, pursuant to  a  plan  approved  by  the
 office of temporary and disability assistance and the division of budget
 [prior  to  the  implementation of the project].  A COMPREHENSIVE REPORT
 SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
 AND THE SPEAKER OF THE ASSEMBLY BY DECEMBER THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-ONE.  SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO INFORMATION
 REGARDING THE PROGRAM SUCH AS THE NUMBER OF PARTICIPANTS FOR THE  PREVI-
 OUS  THREE  YEARS;  THE  PERCENTAGE  OF PARTICIPATION AS MEASURED BY THE
 NUMBER OF PARTICIPANTS MAKING CONTRIBUTIONS INTO SUCH SAVINGS PLAN;  THE
 AVERAGE  AMOUNT  PAYABLE  TO A PARTICIPANT UPON LEAVING THE PROGRAM; THE
 AVERAGE LENGTH OF TIME A PARTICIPANT REMAINED IN THE PROGRAM; THE NUMBER
 OF SITUATIONS IN WHICH THE PARTICIPANT MOVED  OUT  OF  THE  PROGRAM  BUT
 REENGAGED  IN  THE PROGRAM WITHIN THE PREVIOUS TWELVE MONTHS; THE NUMBER
 OF PARTICIPANTS LEAVING  THE  PROGRAM  VOLUNTARILY  AND  THE  NUMBER  OF
 PARTICIPANTS  REMOVED  DUE  TO  FAILURE  TO COMPLY; AND ANY OTHER DEMON-
 STRATED OUTCOMES OF SUCH PROGRAM.
   2. Such social services district, in lieu of applying that portion  of
 a  temporary  housing assistance recipient's earned income that, but for

 S. 7506--B                         29                         A. 9506--B
 
 the [other] provisions of this [chapter] SECTION, would  be  applied  to
 reduce  the  need for the shelter component of temporary housing assist-
 ance provided in a temporary emergency  shelter,  shall  direct  such  a
 recipient  to participate in a savings plan with such funds and, as long
 as such funds are not withdrawn, they shall not be applied to reduce the
 need for the shelter  component  of  the  temporary  housing  assistance
 granted  for the duration of his or her residence in temporary emergency
 shelter; provided, however, that the provisions of  this  section  shall
 only apply to a person receiving temporary housing assistance in a shel-
 ter or other facility [funded and] overseen by the New York city depart-
 ment  of  homeless  services  or the New York city department of housing
 preservation and development. Failure by a recipient of temporary  hous-
 ing  assistance  to  contribute  to  such  a  savings plan shall [not in
 itself] result in the discontinuance of temporary  housing  assistance[,
 unless  the  recipient  separately  fails  to  comply with conditions of
 eligibility that could result in the discontinuance of temporary housing
 assistance].  PROVIDED HOWEVER, SUCH DISCONTINUANCE SHALL BE IMMEDIATELY
 CURABLE BY COMPLIANCE WITH THIS SECTION.
   § 2. Subdivision c of section 2 of part K of chapter 58 of the laws of
 2010 amending the social services  law,  relating  to  establishing  the
 savings plan demonstration project, as amended by section 1 of part V of
 chapter 56 of the laws of 2017, is amended to read as follows:
   c.  this  act  shall  expire  and  be deemed repealed March 31, [2018;
 provided, however that at such time that the  office  of  temporary  and
 disability assistance approves a revised savings demonstration plan that
 has been submitted to the office by the City of New York, this act shall
 expire  and  be  deemed repealed. Upon approval of the revised plan, the
 office shall notify the chair of the senate finance  committee  and  the
 chair  of the assembly ways and means committee; provided, further, that
 the office of temporary  and  disability  assistance  shall  notify  the
 legislative  bill  drafting  commission upon the approval of the revised
 savings demonstration plan in order that the commission may maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law] 2022.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to section 36-c  of  the  social  services  law  made  by
 section  one of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, 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 judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through DD of this act shall be
 as specifically set forth in the last section of such Parts.

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