S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4556
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03320-01-1
              

 A. 4556                             2
 
   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.
   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.

 A. 4556                             3
 
   (2)  IF THE NUMBER OF ELIGIBLE APPLICANTS EXCEEDS THE NUMBER OF AWARDS
 DETERMINED BY THE BOARD PURSUANT TO THIS  SUBDIVISION,  THEN  THE  BOARD
 SHALL  USE  AN OBJECTIVE COMPETITIVE PROCESS BASED ON EDUCATIONAL QUALI-
 FICATIONS TO DETERMINE WHICH ELIGIBLE APPLICANTS SHALL RECEIVE AWARDS.
   C.  PAYMENT  OF  AWARDS.  (1) ANNUAL AWARDS FROM STATE AND LOCAL FUNDS
 PROVIDED FOR THIS PURPOSE SHALL BE PAID BY THE BOARD OF EDUCATION TO THE
 AWARD RECIPIENT. AWARD RECIPIENTS SHALL BE ENTITLED  TO  RECEIVE  AWARDS
 PURSUANT  TO THE PROVISIONS OF THIS SUBDIVISION AND SUCH AWARDS SHALL BE
 IN ADDITION TO AND NOT PART OF ANY AWARD RECIPIENT'S BASE SALARY.
   (2) THE INITIAL ANNUAL AWARD SHALL BE TEN THOUSAND DOLLARS,  AND  SUCH
 INITIAL  AWARD  MAY  BE  RENEWABLE EACH YEAR, FOR UP TO THREE ADDITIONAL
 YEARS, PROVIDED THAT THE RECIPIENT AGREES TO ONE YEAR OF  SERVICE  AS  A
 FULL-TIME  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.