S T A T E O F N E W Y O R K
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7647
I N S E N A T E
February 4, 2020
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Introduced by Sen. PERSAUD -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to establishing the
underrepresented teachers of tomorrow teacher recruitment and
retention program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 3612-a
to read as follows:
§ 3612-A. UNDERREPRESENTED TEACHERS OF TOMORROW TEACHER RECRUITMENT
AND RETENTION PROGRAM. 1. DEFINITIONS. A. THE TERM "UNDERREPRESENTED
CERTIFIED TEACHER" MEANS A TEACHER WHO HOLDS A PERMANENT OR PROFESSIONAL
STATE TEACHING CERTIFICATE APPROPRIATE TO THE TEACHING POSITION, INCLUD-
ING THE SUBJECT AREA IF APPLICABLE, IN WHICH HE OR SHE IS TO BE
EMPLOYED, WHO IS FULLY QUALIFIED TO TEACH IN AN EDUCATION PROGRAM AND
PARTICIPATED IN A SCHOOL DISTRICT/POST-SECONDARY PARTNERSHIP "GROW YOUR
OWN" INITIATIVE, MY BROTHER'S KEEPER, TEACHER OPPORTUNITY CORPS PROGRAM,
HIGHER EDUCATION OPPORTUNITY PROGRAM, EDUCATION OPPORTUNITY PROGRAM, OR
OTHER SIMILAR PROGRAM.
B. THE TERM "SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION FREE,
CENTRAL, CENTRAL HIGH SCHOOL, OR CITY SCHOOL DISTRICT.
C. THE TERM "BOARD OF EDUCATION" SHALL MEAN THE GOVERNING BOARD OF ANY
PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT DEFINED IN PARAGRAPH B OF THIS
SUBDIVISION.
D. THE TERM "UNDERREPRESENTED SCHOOL" SHALL MEAN A SCHOOL BUILDING
WHICH HAS AN UNDERREPRESENTATION OF CERTIFIED TEACHERS WHO PARTICIPATED
IN A SCHOOL DISTRICT/POST-SECONDARY PARTNERSHIP "GROW YOUR OWN" INITI-
ATIVE, MY BROTHER'S KEEPER, TEACHER OPPORTUNITY CORPS PROGRAM, HIGHER
EDUCATION OPPORTUNITY PROGRAM, EDUCATION OPPORTUNITY PROGRAM, OR OTHER
SIMILAR PROGRAMS, AS DETERMINED BY THE COMMISSIONER.
E. THE TERM "YEAR OF SERVICE" SHALL MEAN TEN MONTHS OF CONTINUOUS
FULL-TIME SERVICE AS A TEACHER DURING A SCHOOL YEAR, GENERALLY OCCURRING
BETWEEN SEPTEMBER FIRST AND JUNE THIRTIETH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14070-01-9
S. 7647 2
2. APPLICATION AND FUNDING. A. GRANTS SHALL BE MADE TO SCHOOL
DISTRICTS FOR UNDERREPRESENTED CERTIFIED TEACHER RECRUITMENT AND
RETENTION ACTIVITIES NECESSARY TO INCREASE THE NUMBER OF UNDERREPRE-
SENTED CERTIFIED TEACHERS IN UNDERREPRESENTED SCHOOLS.
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 UNDERREPRESENTED
CERTIFIED TEACHERS IN THE SCHOOL DISTRICT, THE FISCAL CAPACITY OF THE
DISTRICT, AND THE NUMBER OF NEW CERTIFIED TEACHERS THE SCHOOL DISTRICT
INTENDS TO HIRE IN THE COMING SCHOOL YEAR. GRANTS PROVIDED PURSUANT TO
THIS SECTION SHALL BE USED ONLY FOR THE PURPOSES ENUMERATED IN THIS
SECTION.
C. NOT MORE THAN SIXTY PERCENT OF THE FUNDS ALLOCATED PURSUANT TO THIS
SECTION SHALL BE MADE AVAILABLE TO ANY ONE SCHOOL DISTRICT.
D. ANY SCHOOL DISTRICT RECEIVING FUNDS UNDER THIS SECTION SHALL MAIN-
TAIN ANY LOCAL EFFORT IN THE CURRENT YEAR EQUIVALENT TO SUCH EFFORT IN
THE BASE YEAR FOR ANY LOCAL PROGRAM RELATED TO THE RECRUITMENT OR
RETENTION OF TEACHERS OR ANY PROGRAM THAT HAS PURPOSES THAT ARE SIMILAR
TO ANY PURPOSE OF THIS SECTION OR THE DISTRICT SHALL PROVIDE A LOCAL
MATCH TO STATE FUNDS RECEIVED PURSUANT TO THIS SECTION. STATE FUNDS
PROVIDED PURSUANT TO THIS SECTION SHALL NOT SUPPLANT LOCAL FUNDS FOR ANY
PURPOSE SIMILAR TO THE PURPOSES OF THIS SECTION.
E. APPLICATIONS BY A SCHOOL DISTRICT FOR FUNDING PURSUANT TO THIS
SECTION SHALL BE FILED WITH THE COMMISSIONER, IN A FORM DETERMINED BY
THE COMMISSIONER, BY JUNE FIRST OF THE BASE YEAR AND SCHOOL DISTRICTS
SHALL BE NOTIFIED OF THEIR GRANT AWARD BY JUNE THIRTIETH OF THE BASE
YEAR, PROVIDED THAT IN ANY YEAR SUCH APPLICATION AND AWARD DATES MAY BE
MODIFIED BY THE COMMISSIONER FOR THE REASONABLE ADMINISTRATION OF THE
PROGRAM. SUCH APPLICATION SHALL INCLUDE A PLAN BY THE SCHOOL DISTRICT
FOR THE EXPENDITURE OF THE FUNDS IN EACH CATEGORY OF ALLOWABLE EXPENSES
AUTHORIZED BY SUBDIVISION THREE OF THIS SECTION, AND SUCH EXPENDITURES
SHALL BE CONSISTENT WITH SUCH PLAN AND THE PROVISIONS OF THIS SECTION.
F. A PERSON RECEIVING AN AWARD PURSUANT TO ANY SUBDIVISION OF THIS
SECTION SHALL NOT BE ELIGIBLE FOR AN AWARD PURSUANT TO ANY OTHER SUBDI-
VISION OF THIS SECTION IN A SCHOOL YEAR.
3. UNDERREPRESENTED TEACHERS OF TOMORROW TEACHER RECRUITMENT INCENTIVE
PROGRAM. UNDERREPRESENTED TEACHERS OF TOMORROW TEACHER RECRUITMENT
INCENTIVE AWARDS MAY BE AVAILABLE TO TEACHERS PURSUANT TO THE PROVISIONS
OF THIS SUBDIVISION TO ATTRACT UNDERREPRESENTED CERTIFIED TEACHERS TO
EMPLOYMENT IN UNDERREPRESENTED SCHOOLS.
A. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION, AN APPLICANT SHALL:
(1) BE AN UNDERREPRESENTED CERTIFIED TEACHER;
(2) AGREE TO A SERVICE OBLIGATION OF ONE YEAR OF SERVICE IN AN UNDER-
REPRESENTED SCHOOL AS A CONDITION OF RECEIVING AN AWARD PURSUANT TO THIS
SUBDIVISION; AND
(3) BE EMPLOYED FOR THE FIRST TIME AS A CERTIFIED TEACHER IN THE
SCHOOL DISTRICT.
B. APPLICATION AND SELECTION. (1) THE BOARD OF EDUCATION SHALL DETER-
MINE THE FORM OF THE APPLICATION AND THE APPLICATION PROCESS FOR TEACH-
ERS DEEMED ELIGIBLE FOR THE AWARD, AND SHALL IN ITS DISCRETION SELECT
THE NUMBER OF ELIGIBLE APPLICANTS WHO WILL RECEIVE AN AWARD PURSUANT TO
THIS SUBDIVISION.
(2) IF THE NUMBER OF ELIGIBLE APPLICANTS EXCEEDS THE NUMBER OF AWARDS
DETERMINED BY THE BOARD PURSUANT TO THIS SUBDIVISION, THEN THE BOARD
S. 7647 3
SHALL USE AN OBJECTIVE COMPETITIVE PROCESS BASED ON EDUCATIONAL QUALI-
FICATIONS TO DETERMINE WHICH ELIGIBLE APPLICANTS SHALL RECEIVE AWARDS.
C. PAYMENT OF AWARDS. (1) ANNUAL AWARDS FROM STATE AND LOCAL FUNDS
PROVIDED FOR THIS PURPOSE SHALL BE PAID BY THE BOARD OF EDUCATION TO THE
AWARD RECIPIENT. AWARD RECIPIENTS SHALL BE ENTITLED TO RECEIVE AWARDS
PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION AND SUCH AWARDS SHALL BE
IN ADDITION TO AND NOT PART OF ANY AWARD RECIPIENT'S BASE SALARY.
(2) THE INITIAL ANNUAL AWARD SHALL BE TEN THOUSAND DOLLARS, AND SUCH
INITIAL AWARD MAY BE RENEWABLE EACH YEAR, FOR UP TO THREE ADDITIONAL
YEARS, PROVIDED THAT THE RECIPIENT AGREES TO ONE YEAR OF SERVICE AS A
FULL-TIME CERTIFIED TEACHER IN AN UNDERREPRESENTED SCHOOL FOR EACH YEAR
OF A RENEWED AWARD AND HAS PROVIDED SATISFACTORY SERVICE IN ANY PRIOR
YEAR IN WHICH AN INITIAL OR RENEWED AWARD WAS GRANTED TO THE RECIPIENT.
NO AWARDS SHALL BE MADE FOR LESS THAN ONE SCHOOL YEAR OF SERVICE AND THE
SUM OF ANY INITIAL AND RENEWED AWARDS SHALL NOT EXCEED FORTY THOUSAND
DOLLARS.
AWARDS MADE PURSUANT TO THIS SUBDIVISION SHALL BE USED TO REIMBURSE
ANY EDUCATIONAL COSTS, INCLUDING THOSE FOR WHICH STUDENT LOANS MAY HAVE
BEEN TAKEN, INCURRED BY THE RECIPIENT PRIOR TO RECEIPT OF THE AWARD FOR
CERTIFICATION AS A TEACHER IN THE PUBLIC SCHOOLS OF THE STATE.
(3) THE BOARD OF EDUCATION SHALL DEVELOP AND SECURE FROM THE AWARD
RECIPIENT A WRITTEN AGREEMENT OUTLINING THE SERVICE OBLIGATION. SUCH
AGREEMENT SHALL INCLUDE PROVISIONS FOR THE RECIPIENT TO REPAY THE AMOUNT
OF THE AWARD TO THE SCHOOL DISTRICT IF THE RECIPIENT FAILS TO COMPLETE
HIS OR HER SERVICE OBLIGATION IN ANY YEAR WHERE AN INITIAL OR RENEWED
AWARD IS GRANTED, AND SUCH REPAID AMOUNTS SHALL BE DEDUCTED FROM ANY
GRANT AMOUNTS DUE TO THE DISTRICT FROM THE STATE PURSUANT TO THIS
SECTION. UPON A WRITTEN APPEAL BY AN AWARD RECIPIENT, THE BOARD OF
EDUCATION, IN ITS DISCRETION, MAY PROVIDE A WAIVER OF REPAYMENT
PROVISIONS FOR AN AWARD RECIPIENT WHO FAILS TO COMPLETE HIS OR HER
SERVICE REQUIREMENT FOR DOCUMENTED REASONS OF HEALTH OR OTHER SEVERE
HARDSHIP, AS DETERMINED BY THE COMMISSIONER.
D. NOTIFICATION. THE BOARD OF EDUCATION SHALL NOTIFY BOTH SUCCESSFUL
AND UNSUCCESSFUL APPLICANTS BY SEPTEMBER FIRST OF ANY SCHOOL YEAR FOR
WHICH AN INITIAL OR RENEWED AWARD IS PROVIDED TO TEACHERS PURSUANT TO
THIS SUBDIVISION.
4. REPORTING. BY NOVEMBER FIRST FOLLOWING THE COMPLETION OF EACH
SCHOOL YEAR, THE COMMISSIONER SHALL REPORT TO THE GOVERNOR AND THE
LEGISLATURE REGARDING THE UNDERREPRESENTED TEACHERS OF TOMORROW TEACHER
RECRUITMENT AND RETENTION PROGRAM. SUCH REPORT SHALL LIST THE AMOUNT OF
EACH SCHOOL DISTRICT'S TOTAL GRANT PURSUANT TO THIS SECTION, THE USES OF
THE GRANT, AND THE NUMBER OF AWARDS GRANTED BY TYPE PURSUANT TO THIS
SECTION, AS WELL AS AN ANALYSIS OF THE EFFECTIVENESS OF THE PROGRAM IN
RECRUITING AND RETAINING UNDERREPRESENTED CERTIFIED TEACHERS IN UNDER-
REPRESENTED SCHOOLS OF THE STATE.
§ 2. This act shall take effect immediately.
