S T A T E O F N E W Y O R K
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5433
2021-2022 Regular Sessions
I N S E N A T E
March 4, 2021
___________
Introduced by Sen. PARKER -- 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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09361-01-1
S. 5433 2
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.
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.
S. 5433 3
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
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.
S. 5433 4
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
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.
