LBD16015-03-2
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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-
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
A. 10498 3
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; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty 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 eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one 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 nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two 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 twenty--two
thousand twenty-one school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
twenty-one--two thousand twenty-two school year, unless all schools in
the district are identified as in good standing, shall submit a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three 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 twenty-one--two thousand twenty-two school year;
PROVIDED, HOWEVER, THAT, IN A CITY SCHOOL DISTRICT IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE, NOTWITHSTANDING THE REQUIREMENTS OF
SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, THE
CONTRACT FOR EXCELLENCE SHALL PROVIDE FOR THE EXPENDITURE AS SET FORTH
IN SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION.
For purposes of this paragraph, the "gap elimination adjustment percent-
age" 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-
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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. Subparagraph (v) of paragraph a of subdivision 2 of section 211-d
of the education law, as amended by section 2 of part A of chapter 57 of
the laws of 2008, is amended to read as follows:
(v) In a city school district in a city having a population of one
million or more inhabitants, each contract for excellence shall describe
how the amounts apportioned to the school district in the current year
as total foundation aid and academic achievement grants, in excess of
one hundred three percent of the district's foundation aid base, [as
adjusted for additional amounts payable as charter school basic tuition
over such amount payable in the base year,] shall be used to support new
programs and new activities or expand the use of programs and activities
demonstrated to improve student achievement; provided however, up to
thirty million dollars or twenty-five percent of additional funding
received in the current year, whichever is less, may be used to maintain
investments in the programs and activities listed in paragraph a of
subdivision three of this section.
§ 3. Subparagraphs (ii) and (iii) of paragraph (b) of subdivision 2 of
section 211-d of the education law, subparagraph (ii) as amended by
section 2 of part A of chapter 57 of the laws of 2008, subparagraph
(iii) as added by section 3-a of part A of chapter 57 of the laws of
2009, are amended to read as follows:
(ii) (A) In a city school district in a city having a population of
one million or more inhabitants such contract shall also include a plan,
WHICH SHALL BE DEVELOPED IN COLLABORATION WITH THE COLLECTIVE BARGAINING
UNITS REPRESENTING TEACHERS AND THE PRINCIPALS AND SIGNED OFF ON BY THE
CHANCELLOR AND THE PRESIDENTS OF EACH BARGAINING UNIT, to reduce [aver-
age] ACTUAL class sizes, [as defined by the commissioner, within five
years for the following grade ranges: (A) pre-kindergarten-third grade]
BEGINNING SEPTEMBER TWO THOUSAND TWENTY-TWO AND TO BE ACHIEVED BY
SEPTEMBER TWO THOUSAND TWENTY-SEVEN FOR ALL CLASSES, WITH THE EXCEPTION
OF PHYSICAL EDUCATION AND PERFORMING GROUPS, AS FOLLOWS: (1) KINDERGAR-
TEN-THIRD GRADE TO HAVE NO MORE THAN TWENTY STUDENTS PER CLASS; [(B)]
(2) fourth-eighth grade TO HAVE NO MORE THAN TWENTY-THREE STUDENTS PER
CLASS; and [(C)] (3) high school TO HAVE NO MORE THAN TWENTY-FIVE
STUDENTS PER CLASS. [Such] PHYSICAL EDUCATION AND PERFORMING GROUPS
SHALL HAVE NO MORE THAN FORTY STUDENTS PER CLASS AT ALL LEVELS. EACH
YEAR OF THE PLAN, AN ADDITIONAL TWENTY PERCENT OF THE CLASSROOMS IN THE
CITY SCHOOL DISTRICT, EXCLUDING SPECIAL EDUCATION CLASSES, SHALL BE IN
COMPLIANCE WITH THE CLASS SIZE TARGETS SUCH THAT THE CITY SCHOOL
DISTRICT IS IN FULL COMPLIANCE BY TWO THOUSAND TWENTY-SEVEN AND ALL
CLASSES SHOULD MAINTAIN THE TARGET CLASS SIZE. THE CLASS SIZE REDUCTION
PLAN SHALL PRIORITIZE SCHOOLS SERVING POPULATIONS WITH HIGHER POVERTY
LEVELS.
(B) THE CLASS SIZE REDUCTION plan shall include [class size reduction
for low performing and overcrowded schools and also] ANY EXEMPTIONS TO
THE CLASS SIZE TARGETS. THESE EXEMPTIONS SHALL BE LIMITED TO: (1) SPACE;
(2) OVER-ENROLLED STUDENTS; (3) LICENSE AREA SHORTAGES; AND (4) SEVERE
ECONOMIC DISTRESS. ANY SUCH EXEMPTIONS SHALL BE APPROVED BY THE CHANCEL-
LOR AND THE PRESIDENTS OF THE COLLECTIVE BARGAINING UNITS REPRESENTING
THE TEACHERS AND THE PRINCIPALS AS PART OF THE CLASS SIZE REDUCTION
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PLAN. SHOULD THE CHANCELLOR AND THE PRESIDENTS OF THE COLLECTIVE
BARGAINING UNITS REPRESENTING THE TEACHERS AND THE PRINCIPALS BE UNABLE
TO REACH AGREEMENT ON THE EXEMPTIONS AFTER THIRTY DAYS, THE ISSUE SHALL
BE DETERMINED BY AN ARBITRATOR. IN ADDITION, ANY EXEMPTION BASED ON
AVAILABLE SPACE SHALL INCLUDE A REFERENCE TO THE CAPITAL BUDGET TO
DEMONSTRATE THAT THE BUDGET IS ALIGNED WITH RESOLVING THE EXEMPTION
STATUS. EXEMPTED CLASSES, FOR THE YEARS IN WHICH THEY ARE EXEMPT, AND
SPECIAL EDUCATION CLASSES SHALL NOT COUNT TOWARD THE TWENTY PERCENT
TARGET.
(C) THE CLASS SIZE REDUCTION PLAN SHALL ALSO include the methods to be
used to achieve [such] THE class [sizes] SIZE TARGETS, such as the
creation or construction of more classrooms and school buildings, the
placement of more than one teacher in a classroom or methods to other-
wise reduce the student to teacher ratio[; provided, however, that
notwithstanding any law, rule or regulation to the contrary, the sole
and exclusive remedy for a violation of the requirements of this para-
graph shall be pursuant to a petition to the commissioner under subdivi-
sion seven of section three hundred ten of this title, and the decision
of the commissioner on such petition shall be final and unreviewable],
BUT ONLY AS A TEMPORARY MEASURE UNTIL MORE CLASSROOMS ARE MADE AVAILABLE
IN CONFORMANCE WITH THE PLAN. FOR ELECTIVE AND SPECIALTY CLASSES, THE
COLLECTIVE BARGAINING UNIT REPRESENTING TEACHERS MAY NEGOTIATE CLASS
SIZES HIGHER THAN THE TARGETS IF SUCH INCREASE IS APPROVED BY A MAJORITY
OF THE STAFF IN THE SCHOOL.
(iii) A city school district in a city having a population of one
million or more inhabitants shall prepare [a report] ANNUAL REPORTS, ON
THE DATES SET FORTH BELOW, to the commissioner on the status of the
implementation of its plan to reduce [average] ACTUAL class sizes pursu-
ant to subparagraph (ii) of this paragraph. Such report shall [identify]
BE PUBLICLY RELEASED AND POSTED ON THE CITY SCHOOL DISTRICT'S WEBSITE,
IDENTIFYING all schools that received funds targeted at class size
reduction efforts pursuant to the requirements of this section and
[provide] PROVIDING the following information regarding such schools:
(A) the amount of contract for excellence funds received by each
school and the school year in which it received such funds;
(B) a detailed description of how contract for excellence funds
contributed to achieving class size reduction in each school that
received such funding including specific information on the number of
[classrooms] CLASSES in each school that existed prior to receiving
contract for excellence funds and the number of new [classrooms] CLASSES
that were created in each school for each year such funding was
received, the number of classroom teachers that existed in each school
prior to receiving contract for excellence funds and the number of new
classroom teachers in each school for each year such funding was
received, the student to teacher ratio in each school prior to receiving
contract for excellence funds and the student to teacher ratio in each
school for each year such funding was received;
(C) the actual student enrollment for the [two thousand six--two thou-
sand seven school year, the actual student enrollment for the two thou-
sand seven--two thousand eight school year, the actual student enroll-
ment for the two thousand eight--two thousand nine school year,] CURRENT
SCHOOL YEAR and the projected student enrollment for the [two thousand
nine--two thousand ten] UPCOMING school year for each school by grade
level;
(D) the actual [average] class sizes for the [two thousand six--two
thousand seven school year, the actual average class sizes for the two
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thousand seven--two thousand eight school year, the actual average class
sizes for the two thousand eight--two thousand nine] CURRENT school
year, and the projected [average] class sizes for the [two thousand
nine--two thousand ten] UPCOMING school year for each school by grade
level; [and]
(E) THE ANNUAL CAPITAL PLAN FOR SCHOOL CONSTRUCTION AND LEASING TO
SHOW HOW MANY CLASSROOMS WILL BE ADDED IN EACH YEAR AND IN WHICH SCHOOLS
AND DISTRICTS TO ACHIEVE THE CLASS SIZE TARGETS;
(F) HOW THE SCHOOL CAPACITY AND UTILIZATION FORMULA IS ALIGNED TO THE
CLASS SIZE TARGETS IN THE CITY SCHOOL DISTRICT'S CLASS SIZE REDUCTION
PLAN; AND
(G) the schools that have made insufficient progress toward achieving
the class size reduction [goals outlined] TARGETS SET FORTH in the
approved [five year] class size reduction plan pursuant to subparagraph
(ii) of this paragraph and a detailed description of the actions that
will be taken to reduce class sizes in such schools.
[Such report shall be submitted to the commissioner on or before
November seventeenth, two thousand nine and shall be made available to
the public by such date.] THE REPORT SHALL BE SUBMITTED TO THE COMMIS-
SIONER ON OR BEFORE NOVEMBER FIFTEENTH OF EACH YEAR AND MADE AVAILABLE
TO THE PUBLIC BY SUCH DATE ON THE CITY SCHOOL DISTRICT'S WEBSITE. IF THE
DEPARTMENT DETERMINES THAT THE NOVEMBER FIFTEENTH REPORT DOES NOT DEMON-
STRATE SUFFICIENT DECREASES IN CLASS SIZE, THE DEPARTMENT SHALL ISSUE A
LETTER MAKING THAT DETERMINATION PUBLIC ON ITS WEBSITE AND THE CITY
SCHOOL DISTRICT SHALL IMMEDIATELY SUBMIT A PLAN FOR CORRECTIVE ACTION,
WHICH SHALL BE DEVELOPED IN COLLABORATION WITH THE COLLECTIVE BARGAINING
UNITS REPRESENTING THE TEACHERS AND THE PRINCIPALS AND SIGNED OFF ON BY
THE CHANCELLOR AND THE PRESIDENT OF EACH COLLECTIVE BARGAINING UNIT. THE
CITY SCHOOL DISTRICT'S CORRECTIVE ACTION PLAN SHALL ALSO BE MADE AVAIL-
ABLE TO THE PUBLIC ON THE CITY SCHOOL DISTRICT'S WEBSITE UPON SUBMISSION
TO THE DEPARTMENT. THE FINAL CORRECTIVE ACTION PLAN SHALL BE MADE AVAIL-
ABLE TO THE PUBLIC UPON APPROVAL BY THE DEPARTMENT. THE REPORT SHALL
ALSO BE CERTIFIED BY THE STATE OR CITY COMPTROLLER THAT THE CITY SCHOOL
DISTRICT'S CAPITAL AND EDUCATION FUNDING PLANS WILL PROVIDE SUFFICIENT
SPACE AND STAFFING FOR THE REDUCTION IN CLASS SIZE SET FORTH IN THIS
PARAGRAPH AND, IF NOT, WHAT MEASURES AND/OR FUNDING SHOULD BE ADDED TO
THE PLAN TO ACHIEVE SUCH TARGETS.
(IV) PROVIDED THE COMMISSIONER APPROVES AND THE CITY SCHOOL DISTRICT
REMAINS IN COMPLIANCE WITH THE CLASS SIZE REDUCTION PLAN, AS SET FORTH
HEREIN, THE STATE SHALL TAKE SUCH COMPLIANCE INTO CONSIDERATION WHEN
DETERMINING INCREASES IN FOUNDATION AID.
(V) IN ADDITION TO THE ANNUAL REPORTS, THE CITY SCHOOL DISTRICT SHALL
SUBMIT A FINANCIAL IMPACT STATEMENT ON NOVEMBER FIFTEENTH, TWO THOUSAND
TWENTY-FOUR. THE FINANCIAL IMPACT STATEMENT MAY RECOMMEND A PAUSE OF THE
CLASS SIZE REDUCTION PLAN, BUT IN NO EVENT MAY IT RESULT IN A ROLL BACK
OR INCREASE IN CLASS SIZES.
§ 4. Paragraph d of subdivision 4 of section 211-d of the education
law, as added by section 12 of part A of chapter 57 of the laws of 2007,
is amended to read as follows:
d. [For the two thousand seven--two thousand eight school year, school
districts shall solicit public comment on their contracts for excel-
lence.] IN A CITY SCHOOL DISTRICT IN A CITY OF ONE MILLION OR MORE IN-
HABITANTS, THE PUBLIC PROCESS SET FORTH IN PARAGRAPHS A THROUGH C OF
THIS SUBDIVISION SHALL COMMENCE NO LATER THAN THIRTY DAYS AFTER A STATE
BUDGET IS ENACTED EACH YEAR AND BE COMPLETED NO LATER THAN THIRTY DAYS
AFTER ITS COMMENCEMENT. NOTICE OF THE PUBLIC PROCESS SHALL BE PROVIDED
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FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF THE FIRST PUBLIC HEARING AND
SHALL BE POSTED ON THE CITY SCHOOL DISTRICT'S WEBSITE AS WELL AS TRANS-
MITTED VIA EMAIL TO SCHOOL ADMINISTRATORS, PARENT AND TEACHER ORGANIZA-
TIONS, AND ELECTED OFFICIALS. THE PROPOSED PLAN SHALL BE SUBMITTED FOR
STATE APPROVAL WITHIN TWO WEEKS FOLLOWING THE COMPLETION OF THE PUBLIC
PROCESS. THE PROPOSED PLAN SHALL BE POSTED ON THE CITY SCHOOL DISTRICT'S
WEBSITE WITHIN TWENTY-FOUR HOURS OF ITS SUBMISSION ALONG WITH A SUMMARY
OF THE PUBLIC COMMENTS AND THE CITY SCHOOL DISTRICT'S EXPLANATION AND
REASONS FOR WHICH PUBLIC COMMENTS WERE INCORPORATED INTO THE PROPOSED
PLAN AND WHICH PUBLIC COMMENTS WERE NOT INCORPORATED INTO THE PROPOSED
PLAN.
§ 5. Subdivision 5 of section 211-d of the education law, as added by
section 12 of part A of chapter 57 of the laws of 2007, is amended to
read as follows:
5. A. Each contract for excellence shall be subject to approval by the
commissioner and his or her certification that the expenditure of addi-
tional aid or grant amounts is in accordance with subdivision two of
this section.
B. IN A CITY SCHOOL DISTRICT OF ONE MILLION OR MORE INHABITANTS, UPON
APPROVAL OF THE CONTRACT FOR EXCELLENCE, ONE-THIRD OF THE CONTRACT FOR
EXCELLENCE FUNDS SHALL BE RELEASED TO THE CITY SCHOOL DISTRICT. THE
REMAINDER OF THE FUNDS SHALL BE RELEASED TO THE CITY SCHOOL DISTRICT
UPON SUBMISSION OF THE NOVEMBER FIFTEENTH REPORT DESCRIBED IN SUBDIVI-
SION TWO OF THIS SECTION, ONLY IF SUCH REPORT DEMONSTRATES SUFFICIENT
REDUCTION IN CLASS SIZES, AND THE REMAINDER OF THE FUNDS SHALL BE
RELEASED UPON SUBMISSION BY THE CITY SCHOOL DISTRICT OF THE CORRECTIVE
ACTION PLAN DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. IN THE YEARS
FOLLOWING A YEAR WHICH REQUIRED A CORRECTIVE ACTION PLAN PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, NO CONTRACT FOR EXCELLENCE FUNDS SHALL
BE PROVIDED BY THE STATE UNTIL AND UNLESS SUCH CORRECTIVE ACTION PLAN
HAS BEEN FULLY IMPLEMENTED.
§ 6. This act shall take effect immediately; provided that the amend-
ments to paragraph e of subdivision 1 of section 211-d of the education
law made by section one of this act shall take effect on the same date
and in the same manner as section 1 of part A of chapter 56 of the laws
of 2022, takes effect.