NY State Assembly Bill 2021-A7447A

Assembly Bill A7447A

2021-2022 Legislative Session

Requires class size reduction plans in city school districts in cities having a population of one million or more

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2022	print number 7447a
Feb 07, 2022	amend and recommit to education
Jan 05, 2022	referred to education
May 10, 2021	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

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2021-A7447 - Details

See Senate Version of this Bill:: S6296
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §211-d, Ed L

2021-A7447 - Summary

Requires city school districts in cities having a population of one million or more to develop class size reduction plans beginning in September 2022 to reduce the average classroom size citywide, by district, and by school in such districts by the 2027-2028 school year.

2021-A7447 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7447
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation to requiring  class  size
   reduction plans in city school districts in cities having a population
   of one million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 and 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)  In  a  city school district in a city having a population of one
 million or more inhabitants such contract shall also include a  plan  to
 reduce  CITYWIDE  average  class  sizes  AND  BY DISTRICT AND SCHOOL, as
 defined by the commissioner, [within five years] BEGINNING SEPTEMBER TWO
 THOUSAND TWENTY-ONE AND TO BE ACHIEVED BY SEPTEMBER  TWO-THOUSAND  TWEN-
 TY-SIX for the following grade ranges: (A) pre-kindergarten-third grade;
 (B) fourth-eighth grade; and (C) high school, AND SHALL THEREAFTER MAIN-
 TAIN  THE  AVERAGE  CLASS  SIZES ACHIEVED BY SUCH DATE.  Such plan shall
 include ANNUAL class size reduction for low performing  and  overcrowded
 schools  and  also  include the methods to be used to achieve such class
 sizes, 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 otherwise reduce the student to teacher ratio[;  provided,
 however, that notwithstanding any law, rule or regulation to the contra-
 ry, the sole and exclusive remedy for a violation of the requirements of
 this paragraph shall be pursuant to a petition to the commissioner under
 subdivision  seven  of  section three hundred ten of this title, and the
 decision of the commissioner on such petition shall be final  and  unre-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10991-01-1

 A. 7447                             2

 viewable] BUT ONLY AS A TEMPORARY MEASURE UNTIL MORE CLASSROOMS ARE MADE
 AVAILABLE IN CONFORMANCE WITH THE PLAN.
   (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  class  sizes  pursuant  to
 subparagraph  (ii)  of  this  paragraph.  Such  report shall BE PUBLICLY
 RELEASED AND POSTED ON THE CITY  SCHOOL  DISTRICT'S  WEBSITES,  AND  THE
 DEPARTMENT  SHALL  identify  all schools that received funds targeted at
 class size reduction  efforts  pursuant  to  the  requirements  of  this
 section and provide 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  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]
 TWENTY--two thousand [seven] TWENTY-ONE school year, the actual  student
 enrollment for the two thousand [seven] TWENTY-ONE--two thousand [eight]
 TWENTY-TWO  school year, the actual student enrollment for the two thou-
 sand [eight]TWENTY-TWO--two thousand [nine]  TWENTY-THREE  school  year,
 THE  ACTUAL  STUDENT  ENROLLMENT  FOR THE TWO THOUSAND TWENTY-THREE--TWO
 THOUSAND TWENTY-FOUR SCHOOL YEAR, THE ACTUAL STUDENT ENROLLMENT FOR  THE
 TWO  THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, and the
 projected   student   enrollment   for   the   two    thousand    [nine]
 TWENTY-FIVE--two  thousand  [ten] TWENTY-SIX school year for each school
 by grade level;
   (D) the  actual  average  class  sizes  for  the  two  thousand  [six]
 TWENTY--two  thousand [seven] TWENTY-ONE school year, the actual average
 class sizes  for  the  two  thousand  [seven]  TWENTY-ONE--two  thousand
 [eight]  TWENTY-TWO  school year, the actual average class sizes for the
 two thousand [eight] TWENTY-TWO--two thousand [nine] TWENTY-THREE school
 year, and the projected average class sizes for the two thousand  [nine]
 TWENTY-THREE--two thousand [ten] TWENTY-FOUR school year for each school
 by  grade  level AND FOR EACH YEAR THEREAFTER UNTIL THE CLASS SIZE GOALS
 ARE ACHIEVED; [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 SUBDISTRICTS TO ACHIEVE THE CLASS SIZE REDUCTION GOALS;
   (F)  HOW THE SCHOOL CAPACITY AND UTILIZATION FORMULA IS ALIGNED TO THE
 CLASS SIZE GOALS 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] CONTAINED 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.

 A. 7447                             3

   [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 FIRST REPORT  SHALL  BE  SUBMITTED  TO  THE
 COMMISSIONER  ON  OR  BEFORE  NOVEMBER  FIFTEENTH  OF EACH YEAR AND MADE
 AVAILABLE  TO THE PUBLIC BY SUCH DATE. IF THE DEPARTMENT DETERMINES THAT
 THE NOVEMBER FIFTEENTH REPORT DOES NOT DEMONSTRATE SUFFICIENT  DECREASES
 IN  CLASS SIZE, THE CITY SCHOOL DISTRICT SHALL IMMEDIATELY SUBMIT A PLAN
 FOR CORRECTIVE ACTION AND SUCH PLAN SHALL ALSO BE MADE AVAILABLE TO  THE
 PUBLIC  UPON  SUBMISSION  TO THE DEPARTMENT. THE FINAL CORRECTIVE ACTION
 PLAN SHALL BE MADE AVAILABLE TO THE PUBLIC UPON APPROVAL BY THE  DEPART-
 MENT.  THE  FINAL  REPORT  SHALL  ALSO BE CERTIFIED BY THE STATE OR CITY
 COMPTROLLER THAT THE CITY SCHOOL DISTRICT'S CAPITAL AND EDUCATION  FUND-
 ING  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 GOALS.
   §  2.  This  act shall take effect immediately; provided, however that
 the amendments to section 211-d of the education law made by section one
 of this act shall first apply to contracts for excellence for the  2021-
 2022 school year.

co-Sponsors

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2021-A7447A (ACTIVE) - Details

See Senate Version of this Bill:: S6296
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §211-d, Ed L

2021-A7447A (ACTIVE) - Summary

2021-A7447A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7447--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced  by  M.  of A. SIMON, NIOU, EPSTEIN, DAVILA, GALLAGHER, BARN-
   WELL, CARROLL, GLICK, GONZALEZ-ROJAS, GOTTFRIED, MITAYNES -- read once
   and referred to the Committee  on  Education  --  recommitted  to  the
   Committee  on  Education in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to requiring class size
   reduction plans in city school districts in cities having a population
   of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  e  of  subdivision 1 of section 211-d of the
 education law, as amended by section 1 of part A of chapter  56  of  the
 laws of 2021, is amended to read as follows:
   e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
 district that submitted a contract for excellence for the  two  thousand
 eight--two  thousand nine school year shall submit a contract for excel-
 lence for the  two  thousand  nine--two  thousand  ten  school  year  in
 conformity  with the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section unless all schools in the  district  are
 identified  as  in  good  standing  and  provided further that, a school
 district that submitted a contract for excellence for the  two  thousand
 nine--two  thousand  ten school year, unless all schools in the district
 are identified as in good standing, shall submit a contract  for  excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall  be not less than the product of the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
 district's gap elimination adjustment percentage  and  provided  further
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10991-09-2

 A. 7447--A                          2
 
 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract  for excellence for the two thousand twelve--two thousand thir-
 teen 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  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
 A. 7447--A                          3
 
 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
 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, FOR 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, PROVIDE FOR THE
 EXPENDITURE AS SET FORTH IN  SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVI-
 SION TWO OF THIS SECTION. For purposes of this paragraph, the "gap elim-
 ination adjustment percentage" shall be calculated as  the  sum  of  one
 minus  the  quotient  of the sum of the school district's net gap elimi-
 nation 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 adjustment  computed  pursuant  to  chapter
 A. 7447--A                          4
 
 fifty-three  of  the  laws of two thousand 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 and subparagraphs (ii) and (iii)
 of paragraph b of subdivision 2 of section 211-d of the  education  law,
 subparagraph  (v) of paragraph a and subparagraph (ii) of paragraph b as
 amended by section 2 of part A of chapter 57 of the  laws  of  2008  and
 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:
   (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.
   (ii) In a city school district in a city having a  population  of  one
 million  or  more inhabitants such contract shall also include a plan to
 reduce CITYWIDE average class sizes  AND  BY  DISTRICT  AND  SCHOOL,  as
 defined by the commissioner, [within five years] BEGINNING SEPTEMBER TWO
 THOUSAND  TWENTY-TWO  AND TO BE ACHIEVED BY SEPTEMBER TWO THOUSAND TWEN-
 TY-SEVEN for the  following  grade  ranges:  (A)  pre-kindergarten-third
 grade; (B) fourth-eighth grade; and (C) high school, AND SHALL THEREAFT-
 ER  MAINTAIN  THE  AVERAGE  CLASS SIZES ACHIEVED BY SUCH DATE.  FOR CORE
 ACADEMIC CLASSES, CLASS SIZES SHALL BE CAPPED AFTER  FIVE  YEARS  AT  NO
 MORE  THAN  TWENTY  STUDENTS  PER  CLASS  IN GRADES KINDERGARTEN THROUGH
 THIRD, TWENTY-THREE STUDENTS PER CLASS IN GRADES FOURTH THROUGH  EIGHTH,
 AND TWENTY-FIVE STUDENTS IN HIGH SCHOOL.  Such plan shall include ANNUAL
 class size reduction for low performing and overcrowded schools and also
 include  the methods to be used to achieve such class sizes, 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.
   (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  class  sizes  pursuant  to
 subparagraph  (ii)  of  this  paragraph. Such report shall [identify] BE
 PUBLICLY RELEASED AND POSTED ON THE  CITY  SCHOOL  DISTRICT'S  WEBSITES,
 A. 7447--A                          5
 
 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  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] TWENTY-
 THREE--two thousand [seven] TWENTY-FOUR school year, the actual  student
 enrollment  for  the  two  thousand  [seven]  TWENTY-FOUR--two  thousand
 [eight] TWENTY-FIVE school year, the actual student enrollment  for  the
 two  thousand  [eight]TWENTY-FIVE--two thousand [nine] TWENTY-SIX school
 year, and the projected student enrollment for the two  thousand  [nine]
 TWENTY-SIX--two  thousand [ten] TWENTY-SEVEN school year for each school
 by grade level;
   (D) the actual average class sizes for the two thousand [six]  TWENTY-
 THREE--two  thousand [seven] TWENTY-FOUR school year, the actual average
 class sizes for  the  two  thousand  [seven]  TWENTY-FOUR--two  thousand
 [eight]  TWENTY-FIVE school year, the actual average class sizes for the
 two thousand [eight] TWENTY-FIVE--two thousand [nine] TWENTY-SIX  school
 year,  and the projected average class sizes for the two thousand [nine]
 TWENTY-SIX--two thousand [ten] TWENTY-SEVEN school year for each  school
 by  grade  level AND FOR EACH YEAR THEREAFTER UNTIL THE CLASS SIZE GOALS
 ARE ACHIEVED; [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 SUBDISTRICTS TO ACHIEVE THE CLASS SIZE REDUCTION GOALS;
   (F)  HOW THE SCHOOL CAPACITY AND UTILIZATION FORMULA IS ALIGNED TO THE
 CLASS SIZE GOALS 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]  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 FIRST REPORT SHALL BE SUBMITTED TO THE
 COMMISSIONER ON OR BEFORE NOVEMBER  FIFTEENTH  OF  EACH  YEAR  AND  MADE
 AVAILABLE  TO THE PUBLIC BY SUCH DATE ON THE 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.
 THE  DISTRICT'S  REVISED PLAN SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC
 ON THE DISTRICT'S WEBSITE UPON SUBMISSION TO THE DEPARTMENT.  THE  FINAL
 A. 7447--A                          6
 
 CORRECTIVE  ACTION  PLAN  SHALL  BE  MADE  AVAILABLE  TO THE PUBLIC UPON
 APPROVAL BY THE DEPARTMENT. THE FINAL 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
 GOALS.
   §  3.  Paragraph d of subdivision 4 and 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, are 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] THE PUBLIC PROCESS SET FORTH IN PARAGRAPHS A THROUGH  C  OF  THIS
 SUBDIVISION SHALL COMMENCE NO LATER THAN THIRTY DAYS AFTER A STATE BUDG-
 ET IS ENACTED EACH YEAR AND BE COMPLETED NO LATER THAN THIRTY DAYS AFTER
 ITS  COMMENCEMENT.    NOTICE  OF  THE  PUBLIC  PROCESS SHALL BE PROVIDED
 FIFTEEN DAYS PRIOR TO THE COMMENCEMENT OF THE FIRST PUBLIC  HEARING  AND
 SHALL  BE  POSTED  ON  THE DISTRICT'S WEBSITE AS WELL AS TRANSMITTED VIA
 EMAIL TO SCHOOL ADMINISTRATORS, PARENT AND  TEACHER  ORGANIZATIONS,  AND
 ELECTED  OFFICIALS.  THE  PROPOSED  PLAN  SHALL  BE  SUBMITTED FOR STATE
 APPROVAL WITHIN TWO WEEKS FOLLOWING THE COMPLETION OF THE  PUBLIC  PROC-
 ESS.  THE PROPOSED PLAN SHALL BE POSTED ON THE DISTRICT'S WEBSITE WITHIN
 TWENTY-FOUR HOURS OF ITS SUBMISSION ALONG WITH A SUMMARY OF  THE  PUBLIC
 COMMENTS  AND  THE  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. A. Each contract for excellence shall be subject to approval by the
 commissioner  [and  his  or  her].   NO CONTRACT FOR EXCELLENCE SHALL BE
 APPROVED AND NO CONTRACT FOR EXCELLENCE FUNDS AWARDED UNTIL  THE  PUBLIC
 PROCESS  SET  FORTH  IN  SUBDIVISION  FOUR  OF  THIS  SECTION  HAS  BEEN
 COMPLETED. UPON APPROVAL, THE PLAN SHALL BE MADE PUBLIC  AND  POSTED  ON
 THE  DEPARTMENT'S  WEBSITE  WITHIN  FORTY-EIGHT  HOURS,  ALONG  WITH ANY
 REVISIONS TO SUCH PLAN OR CORRECTIVE ACTION PLAN REQUIRED BY THE  STATE.
 NO  CONTRACT  FOR  EXCELLENCE  FUNDS  SHALL  BE  RELEASED  TO THE SCHOOL
 DISTRICT UNTIL SAID CONTRACT  IS  APPROVED  BY  THE  COMMISSIONER.  EACH
 CONTRACT  FOR  EXCELLENCE  IS ALSO SUBJECT TO THE COMMISSIONER'S certif-
 ication that the expenditure of additional 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 SCHOOL DISTRICT.  THE REMAIN-
 DER OF  THE  FUNDS  SHALL  BE  RELEASED  TO  THE  SCHOOL  DISTRICT  UPON
 SUBMISSION OF THE NOVEMBER FIFTEENTH REPORT DESCRIBED IN SUBDIVISION TWO
 OF  THIS  SECTION, ONLY IF SUCH REPORT DEMONSTRATES SUFFICIENT REDUCTION
 IN CLASS SIZES. IF SUCH REPORT DOES NOT DEMONSTRATE SUFFICIENT REDUCTION
 IN CLASS SIZES, THE REMAINDER  OF  THE  FUNDS  SHALL  BE  RELEASED  UPON
 SUBMISSION  BY  THE  SCHOOL  DISTRICT  OF  THE  CORRECTIVE  ACTION  PLAN
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. IN THE  YEAR  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.
   §  4.  This act shall take effect immediately and shall first apply to
 contracts for excellence for the 2022-2023 school year.

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Assembly Bill A7447A

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Sponsored By

SIMON

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Yuh-Line Niou

Harvey Epstein

Maritza Davila

Emily Gallagher

2021-A7447 - Details

2021-A7447 - Summary

2021-A7447 - Bill Text download pdf

co-Sponsors

Yuh-Line Niou

Harvey Epstein

Maritza Davila

Emily Gallagher

2021-A7447A (ACTIVE) - Details

2021-A7447A (ACTIVE) - Summary

2021-A7447A (ACTIVE) - Bill Text download pdf

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