S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9286
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education  law,  in  relation  to  establishing  the
   bilingual  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 3615
 to read as follows:
   §  3615.  BILINGUAL  TEACHERS  OF  TOMORROW  TEACHER  RECRUITMENT  AND
 RETENTION PROGRAM. 1. DEFINITIONS. A. THE TERM "BILINGUAL TEACHER SHORT-
 AGE  AREA"  MEANS  A  PUBLIC SCHOOL OR SUBJECT AREA IN WHICH THERE WAS A
 SHORTAGE OF BILINGUAL, CERTIFIED TEACHERS IN THE  PREVIOUS  SCHOOL  YEAR
 AND  THERE  IS A PROJECTED SHORTAGE IN THE CURRENT SCHOOL YEAR AS DETER-
 MINED BY THE COMMISSIONER.
   B. THE TERM "BILINGUAL, CERTIFIED TEACHER" MEANS A TEACHER WHO HOLDS A
 PERMANENT OR PROFESSIONAL STATE TEACHING CERTIFICATE APPROPRIATE TO  THE
 TEACHING POSITION, INCLUDING THE SUBJECT AREA IF APPLICABLE, IN WHICH HE
 OR SHE IS TO BE EMPLOYED AND WHO IS FULLY QUALIFIED TO TEACH IN A BILIN-
 GUAL EDUCATION PROGRAM.
   C.  THE  TERM  "SCHOOL  DISTRICT"  SHALL  MEAN  A  COMMON, UNION FREE,
 CENTRAL, CENTRAL HIGH SCHOOL, OR CITY SCHOOL DISTRICT.
   D. THE TERM "BOARD OF EDUCATION" SHALL MEAN THE GOVERNING BOARD OF ANY
 PUBLIC SCHOOL OR PUBLIC SCHOOL DISTRICT DEFINED IN PARAGRAPH C  OF  THIS
 SUBDIVISION.
   E. THE TERM "LOW-PERFORMING, LIMITED ENGLISH PROFICIENCY SCHOOL" SHALL
 MEAN  A  SCHOOL  BUILDING WHICH IS UNDER REGISTRATION REVIEW OR A SCHOOL
 BUILDING PERFORMING SIGNIFICANTLY BELOW STATE STANDARDS  AS  DEFINED  BY
 THE  COMMISSIONER  AND  WHICH  HAS  A  SUBSTANTIAL PROPORTION OF LIMITED
 ENGLISH PROFICIENCY PUPILS, AS DETERMINED BY THE COMMISSIONER.
   F. 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.
                                                            LBD09361-01-1
              

 A. 9286                             2
 
   2.  APPLICATION  AND  FUNDING.  A.  GRANTS  SHALL  BE  MADE  TO SCHOOL
 DISTRICTS FOR BILINGUAL, CERTIFIED  TEACHER  RECRUITMENT  AND  RETENTION
 ACTIVITIES  NECESSARY  TO  INCREASE  THE  SUPPLY OF BILINGUAL, CERTIFIED
 TEACHERS IN SCHOOL DISTRICTS EXPERIENCING A BILINGUAL, CERTIFIED TEACHER
 SHORTAGE  IN  ACCORDANCE  WITH  SUBDIVISION THREE OF THIS SECTION AND IN
 SCHOOL DISTRICTS CONTAINING A LOW-PERFORMING, LIMITED ENGLISH PROFICIEN-
 CY SCHOOL.
   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 BILINGUAL, CERTIFIED
 TEACHERS IN THE SCHOOL DISTRICT,  THE  FISCAL  CAPACITY  AND  GEOGRAPHIC
 SPARSITY  OF  THE  DISTRICT,  AND THE NUMBER OF NEW BILINGUAL, 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 AND  PROVIDED
 FURTHER THAT A CITY SCHOOL DISTRICT IN A CITY WITH POPULATIONS IN EXCESS
 OF  ONE  MILLION INHABITANTS MAY, NOTWITHSTANDING ANY OTHER PROVISION OF
 THIS SECTION, ALLOCATE A PORTION OF THE GRANT RECEIVED PURSUANT TO  THIS
 SECTION FOR BILINGUAL, CERTIFIED TEACHER RECRUITMENT AND OUTREACH ACTIV-
 ITIES  PROVIDED  THAT  ANY  ALLOCATION  FOR BILINGUAL, CERTIFIED TEACHER
 RECRUITMENT AND OUTREACH ACTIVITIES SHALL NOT EXCEED TWO  HUNDRED  TWEN-
 TY-FIVE THOUSAND DOLLARS.
   D.  IN  ALLOCATING  GRANTS PURSUANT TO THIS SECTION, A SCHOOL DISTRICT
 SHALL GIVE PRIORITY IN THE FOLLOWING ORDER:
   (1) FIRST, TO A SCHOOL UNDER REGISTRATION REVIEW THAT IS DESIGNATED AS
 A BILINGUAL TEACHER SHORTAGE AREA;
   (2) SECOND, TO ANY LOW-PERFORMING, LIMITED ENGLISH PROFICIENCY SCHOOL;
 AND
   (3) THIRD, TO ANY SCHOOL THAT IS DESIGNATED  AS  A  BILINGUAL  TEACHER
 SHORTAGE AREA.
   E.  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.
   F.  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.
   G. 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.  BILINGUAL  TEACHERS  OF  TOMORROW  TEACHER  RECRUITMENT  INCENTIVE
 PROGRAM.    BILINGUAL TEACHERS OF TOMORROW TEACHER RECRUITMENT INCENTIVE
 AWARDS MAY BE AVAILABLE TO TEACHERS PURSUANT TO THE PROVISIONS  OF  THIS
 A. 9286                             3

 SUBDIVISION TO ATTRACT TEACHERS TO EMPLOYMENT IN BILINGUAL TEACHER SHOR-
 TAGE AREAS.
   A.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
 SION, AN APPLICANT SHALL:
   (1) BE A BILINGUAL, CERTIFIED TEACHER;
   (2) AGREE TO A SERVICE OBLIGATION OF ONE YEAR OF SERVICE IN  A  BILIN-
 GUAL TEACHER SHORTAGE AREA AS A CONDITION OF RECEIVING AN AWARD PURSUANT
 TO THIS SUBDIVISION; AND
   (3)  BE  EMPLOYED FOR THE FIRST TIME AS A BILINGUAL, 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
 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  BILINGUAL,  CERTIFIED TEACHER IN A BILINGUAL TEACHER SHORTAGE
 AREA 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  BILINGUAL  TEACHERS  OF  TOMORROW   TEACHER
 A. 9286                             4
 
 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 BY EACH ELIGIBLE CATEGORY OF EXPENSE, 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  BILINGUAL,
 CERTIFIED  TEACHERS  IN  THE  PUBLIC  SCHOOLS OF THE STATE DESIGNATED AS
 BILINGUAL TEACHER SHORTAGE AREAS.
   § 2. This act shall take effect immediately.