S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6052
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 AN ACT to amend chapter 89 of the laws of 2016 relating to supplementary
   funding for dedicated programs for public school students in the  East
   Ramapo  central  school district, in relation to the powers and duties
   of monitors in the East Ramapo central school district
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of section 3 of chapter 89 of the laws of
 2016 relating to supplementary funding  for   dedicated   programs   for
 public  school  students  in  the East Ramapo central school district is
 amended and a new paragraph (c) is added to read as follows:
   (a) Appointment of monitor team. In accordance  with  the  powers  and
 duties of the board of regents and the commissioner pursuant to subdivi-
 sion 2 of section 305 of the education law, section 308 of the education
 law,  and  section  215  of  the  education  law, the commissioner shall
 appoint up to [3] 2 monitors to carry out the  provisions  of  this  act
 including but not limited to providing oversight, guidance and technical
 assistance  related  to  the educational and fiscal policies, practices,
 programs and decisions of the East Ramapo central school  district,  the
 board of education and the superintendent.
   (C)  THE  REASONABLE AND NECESSARY EXPENSES INCURRED BY THE MONITOR OR
 MONITORS WHILE PERFORMING HIS OR HER OFFICIAL DUTIES SHALL  BE  PAID  BY
 THE  SCHOOL  DISTRICT.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE
 MONITOR OR MONITORS SHALL BE ENTITLED TO DEFENSE AND INDEMNIFICATION  BY
 THE SCHOOL DISTRICT TO THE SAME EXTENT AS A SCHOOL DISTRICT EMPLOYEE.
   § 2. Sections 4, 6, 7 and 8 of chapter 89 of the laws of 2016 relating
 to  supplementary  funding  for  dedicated  programs  for  public school
 students in the East  Ramapo  central  school  district,  section  8  as
 amended by section 42-b of part A of chapter 56 of the laws of 2020, are
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07259-03-1

 S. 6052                             2
 
   §  4.  (A) (I) The monitor or monitors shall be entitled to attend all
 meetings of the board, including executive sessions;  provided  however,
 such  monitor or monitors shall not be considered for purposes of estab-
 lishing a quorum of the board, provided  further  that  the  MONITOR  OR
 monitors  may  be excused from executive sessions when privileged issues
 are being discussed.   The East Ramapo  central  school  district  shall
 fully  cooperate  with  any monitor or monitors appointed by the commis-
 sioner, including but not limited to providing such monitor or  monitors
 with  access, IN A TIMELY MANNER, to any necessary documents and records
 of the district including  access  to  electronic  information  systems,
 databases  and  planning documents, consistent with all applicable state
 and federal statutes including but not  limited  to  Family  Educational
 Rights  and Privacy Act (FERPA)(20 U.S.C. §1232g) and section 2-d of the
 education law.
   (II) THE BOARD CLERK SHALL PROVIDE THE MONITOR OR MONITORS WITH COPIES
 OF THE BOARD AGENDA AND ALL RESOLUTIONS AND MOTIONS THAT WILL  BE  TAKEN
 UP  BY  THE BOARD AT THE NEXT BOARD MEETING NO LATER THAN 48 HOURS PRIOR
 TO SUCH BOARD MEETING.   IF A RESOLUTION  OR  MOTION  IS  TO  APPROVE  A
 CONTRACT OR WHERE THE RESOLUTION IS REQUIRED TO COMPLY WITH STATE LAW OR
 REGULATION  AND THE DATE TO COMPLY WITH SUCH LAW OR REGULATION IS WITHIN
 21 DAYS OF THE BOARD MEETING, THE BOARD CLERK SHALL PROVIDE THE  MONITOR
 OR MONITORS WITH COPIES OF THE RESOLUTION AND PROPOSED CONTRACT LANGUAGE
 AT  LEAST SEVEN DAYS PRIOR TO SUCH MEETING.  IN THE EVENT THE MONITOR OR
 MONITORS ARE NOT PROVIDED WITH COPIES OF SUCH DOCUMENTS 48  HOURS  PRIOR
 TO  THE  NEXT  BOARD  MEETING OR IN THE CASE OF CONTRACTS OR RESOLUTIONS
 REQUIRED TO COMPLY WITH STATE LAW OR REGULATION, SEVEN DAYS PRIOR TO THE
 NEXT BOARD MEETING, THE MONITOR OR MONITORS MAY,  AT  THEIR  DISCRETION,
 REMOVE AN ITEM INCLUDING BOARD RESOLUTIONS OR MOTIONS, EXCEPT FOR RESOL-
 UTION  OR MOTIONS RELATED TO COLLECTIVE BARGAINING AGREEMENTS NEGOTIATED
 IN ACCORDANCE WITH ARTICLE 14 OF THE CIVIL SERVICE LAW,  FROM  CONSIDER-
 ATION  BY  THE BOARD AT SUCH MEETING. AN ITEM REMOVED FROM CONSIDERATION
 BY THE MONITOR OR MONITORS MAY NOT BE RECONSIDERED BY THE  BOARD  FOR  A
 PERIOD  OF  10 DAYS OR THE NEXT BOARD MEETING; WHICHEVER IS LATER UNLESS
 THE MONITOR OR MONITORS EXPRESSLY AUTHORIZES CONSIDERATION AT AN EARLIER
 DATE.
   (B) THE BOARD, IN CONSULTATION WITH THE  MONITOR  OR  MONITORS,  SHALL
 ADOPT  A  CONFLICT  OF  INTEREST  POLICY THAT COMPLIES WITH ALL EXISTING
 APPLICABLE LAWS, RULES AND REGULATIONS THAT ENSURES  ITS  BOARD  MEMBERS
 AND ADMINISTRATION ACT IN THE SCHOOL DISTRICT'S BEST INTEREST AND COMPLY
 WITH  APPLICABLE  LEGAL  REQUIREMENTS.  THE  CONFLICT OF INTEREST POLICY
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) A DEFINITION OF THE CIRCUMSTANCES THAT CONSTITUTE  A  CONFLICT  OF
 INTEREST;
   (II) PROCEDURES FOR DISCLOSING A CONFLICT OF INTEREST TO THE BOARD;
   (III)  A REQUIREMENT THAT THE PERSON WITH THE CONFLICT OF INTEREST NOT
 BE PRESENT AT OR PARTICIPATE IN BOARD  DELIBERATIONS  OR  VOTES  ON  THE
 MATTER  GIVING  RISE  TO  SUCH  CONFLICT,  PROVIDED THAT NOTHING IN THIS
 SUBDIVISION SHALL PROHIBIT THE BOARD FROM  REQUESTING  THAT  THE  PERSON
 WITH  THE  CONFLICT  OF  INTEREST  PRESENT  INFORMATION AS BACKGROUND OR
 ANSWER QUESTIONS AT A BOARD MEETING PRIOR TO THE COMMENCEMENT OF  DELIB-
 ERATIONS OR VOTING RELATING THERETO;
   (IV) A PROHIBITION AGAINST ANY ATTEMPT BY THE PERSON WITH THE CONFLICT
 TO  INFLUENCE IMPROPERLY THE DELIBERATION OR VOTING ON THE MATTER GIVING
 RISE TO SUCH CONFLICT; AND

 S. 6052                             3
 
   (V) A REQUIREMENT THAT THE EXISTENCE AND RESOLUTION OF THE CONFLICT BE
 DOCUMENTED IN THE BOARD'S RECORDS, INCLUDING IN THE MINUTES OF ANY MEET-
 ING AT WHICH THE CONFLICT WAS DISCUSSED OR VOTED UPON.
   (C)  IN THE EVENT THAT THE MONITOR OR MONITORS FIND THAT A BOARD DECI-
 SION, A PROPOSED RESOLUTION, OR THAT THE BOARD'S FAILURE  TO  ACT  IN  A
 TIMELY  MANNER,  VIOLATES  STATE LAW, THE RULES OF THE BOARD OF REGENTS,
 THE REGULATIONS OF THE COMMISSIONER, OR IS INCONSISTENT WITH  THE  TERMS
 OF  THE  LONG  TERM  STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT PLAN, THE
 MONITOR OR MONITORS MAY:
   (I) OVERRIDE DECISIONS OR PROPOSED RESOLUTIONS BY  THE  BOARD  THROUGH
 THE ISSUANCE OF A DIRECTIVE WHICH SHALL CONTAIN THE SPECIFIC FINDINGS AS
 TO THE NECESSITY OF SUCH OVERRIDE AND ANY POTENTIAL CORRECTIVE ACTION BY
 THE  BOARD THAT WOULD ADDRESS THE DEFICIENCY IN SUCH BOARD DECISION. THE
 MONITOR OR MONITORS SHALL PROVIDE WRITTEN NOTICE TO  THE  BOARD,  SUPER-
 INTENDENT  AND  COMMISSIONER  OF  THEIR  INTENTION TO OVERRIDE THE BOARD
 DECISION OR PROPOSED RESOLUTION AT ANY TIME BUT IN NO EVENT  LATER  THAN
 48  HOURS  AFTER  SUCH DECISION WAS MADE BY THE BOARD UNLESS THE COMMIS-
 SIONER HAS EXTENDED THE PERIOD TO OVERRIDE DUE  TO  EXTENUATING  CIRCUM-
 STANCES THAT NECESSITATE ADDITIONAL TIME. THE OVERRIDE NOTICE SHALL STAY
 THE  PROCEEDINGS  OF  THE  BOARD  ON  SUCH DECISION OR, IF THE NOTICE IS
 PROVIDED PRIOR TO ACTION BY THE BOARD, IT SHALL REMOVE  SUCH  ITEM  FROM
 CONSIDERATION  BY  THE  BOARD PENDING THE ISSUANCE OF A DIRECTIVE BY THE
 MONITOR OR MONITORS. THE MONITOR OR MONITORS MUST SUBMIT  THE  DIRECTIVE
 TO  THE BOARD, SUPERINTENDENT AND THE COMMISSIONER NO LATER THAN 10 DAYS
 FOLLOWING NOTICE OF SUCH OVERRIDE. UPON THE ISSUANCE OF A DIRECTIVE, THE
 OVERRIDE OF THE BOARD'S DECISION SHALL BE FINAL  AND  CONCLUSIVE  UNLESS
 THE  MONITOR  OR MONITORS FAIL TO ISSUE SUCH DIRECTIVE WITHIN 10 DAYS OR
 WITHIN SUCH PERIOD ESTABLISHED BY THE MONITOR OR MONITORS IF THE  PERIOD
 WAS EXTENDED, WITHDRAWS SUCH OVERRIDE, OR THE COMMISSIONER OVERRULES THE
 MONITOR  OR  MONITORS'  OVERRIDE  WITHIN  10 DAYS OF THE ISSUANCE OF THE
 DIRECTIVE. THE MONITOR OR MONITORS MAY EXTEND THE PERIOD TO SUBMIT  SUCH
 DIRECTIVE  AT INTERVALS OF 10 ADDITIONAL DAYS FOR EACH EXTENSION  IF THE
 BOARD, SUPERINTENDENT OR SCHOOL DISTRICT EMPLOYEES FAIL TO PROVIDE THEM,
 IN A TIMELY MANNER, WITH ALL RELEVANT INFORMATION RELATED TO  THE  DECI-
 SION SUBJECT TO SUCH OVERRIDE.
   (II)  SUBMIT  A  RESOLUTION  FOR ADOPTION BY THE BOARD. THE RESOLUTION
 SHALL BE SUBMITTED TO THE CLERK NO LATER THAN 48 HOURS PRIOR TO THE NEXT
 SCHEDULED BOARD MEETING WHO SHALL CAUSE THE RESOLUTION TO BE  PLACED  ON
 THE  NEXT  BOARD  MEETING  AGENDA  AND A COPY TO BE ISSUED TO THE BOARD,
 SUPERINTENDENT AND COMMISSIONER ACCOMPANIED BY SPECIFIC FINDINGS  AS  TO
 THE NECESSITY OF SUCH RESOLUTION. THE MONITOR OR MONITORS MAY DIRECT THE
 BOARD  TO  MEET AT A DATE PRIOR TO THEIR NEXT SCHEDULED BOARD MEETING TO
 TAKE UP SUCH RESOLUTION.   THE MONITOR  OR  MONITORS  MAY  WITHDRAW  THE
 RESOLUTION  PRIOR  TO,  OR  DURING, THE NEXT BOARD MEETING, IF THE BOARD
 TAKES SUFFICIENT ACTION TO RESOLVE THE ISSUES CONTAINED  IN  THE  RESOL-
 UTION.  IF  THE  RESOLUTION  IS  NOT WITHDRAWN, IT SHALL BE DEEMED TO BE
 ADOPTED AT THE NEXT BOARD MEETING THROUGH ITS SUBMISSION AND SHALL  HAVE
 THE FULL FORCE AND EFFECT AS ANY OTHER RESOLUTION ADOPTED BY THE BOARD.
   (III)  THE  MONITOR  OR  MONITORS MAY NOT OVERRIDE A BOARD DECISION OR
 SUBMIT A RESOLUTION RELATED TO COLLECTIVE BARGAINING AGREEMENTS  NEGOTI-
 ATED IN ACCORDANCE WITH ARTICLE 14 OF THE CIVIL SERVICE LAW.
   (D)  THE  MONITOR  OR  MONITORS  MAY DIRECT THE BOARD, SUPERINTENDENT,
 AND/OR OTHER SCHOOL DISTRICT OFFICERS TO UNDERGO ANY TRAINING AS  DEEMED
 NECESSARY AND PURSUANT TO TIMELINES ESTABLISHED BY THE STATE MONITOR.
   (E)  THE MONITOR OR MONITORS SHALL HAVE THE POWER TO APPROVE OR DISAP-
 PROVE THE APPOINTMENT OF A SUPERINTENDENT BY THE BOARD OF  EDUCATION  ON

 S. 6052                             4
 
 OR  AFTER  THE  EFFECTIVE  DATE OF THIS ACT.  THE BOARD SHALL SUBMIT THE
 RECOMMENDATION  FOR  SUPERINTENDENT  TO  THE  MONITOR  OR  MONITORS  FOR
 APPROVAL.  THE  MONITOR  OR  MONITORS  SHALL  HAVE 10 DAYS TO APPROVE OR
 DISAPPROVE THE BOARD'S RECOMMENDATION. IF AFTER SUCH PERIOD NO ACTION IS
 TAKEN  BY THE MONITOR OR MONITORS, THE RECOMMENDATION FOR SUPERINTENDENT
 SHALL BE DEEMED APPROVED.  IF THE MONITOR OR MONITORS DISAPPROVES OF THE
 APPOINTMENT, THEN THE BOARD SHALL RECOMMEND  A  NEW  CANDIDATE  FOR  THE
 MONITOR  OR  MONITORS  TO  APPROVE OR DISAPPROVE UNTIL AN APPOINTMENT IS
 APPROVED BY THE MONITOR OR MONITORS. IN THE EVENT THAT A VACANCY  OCCURS
 IN  THE POSITION OF SUPERINTENDENT DUE TO THE DISAPPROVAL OF A RECOMMEN-
 DATION, THE MONITOR OR MONITORS MAY APPOINT A CURRENT SCHOOL EMPLOYEE AS
 INTERIM SUPERINTENDENT UNTIL  A  RECOMMENDATION  FOR  SUPERINTENDENT  IS
 APPROVED.
   §  6. Fiscal and operational oversight by the commissioner. During the
 effective period  of  this  act  the  commissioner  shall  undertake  an
 enhanced review of the district budget.
   (a)  The board of education [in consultation with the monitor or moni-
 tors] shall annually submit the school district's  proposed  budget  for
 the  next  succeeding school year to the [commissioner] MONITOR OR MONI-
 TORS no later than [45 days before the date scheduled for]  MARCH  FIRST
 PRIOR  TO  the school district's budget vote. The [commissioner] MONITOR
 OR MONITORS shall review the budget to ensure that it, to  the  greatest
 extent  possible, expands educational programming for students including
 but not limited to extracurricular activities,  course  offerings,  non-
 mandated  support services, non-mandated art and music classes, programs
 and services for English language learners and students  with  disabili-
 ties, and maintaining class size. The [commissioner] MONITOR OR MONITORS
 shall  also  review  the  proposed  budget to ensure that it is balanced
 within the context of revenue and  expenditure  estimates  and  mandated
 programs.  The  [commissioner]  MONITOR OR MONITORS shall present his or
 her findings to the board of education AND TO THE COMMISSIONER no  later
 than  [30] 45 days prior to the date scheduled for the school district's
 budget vote.   The COMMISSIONER SHALL REQUIRE  THE  board  of  education
 [shall]  TO  make adjustments to the proposed budget consistent with any
 recommendations made by the [commissioner] MONITOR OR  MONITORS  IF  THE
 COMMISSIONER DETERMINES SUCH AMENDMENTS ARE NECESSARY TO COMPLY WITH THE
 LONG TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT PLAN UNDER THIS ACT.
 The  school district shall make available on the district's website: the
 initial proposed budget, the [commissioner's] MONITOR OR MONITORS' find-
 ings, and the final proposed budget [prior to the  date  of  the  school
 district's  budget  vote]  AT  LEAST SEVEN DAYS PRIOR TO THE DATE OF THE
 SCHOOL DISTRICT'S BUDGET HEARING. IN THE EVENT OF A REVOTE, THE BOARD OF
 EDUCATION, IN CONJUNCTION WITH THE MONITOR OR  MONITORS,  SHALL  DEVELOP
 AND SUBMIT THE SCHOOL DISTRICT'S PROPOSED BUDGET FOR THE NEXT SUCCEEDING
 SCHOOL  YEAR  TO  THE COMMISSIONER NO LATER THAN SEVEN DAYS PRIOR TO THE
 BUDGET HEARING. THE BOARD OF EDUCATION SHALL  PROVIDE  THE  COMMISSIONER
 WITH ANY INFORMATION HE OR SHE REQUESTS IN ORDER TO MAKE A DETERMINATION
 PURSUANT TO THIS SUBDIVISION WITHIN THREE BUSINESS DAYS OF SUCH REQUEST.
   (b) [The monitor or monitors appointed by the commissioner shall quar-
 terly,  and  the  district  shall  annually  provide to the commissioner
 reports on the fiscal and operational status of the school  district  to
 ensure  compliance  with  subdivision  (a) of this section. In addition,
 monitors shall provide an annual report to the  commissioner  and  comp-
 troller on contracts that the district entered into throughout the year.
 All reports shall be subject to review by the comptroller at the request
 of  the  commissioner.]  THE DISTRICT SHALL PROVIDE QUARTERLY REPORTS TO

 S. 6052                             5
 
 THE MONITOR OR MONITORS AND ANNUAL REPORTS TO THE COMMISSIONER AND BOARD
 OF REGENTS ON THE ACADEMIC, FISCAL, AND OPERATIONAL STATUS OF THE SCHOOL
 DISTRICT. IN ADDITION, THE MONITOR OR MONITORS SHALL PROVIDE SEMI-ANNUAL
 REPORTS  TO THE COMMISSIONER, BOARD OF REGENTS, THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF  THE  ASSEMBLY  ON  THE
 ACADEMIC,  FISCAL,  AND  OPERATIONAL STATUS OF THE SCHOOL DISTRICT. SUCH
 SEMI-ANNUAL REPORT SHALL INCLUDE ALL THE  CONTRACTS  THAT  THE  DISTRICT
 ENTERED INTO THROUGHOUT THE YEAR.
   (C)  THE  MONITOR  OR  MONITORS SHALL HAVE THE AUTHORITY TO DISAPPROVE
 TRAVEL OUTSIDE THE STATE PAID FOR BY THE DISTRICT.
   (D) THE MONITOR OR MONITORS SHALL  WORK  WITH  THE  DISTRICT'S  SHARED
 DECISION-MAKING COMMITTEE AS DEFINED IN 8 NYCRR 100.11 IN DEVELOPING THE
 ACADEMIC  IMPROVEMENT  PLAN, FINANCIAL PLAN, DISTRICT GOALS, IMPLEMENTA-
 TION OF DISTRICT PRIORITIES AND BUDGETARY RECOMMENDATIONS.
   (E) THE MONITOR OR MONITORS SHALL ASSIST IN RESOLVING ANY DISPUTES AND
 CONFLICTS, INCLUDING BUT NOT LIMITED TO, THOSE BETWEEN  THE  SUPERINTEN-
 DENT  AND  THE  BOARD OF EDUCATION AND AMONG THE MEMBERS OF THE BOARD OF
 EDUCATION.
   (F) THE MONITOR OR MONITORS MAY RECOMMEND, AND THE BOARD SHALL CONSID-
 ER BY VOTE OF A RESOLUTION AT THE NEXT SCHEDULED MEETING OF  THE  BOARD,
 COST  SAVING  MEASURES  INCLUDING,  BUT  NOT  LIMITED TO, SHARED SERVICE
 AGREEMENTS.
   § 7. To ensure compliance with the comprehensive expenditure plan,  in
 the  event  the  district  plans  to  reduce  budget  appropriations for
 programs restored or created under the comprehensive expenditure plan or
 the strategic academic and fiscal improvement plan as well as  the  sale
 of  school  buildings  or  other  real  property and capital improvement
 contracts in excess of one  hundred  thousand  dollars  ($100,000),  the
 district shall submit a plan to the [commissioner] MONITOR OR MONITORS
  for approval.
   §  8.  THE  COMMISSIONER  MAY  OVERRULE ANY DECISION OF THE MONITOR OR
 MONITORS, EXCEPT FOR  COLLECTIVE  BARGAINING  AGREEMENTS  NEGOTIATED  IN
 ACCORDANCE  WITH ARTICLE 14 OF THE CIVIL SERVICE LAW, IF HE OR SHE DEEMS
 THAT SUCH DECISION IS NOT ALIGNED WITH THE LONG TERM STRATEGIC  ACADEMIC
 AND  FISCAL  IMPROVEMENT  PLAN  OR  THE  SCHOOL  DISTRICT'S BUDGET OR IS
 CONTRARY TO STATE LAW, OR REGULATION. IF THE  COMMISSIONER  OVERRULED  A
 DECISION  OF  THE  MONITOR  OR MONITORS, THE COMMISSIONER MAY DIRECT THE
 BOARD TO TAKE CORRECTIVE ACTION ON SUCH MATTER IF  IT  IS  NECESSARY  TO
 COMPLY  WITH  STATE  LAW, REGULATION OR THE LONG TERM STRATEGIC ACADEMIC
 AND FISCAL IMPROVEMENT PLAN. IN THE EVENT THERE IS DISAGREEMENT  BETWEEN
 THE MONITORS, THE COMMISSIONER MAY RESOLVE SUCH DISAGREEMENTS AND DIRECT
 THE MONITORS TO TAKE ACTION AS A RESULT OF SUCH RESOLUTION.
   § 9. THE MONITOR OR MONITORS MAY NOTIFY THE COMMISSIONER AND THE BOARD
 IN  WRITING WHEN HE OR SHE DEEMS THE DISTRICT IS VIOLATING AN ELEMENT OF
 THE LONG TERM STRATEGIC ACADEMIC AND FISCAL  IMPROVEMENT  PLAN  IN  THIS
 ACT.  WITHIN  TWENTY  DAYS, THE COMMISSIONER SHALL DETERMINE WHETHER THE
 DISTRICT IS IN VIOLATION OF ANY OF THE ELEMENTS OF THE PLAN  HIGHLIGHTED
 BY  THE  MONITOR AND SHALL ORDER THE DISTRICT TO COMPLY IMMEDIATELY WITH
 THE PLAN AND REMEDY  ANY  SUCH  VIOLATION.  THE  SCHOOL  DISTRICT  SHALL
 SUSPEND  ALL ACTIONS RELATED TO THE POTENTIAL VIOLATION OF THE LONG TERM
 STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT PLAN  UNTIL  THE  COMMISSIONER
 ISSUES A DETERMINATION.
   §  10.  NOTHING  IN THIS ACT SHALL BE CONSTRUED TO ABROGATE THE DUTIES
 AND RESPONSIBILITIES OF THE SCHOOL DISTRICT CONSISTENT  WITH  APPLICABLE
 STATE LAW AND REGULATIONS.

 S. 6052                             6
 
   §  11. This act shall take effect July 1, 2016 and shall expire and be
 deemed repealed June 30, [2021, except that  paragraph  (b)  of  section
 five  of  this  act  and  section  seven of this act shall expire and be
 deemed repealed June 30, 2021] 2026.
   §  3.  Paragraph  (b)  of  section 5 of chapter 89 of the laws of 2016
 relating to supplementary funding  for  dedicated  programs  for  public
 school  students  in the East Ramapo central school district, as amended
 by section 48 of part YYY of chapter 59 of the laws of 2017, is  amended
 to read as follows:
   (b)  [In  order  to  receive  such  funds, the] THE school district in
 consultation with the monitor or monitors  shall  develop  a  long  term
 strategic  academic and fiscal improvement plan within 6 months from the
 enactment of this act and shall annually revise  such  plan  by  October
 first  of  each  year  thereafter.    Such  plan,  including such annual
 revisions thereto, shall be submitted to the commissioner  for  approval
 and shall include a set of goals with appropriate benchmarks and measur-
 able  objectives and identify strategies to address areas where improve-
 ments are needed in the district,  including  but  not  limited  to  its
 financial  stability,  academic opportunities and outcomes, education of
 students with disabilities, education of English language learners,  THE
 EDUCATIONAL WELFARE OF ALL STUDENTS and shall ensure compliance with all
 applicable  state  and  federal laws and regulations.   This improvement
 plan shall also include  a  comprehensive  expenditure  plan  that  will
 describe how ANY FUNDS APPROPRIATED TO THE DISTRICT IN ADDITION TO THOSE
 APPROPRIATED THROUGH THE SCHOOL AID FORMULA INCLUDING BUT NOT LIMITED TO
 the  funds  made available to the district pursuant to this section will
 be spent in the applicable school year.   The comprehensive  expenditure
 plan shall ensure that funds supplement, not supplant, expenditures from
 local,  state  and  federal funds for services provided to public school
 students, except that such funds may be used to continue services funded
 pursuant to this act in prior years.   Such expenditure  plan  shall  be
 developed and annually revised in consultation with the monitor or moni-
 tors  appointed  by the commissioner. The board of education of the East
 Ramapo central school district must annually conduct a public hearing on
 the expenditure plan and shall  consider  the  input  of  the  community
 before  adopting  such  plan.  Such  expenditure plan shall also be made
 publicly available and shall be annually submitted along  with  comments
 made  by the community to the commissioner for approval once the plan is
 finalized.   Upon review of the improvement  plan  and  the  expenditure
 plan,  required  to be submitted pursuant to this subdivision or section
 seven of this act, the commissioner shall approve or deny such  plan  in
 writing and, if denied, shall include the reasons therefor. The district
 in  consultation  with the monitors may resubmit such plan or plans with
 any needed modifications thereto.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  to chapter 89 of the laws of 2016 made by sections one,
 two and three of this act shall not affect the repeal  of  such  chapter
 and shall be deemed to be repealed therewith.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6052--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2021
                                ___________
 
 Introduced  by Sens. REICHLIN-MELNICK, SKOUFIS, THOMAS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Education  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend chapter 89 of the laws of 2016 relating to supplementary
   funding for dedicated programs for public school students in the  East
   Ramapo  central  school district, in relation to the powers and duties
   of monitors in the East Ramapo central school district
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of section 3 of chapter 89 of the laws of
 2016 relating to supplementary funding  for   dedicated   programs   for
 public  school  students  in  the East Ramapo central school district is
 amended and a new paragraph (c) is added to read as follows:
   (a) Appointment of monitor team. In accordance  with  the  powers  and
 duties of the board of regents and the commissioner pursuant to subdivi-
 sion 2 of section 305 of the education law, section 308 of the education
 law,  and  section  215  of  the  education law, [the commissioner shall
 appoint] up to [3] 2 monitors SHALL BE APPOINTED BY  AND  SERVE  AT  THE
 PLEASURE  OF  THE  COMMISSIONER  to carry out the provisions of this act
 including but not limited to providing oversight, guidance and technical
 assistance related to the educational and  fiscal  policies,  practices,
 programs  and  decisions of the East Ramapo central school district, the
 board of education and the superintendent.
   (C) THE REASONABLE AND NECESSARY EXPENSES INCURRED BY THE  MONITOR  OR
 MONITORS  WHILE  PERFORMING  HIS OR HER OFFICIAL DUTIES SHALL BE PAID BY
 THE SCHOOL DISTRICT. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  THE
 MONITOR  OR MONITORS SHALL BE ENTITLED TO DEFENSE AND INDEMNIFICATION BY
 THE SCHOOL DISTRICT TO THE SAME EXTENT AS A SCHOOL DISTRICT EMPLOYEE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07259-11-1

 S. 6052--B                          2
 
   § 2. Sections 4, 6, 7 and 8 of chapter 89 of the laws of 2016 relating
 to supplementary  funding  for  dedicated  programs  for  public  school
 students  in  the  East  Ramapo  central  school  district, section 8 as
 amended by section 42-b of part A of chapter 56 of the laws of 2020, are
 amended  and  four  new  sections  9, 10, 11 and 12 are added to read as
 follows:
   § 4. (A) (I) The monitor or monitors shall be entitled to  attend  all
 meetings  of  the board, including executive sessions; provided however,
 such monitor or monitors shall not be considered for purposes of  estab-
 lishing  a  quorum  of  the  board, provided further that the MONITOR OR
 monitors may be excused from executive sessions when [privileged issues]
 PROPOSED, PENDING OR CURRENT LITIGATION INVOLVING THE MONITOR  OR  MONI-
 TORS  OR  THE  DEPARTMENT are being discussed.   The East Ramapo central
 school district shall fully  cooperate  with  any  monitor  or  monitors
 appointed  by  the  commissioner, including but not limited to providing
 such monitor or monitors with access, WITHIN 48 HOURS  OF  SUCH  REQUEST
 FROM  THE MONITOR OR MONITORS, to any necessary documents and records of
 the district including access to electronic information  systems,  data-
 bases  and  planning documents, consistent with all applicable state and
 federal statutes including but not limited to Family Educational  Rights
 and  Privacy Act (FERPA)(20 U.S.C. §1232g) and section 2-d of the educa-
 tion law. THE MONITOR OR MONITORS SHALL PROVIDE A COPY OF  SUCH  REQUEST
 FOR ANY DOCUMENT OR RECORD TO THE BOARD.
   (II) THE BOARD CLERK SHALL PROVIDE THE MONITOR OR MONITORS WITH COPIES
 OF  THE  BOARD AGENDA AND ALL RESOLUTIONS AND MOTIONS ON SUCH AGENDA FOR
 EACH BOARD MEETING NO LATER THAN 72 HOURS PRIOR TO SUCH  BOARD  MEETING.
 IF  A  PROPOSED  RESOLUTION  OR MOTION IS FOR THE PURPOSE OF APPROVING A
 CONTRACT OR TO COMPLY WITH STATE LAW  OR  REGULATION  AND  THE  DATE  TO
 COMPLY  WITH SUCH LAW OR REGULATION IS WITHIN 21 DAYS OF THE BOARD MEET-
 ING, THE BOARD CLERK SHALL PROVIDE THE MONITOR OR MONITORS  WITH  COPIES
 OF THE PROPOSED RESOLUTION AND PROPOSED CONTRACT LANGUAGE AT LEAST SEVEN
 DAYS PRIOR TO SUCH MEETING.
   (III)  IN  THE  EVENT  THE  MONITOR  OR MONITORS ARE NOT PROVIDED WITH
 COPIES OF PROPOSED RESOLUTIONS OR MOTIONS 72  HOURS  PRIOR  TO  A  BOARD
 MEETING  OR  IN  THE  CASE  OF  A  PROPOSED RESOLUTION OR MOTION FOR THE
 PURPOSE OF APPROVING A CONTRACT OR TO COMPLY WITH  STATE  LAW  OR  REGU-
 LATION, SEVEN DAYS PRIOR TO THE NEXT BOARD MEETING, THE MONITOR OR MONI-
 TORS  MAY,  AT  THEIR  DISCRETION, REMOVE AN ITEM INCLUDING BOARD RESOL-
 UTIONS  OR  MOTIONS,  EXCEPT  FOR  RESOLUTIONS  OR  MOTIONS  RELATED  TO
 COLLECTIVE  BARGAINING  AGREEMENTS NEGOTIATED IN ACCORDANCE WITH ARTICLE
 14 OF THE CIVIL SERVICE LAW, FROM CONSIDERATION BY  THE  BOARD  AT  SUCH
 MEETING.  UPON THE FAILURE OF THE BOARD CLERK TO PROVIDE PROPOSED RESOL-
 UTIONS  OR  MOTIONS  AS  REQUIRED  BY  PARAGRAPHS (II) AND (III) OF THIS
 SUBDIVISION, THE MONITOR OR MONITORS SHALL PROVIDE NOTICE OF SUCH  FAIL-
 URE  TO THE BOARD.  AN ITEM REMOVED FROM CONSIDERATION BY THE MONITOR OR
 MONITORS MAY NOT BE RECONSIDERED BY THE BOARD FOR A PERIOD OF 10 DAYS OR
 THE NEXT BOARD MEETING; WHICHEVER IS LATER UNLESS THE MONITOR  OR  MONI-
 TORS EXPRESSLY AUTHORIZES CONSIDERATION AT AN EARLIER DATE.
   (B)  THE  BOARD,  IN  CONSULTATION WITH THE MONITOR OR MONITORS, SHALL
 ADOPT A CONFLICT OF INTEREST POLICY  THAT  COMPLIES  WITH  ALL  EXISTING
 APPLICABLE  LAWS,  RULES  AND REGULATIONS THAT ENSURES ITS BOARD MEMBERS
 AND ADMINISTRATION ACT IN THE SCHOOL DISTRICT'S BEST INTEREST AND COMPLY
 WITH APPLICABLE LEGAL REQUIREMENTS.  THE  CONFLICT  OF  INTEREST  POLICY
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  A  DEFINITION  OF THE CIRCUMSTANCES THAT CONSTITUTE A CONFLICT OF
 INTEREST;

 S. 6052--B                          3
 
   (II) PROCEDURES FOR DISCLOSING A CONFLICT OF INTEREST TO THE BOARD;
   (III)  A REQUIREMENT THAT THE PERSON WITH THE CONFLICT OF INTEREST NOT
 BE PRESENT AT OR PARTICIPATE IN BOARD  DELIBERATIONS  OR  VOTES  ON  THE
 MATTER  GIVING  RISE  TO  SUCH  CONFLICT,  PROVIDED THAT NOTHING IN THIS
 SUBDIVISION SHALL PROHIBIT THE BOARD FROM  REQUESTING  THAT  THE  PERSON
 WITH  THE  CONFLICT  OF  INTEREST  PRESENT  INFORMATION AS BACKGROUND OR
 ANSWER QUESTIONS AT A BOARD MEETING PRIOR TO THE COMMENCEMENT OF  DELIB-
 ERATIONS OR VOTING RELATING THERETO;
   (IV) A PROHIBITION AGAINST ANY ATTEMPT BY THE PERSON WITH THE CONFLICT
 TO  INFLUENCE IMPROPERLY THE DELIBERATION OR VOTING ON THE MATTER GIVING
 RISE TO SUCH CONFLICT; AND
   (V) A REQUIREMENT THAT THE EXISTENCE AND RESOLUTION OF THE CONFLICT BE
 DOCUMENTED IN THE BOARD'S RECORDS, INCLUDING IN THE MINUTES OF ANY MEET-
 ING AT WHICH THE CONFLICT WAS DISCUSSED OR VOTED UPON.
   (C) IN THE EVENT THAT THE MONITOR OR MONITORS  FIND  THAT  AN  ADOPTED
 RESOLUTION  OR  MOTION,  A  PROPOSED  RESOLUTION  OR MOTION, OR THAT THE
 BOARD'S FAILURE TO ACT VIOLATES STATE LAW, THE RULES  OF  THE  BOARD  OF
 REGENTS,  THE  REGULATIONS  OF THE COMMISSIONER, OR IS INCONSISTENT WITH
 THE TERMS OF THE LONG TERM STRATEGIC  ACADEMIC  AND  FISCAL  IMPROVEMENT
 PLAN, THE MONITOR OR MONITORS MAY:
   (I)  OVERRIDE  ADOPTED OR PROPOSED RESOLUTIONS OR MOTIONS BY THE BOARD
 THROUGH THE ISSUANCE OF A DIRECTIVE WHICH  SHALL  CONTAIN  THE  SPECIFIC
 FINDINGS  AS TO THE NECESSITY OF SUCH OVERRIDE AND ANY POTENTIAL CORREC-
 TIVE ACTION BY THE BOARD THAT  WOULD  ADDRESS  THE  DEFICIENCY  IN  SUCH
 ADOPTED  OR PROPOSED RESOLUTION OR MOTION. THE MONITOR OR MONITORS SHALL
 PROVIDE WRITTEN NOTICE TO THE BOARD, SUPERINTENDENT AND COMMISSIONER  OF
 THEIR INTENTION TO OVERRIDE THE ADOPTED OR PROPOSED RESOLUTION OR MOTION
 AT ANY TIME BUT IN NO EVENT LATER THAN 48 HOURS AFTER SUCH RESOLUTION OR
 MOTION WAS ADOPTED BY THE BOARD UNLESS THE COMMISSIONER HAS EXTENDED THE
 PERIOD  TO  OVERRIDE  DUE  TO EXTENUATING CIRCUMSTANCES THAT NECESSITATE
 ADDITIONAL TIME. THE OVERRIDE NOTICE SHALL STAY THE PROCEEDINGS  OF  THE
 BOARD ON SUCH ADOPTED RESOLUTION OR MOTION OR, IF THE NOTICE IS PROVIDED
 PRIOR  TO  ACTION BY THE BOARD, IT SHALL REMOVE SUCH PROPOSED RESOLUTION
 OR MOTION FROM CONSIDERATION BY THE BOARD  PENDING  THE  ISSUANCE  OF  A
 DIRECTIVE  BY  THE  MONITOR  OR  MONITORS.  THE MONITOR OR MONITORS MUST
 SUBMIT THE DIRECTIVE TO THE BOARD, SUPERINTENDENT AND  THE  COMMISSIONER
 NO  LATER THAN 10 DAYS FOLLOWING NOTICE OF SUCH OVERRIDE. UPON THE ISSU-
 ANCE OF A DIRECTIVE, THE OVERRIDE OF THE  BOARD'S  ADOPTED  OR  PROPOSED
 RESOLUTION OR MOTION SHALL BE FINAL AND CONCLUSIVE UNLESS THE MONITOR OR
 MONITORS  FAIL  TO  ISSUE  SUCH  DIRECTIVE WITHIN 10 DAYS OR WITHIN SUCH
 PERIOD ESTABLISHED  BY  THE  MONITOR  OR  MONITORS  IF  THE  PERIOD  WAS
 EXTENDED,  WITHDRAWS  SUCH  OVERRIDE,  OR THE COMMISSIONER OVERRULES THE
 MONITOR OR MONITORS' OVERRIDE WITHIN 10 DAYS  OF  THE  ISSUANCE  OF  THE
 DIRECTIVE.  THE MONITOR OR MONITORS MAY EXTEND THE PERIOD TO SUBMIT SUCH
 DIRECTIVE, AT INTERVALS OF 10 ADDITIONAL DAYS FOR EACH EXTENSION, IF THE
 BOARD, SUPERINTENDENT OR SCHOOL DISTRICT EMPLOYEES FAIL TO  PROVIDE  ALL
 RELEVANT INFORMATION REQUESTED BY THE MONITOR OR MONITORS RELATED TO THE
 ADOPTED OR PROPOSED RESOLUTION OR MOTION SUBJECT TO SUCH OVERRIDE WITHIN
 48 HOURS OF SUCH REQUEST.
   (II)  SUBMIT  A  RESOLUTION  FOR ADOPTION BY THE BOARD. THE RESOLUTION
 SHALL BE SUBMITTED TO THE CLERK NO LATER THAN 48 HOURS PRIOR TO THE NEXT
 SCHEDULED BOARD MEETING WHO SHALL CAUSE THE RESOLUTION TO BE  PLACED  ON
 THE  NEXT  BOARD  MEETING  AGENDA  AND A COPY TO BE ISSUED TO THE BOARD,
 SUPERINTENDENT AND COMMISSIONER ACCOMPANIED BY SPECIFIC FINDINGS  AS  TO
 THE NECESSITY OF SUCH RESOLUTION. THE MONITOR OR MONITORS MAY DIRECT THE
 BOARD  TO  MEET AT A DATE PRIOR TO THEIR NEXT SCHEDULED BOARD MEETING TO

 S. 6052--B                          4
 
 TAKE UP SUCH RESOLUTION.   THE MONITOR  OR  MONITORS  MAY  WITHDRAW  THE
 RESOLUTION  PRIOR  TO,  OR  DURING, THE NEXT BOARD MEETING, IF THE BOARD
 TAKES SUFFICIENT ACTION TO RESOLVE THE ISSUES CONTAINED  IN  THE  RESOL-
 UTION.  IF  THE  RESOLUTION  IS  NOT WITHDRAWN, IT SHALL BE DEEMED TO BE
 ADOPTED AT THE NEXT BOARD MEETING THROUGH ITS SUBMISSION AND SHALL  HAVE
 THE FULL FORCE AND EFFECT AS ANY OTHER RESOLUTION ADOPTED BY THE BOARD.
   (III)  THE  MONITOR  OR  MONITORS  SHALL  NOT  OVERRIDE  AN ADOPTED OR
 PROPOSED RESOLUTION OR MOTION OR SUBMIT A RESOLUTION RELATED TO  COLLEC-
 TIVE  BARGAINING  AGREEMENTS NEGOTIATED IN ACCORDANCE WITH ARTICLE 14 OF
 THE CIVIL SERVICE LAW.
   (IV) THE MONITOR OR MONITORS SHALL NOT OVERRIDE AN ADOPTED OR PROPOSED
 RESOLUTION OR MOTION OR SUBMIT A RESOLUTION THAT WOULD DIMINISH MANDATED
 SERVICES TO NON-PUBLIC SCHOOLS IN VIOLATION OF STATE  OR  FEDERAL  LAWS,
 RULES OR REGULATIONS.
   (D)  THE  MONITOR  OR  MONITORS  MAY DIRECT THE BOARD, SUPERINTENDENT,
 AND/OR OTHER SCHOOL DISTRICT OFFICERS TO UNDERGO ANY TRAINING AS  DEEMED
 NECESSARY  AND PURSUANT TO TIMELINES ESTABLISHED BY THE STATE MONITOR OR
 MONITORS.  IN NO EVENT SHALL THE TOTAL NUMBER OF TRAINING HOURS MANDATED
 BY THE MONITOR OR MONITORS EXCEED FIFTEEN HOURS  IN  A  SINGLE  CALENDAR
 YEAR.   HOWEVER, THE MONITOR OR MONITORS MAY RECOMMEND ADDITIONAL TRAIN-
 ING AS DEEMED NECESSARY.
   (E) THE MONITOR OR MONITORS SHALL HAVE THE POWER TO APPROVE OR  DISAP-
 PROVE  THE  APPOINTMENT OF A SUPERINTENDENT BY THE BOARD OF EDUCATION ON
 OR AFTER THE EFFECTIVE DATE OF THIS ACT.   THE BOARD  SHALL  SUBMIT  THE
 RECOMMENDATION  FOR  SUPERINTENDENT  TO  THE  MONITOR  OR  MONITORS  FOR
 APPROVAL. THE MONITOR OR MONITORS SHALL  HAVE  10  DAYS  TO  APPROVE  OR
 DISAPPROVE THE BOARD'S RECOMMENDATION. IF AFTER SUCH PERIOD NO ACTION IS
 TAKEN  BY THE MONITOR OR MONITORS, THE RECOMMENDATION FOR SUPERINTENDENT
 SHALL BE DEEMED APPROVED.  IF THE MONITOR OR MONITORS DISAPPROVES OF THE
 APPOINTMENT, THEN THE BOARD SHALL RECOMMEND  A  NEW  CANDIDATE  FOR  THE
 MONITOR  OR  MONITORS  TO  APPROVE OR DISAPPROVE UNTIL AN APPOINTMENT IS
 APPROVED BY THE MONITOR OR MONITORS. IN THE EVENT THAT A VACANCY  OCCURS
 IN  THE POSITION OF SUPERINTENDENT DUE TO THE DISAPPROVAL OF A RECOMMEN-
 DATION, THE MONITOR OR MONITORS MAY APPOINT A CURRENT SCHOOL EMPLOYEE AS
 INTERIM SUPERINTENDENT UNTIL  A  RECOMMENDATION  FOR  SUPERINTENDENT  IS
 APPROVED.
   §  6. Fiscal and operational oversight by the commissioner. During the
 effective period  of  this  act  the  commissioner  shall  undertake  an
 enhanced review of the district budget.
   (a)  The board of education [in consultation with the monitor or moni-
 tors] shall annually submit the school district's  proposed  budget  for
 the  next  succeeding school year to the [commissioner] MONITOR OR MONI-
 TORS no later than [45 days before the date scheduled for]  MARCH  FIRST
 PRIOR  TO  the  school district's ANNUAL budget vote. The [commissioner]
 MONITOR OR MONITORS shall review the budget to ensure that  it,  to  the
 greatest  extent  possible,  IS  CONSISTENT WITH THE LONG TERM STRATEGIC
 ACADEMIC AND FISCAL IMPROVEMENT PLAN DEVELOPED AND ADOPTED  PURSUANT  TO
 THIS  ACT AND expands educational programming for students including but
 not limited to extracurricular activities, course offerings, non-mandat-
 ed support services, non-mandated art and music  classes,  programs  and
 services  for  English language learners and students with disabilities,
 and maintaining class size. The [commissioner] MONITOR OR MONITORS shall
 also review the proposed budget to ensure that it is balanced within the
 context of revenue and expenditure estimates and mandated programs.  The
 [commissioner]  MONITOR OR MONITORS shall present his or her findings to
 the board of education AND TO THE COMMISSIONER no  later  than  [30]  45

 S. 6052--B                          5
 
 days prior to the date scheduled for the school district's ANNUAL budget
 vote.   The COMMISSIONER SHALL REQUIRE THE board of education [shall] TO
 make adjustments to the proposed budget consistent with any  recommenda-
 tions made by the [commissioner] MONITOR OR MONITORS IF THE COMMISSIONER
 DETERMINES  SUCH  AMENDMENTS  ARE NECESSARY TO COMPLY WITH THE LONG TERM
 STRATEGIC ACADEMIC AND FISCAL  IMPROVEMENT  PLAN  UNDER  THIS  ACT.  The
 school  district  shall  make  available  on the district's website: the
 initial proposed budget, the [commissioner's] MONITOR OR MONITORS' find-
 ings, and the final proposed budget [prior to the  date  of  the  school
 district's  budget  vote]  AT  LEAST SEVEN DAYS PRIOR TO THE DATE OF THE
 SCHOOL DISTRICT'S BUDGET HEARING. IN THE EVENT OF A REVOTE, THE BOARD OF
 EDUCATION, IN CONJUNCTION WITH THE MONITOR OR  MONITORS,  SHALL  DEVELOP
 AND SUBMIT THE SCHOOL DISTRICT'S PROPOSED BUDGET FOR THE NEXT SUCCEEDING
 SCHOOL  YEAR  TO  THE COMMISSIONER NO LATER THAN SEVEN DAYS PRIOR TO THE
 BUDGET HEARING. THE BOARD OF EDUCATION SHALL  PROVIDE  THE  COMMISSIONER
 WITH ANY INFORMATION HE OR SHE REQUESTS IN ORDER TO MAKE A DETERMINATION
 PURSUANT TO THIS SUBDIVISION WITHIN THREE BUSINESS DAYS OF SUCH REQUEST.
   (b) [The monitor or monitors appointed by the commissioner shall quar-
 terly,  and  the  district  shall  annually  provide to the commissioner
 reports on the fiscal and operational status of the school  district  to
 ensure  compliance  with  subdivision  (a) of this section. In addition,
 monitors shall provide an annual report to the  commissioner  and  comp-
 troller on contracts that the district entered into throughout the year.
 All reports shall be subject to review by the comptroller at the request
 of  the  commissioner.]  THE DISTRICT SHALL PROVIDE QUARTERLY REPORTS TO
 THE MONITOR OR MONITORS AND ANNUAL REPORTS TO THE COMMISSIONER AND BOARD
 OF REGENTS ON THE ACADEMIC, FISCAL, AND OPERATIONAL STATUS OF THE SCHOOL
 DISTRICT. IN ADDITION, THE MONITOR OR MONITORS SHALL PROVIDE SEMI-ANNUAL
 REPORTS TO THE COMMISSIONER, BOARD OF REGENTS, THE GOVERNOR, THE  TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE, AND THE SPEAKER OF THE ASSEMBLY ON THE
 ACADEMIC, FISCAL, AND OPERATIONAL STATUS OF THE  SCHOOL  DISTRICT.  SUCH
 SEMI-ANNUAL  REPORT  SHALL  INCLUDE  ALL THE CONTRACTS THAT THE DISTRICT
 ENTERED INTO THROUGHOUT THE YEAR.   ALL  REPORTS  SHALL  BE  SUBJECT  TO
 REVIEW BY THE COMPTROLLER AT THE REQUEST OF THE COMMISSIONER.
   (C)  THE  MONITOR  OR  MONITORS SHALL HAVE THE AUTHORITY TO DISAPPROVE
 TRAVEL OUTSIDE THE STATE PAID FOR BY THE DISTRICT.
   (D) THE MONITOR OR MONITORS SHALL  WORK  WITH  THE  DISTRICT'S  SHARED
 DECISION-MAKING COMMITTEE AS DEFINED IN 8 NYCRR 100.11 IN DEVELOPING AND
 REVISING  THE  LONG TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT PLAN,
 DISTRICT GOALS, IMPLEMENTATION  OF  DISTRICT  PRIORITIES  AND  BUDGETARY
 RECOMMENDATIONS.
   (E) THE MONITOR OR MONITORS SHALL ASSIST IN RESOLVING ANY DISPUTES AND
 CONFLICTS,  INCLUDING  BUT NOT LIMITED TO, THOSE BETWEEN THE SUPERINTEN-
 DENT AND THE BOARD OF EDUCATION AND AMONG THE MEMBERS OF  THE  BOARD  OF
 EDUCATION.
   (F) THE MONITOR OR MONITORS MAY RECOMMEND, AND THE BOARD SHALL CONSID-
 ER  BY  VOTE OF A RESOLUTION AT THE NEXT SCHEDULED MEETING OF THE BOARD,
 COST SAVING MEASURES INCLUDING,  BUT  NOT  LIMITED  TO,  SHARED  SERVICE
 AGREEMENTS.
   (G)  THE MONITOR OR MONITORS SHALL NOT HAVE THE AUTHORITY TO RECOMMEND
 THE BOARD DIMINISH MANDATED SERVICES TO NON-PUBLIC SCHOOLS IN  VIOLATION
 OF STATE OR FEDERAL LAWS, RULES OR REGULATIONS.
   §  7.  To  ensure compliance with the [comprehensive expenditure plan]
 LONG TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT PLAN, in  the  event
 the district plans to reduce budget appropriations for programs restored
 or  created  under  the [comprehensive expenditure plan or the strategic

 S. 6052--B                          6

 academic and fiscal improvement plan] LONG TERM STRATEGIC  ACADEMIC  AND
 FISCAL IMPROVEMENT PLAN as well as the sale of school buildings or other
 real property and capital improvement contracts in excess of one hundred
 thousand  dollars  ($100,000),  the  district shall submit a plan to the
 [commissioner] MONITOR OR MONITORS for approval.
   § 8. THE COMMISSIONER MAY OVERRULE ANY  DECISION  OF  THE  MONITOR  OR
 MONITORS,  EXCEPT  FOR DECISIONS RELATED TO COLLECTIVE BARGAINING AGREE-
 MENTS NEGOTIATED IN ACCORDANCE WITH ARTICLE 14 OF THE CIVIL SERVICE  LAW
 OR DECISIONS THAT WOULD DIMINISH MANDATED SERVICES TO NON-PUBLIC SCHOOLS
 IN  VIOLATION  OF  STATE OR FEDERAL LAWS, RULES OR REGULATIONS, IF HE OR
 SHE DEEMS THAT SUCH DECISION IS NOT ALIGNED WITH THE LONG TERM STRATEGIC
 ACADEMIC AND FISCAL IMPROVEMENT PLAN OR THE SCHOOL DISTRICT'S BUDGET  OR
 IS  CONTRARY TO STATE LAW OR REGULATION. IF THE COMMISSIONER OVERRULES A
 DECISION OF THE MONITOR OR MONITORS, THE  COMMISSIONER  MAY  DIRECT  THE
 BOARD  TO  TAKE  CORRECTIVE  ACTION ON SUCH MATTER IF IT IS NECESSARY TO
 COMPLY WITH STATE LAW, REGULATION OR THE LONG  TERM  STRATEGIC  ACADEMIC
 AND  FISCAL IMPROVEMENT PLAN. IN THE EVENT THERE IS DISAGREEMENT BETWEEN
 THE MONITORS, THE COMMISSIONER MAY RESOLVE SUCH DISAGREEMENTS AND DIRECT
 THE MONITORS TO TAKE ACTION AS A RESULT OF SUCH RESOLUTION.
   § 9. THE MONITOR OR MONITORS MAY NOTIFY THE COMMISSIONER AND THE BOARD
 IN WRITING WHEN HE OR SHE DEEMS THE DISTRICT IS VIOLATING AN ELEMENT  OF
 THE LONG TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT PLAN IN THIS ACT
 OR THE DISTRICT FAILED TO PROVIDE THE MONITOR OR MONITORS WITH REQUESTED
 DOCUMENTS  OR  RECORDS WITHIN THE TIME FRAME PRESCRIBED IN PARAGRAPH (I)
 OF SUBDIVISION ONE OF SECTION FOUR OF THIS ACT. WITHIN TWENTY DAYS,  THE
 COMMISSIONER SHALL DETERMINE WHETHER THE DISTRICT IS IN VIOLATION OF ANY
 OF  THE  ELEMENTS OF THE PLAN HIGHLIGHTED BY THE MONITOR OR MONITORS AND
 SHALL ORDER THE DISTRICT TO COMPLY IMMEDIATELY WITH THE PLAN AND  REMEDY
 ANY  SUCH  VIOLATION.  THE  SCHOOL  DISTRICT  SHALL  SUSPEND ALL ACTIONS
 RELATED TO THE POTENTIAL VIOLATION OF THE LONG TERM  STRATEGIC  ACADEMIC
 AND  FISCAL  IMPROVEMENT  PLAN  UNTIL THE COMMISSIONER ISSUES A DETERMI-
 NATION.   WITHIN SEVEN DAYS, THE COMMISSIONER  SHALL  DETERMINE  IF  THE
 DISTRICT  FAILED  TO  COMPLY  WITH THE DOCUMENT AND RECORD PROVISION SET
 FORTH IN PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION FOUR  OF  THIS  ACT
 AND SHALL ORDER THE DISTRICT TO IMMEDIATELY PROVIDE THE MONITOR OR MONI-
 TORS WITH THE REQUESTED DOCUMENTS OR RECORDS.
   § 10. IN CARRYING OUT THEIR POWERS AND DUTIES, THE MONITOR OR MONITORS
 SHALL,  TO THE GREATEST EXTENT POSSIBLE, ACCOUNT FOR THE UNIQUE NEEDS OF
 ANY RACIAL, ETHNIC, LINGUISTIC, OR RELIGIOUS MINORITY GROUPS WITHIN  THE
 DISTRICT.
   §  11.  (A)  WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE
 BOARD AND  SUPERINTENDENT  SHALL  APPOINT  A  COMMUNITY  ADVISORY  BOARD
 COMPRISED  OF  TEN  PERSONS  WHO EITHER RESIDE IN OR ARE EMPLOYED BY THE
 EAST RAMAPO CENTRAL SCHOOL DISTRICT. THE SUPERINTENDENT AND BOARD  SHALL
 JOINTLY APPOINT MEMBERS TO THE COMMUNITY ADVISORY BOARD.
   (B)  THE  COMMUNITY  ADVISORY  BOARD, TO THE GREATEST EXTENT POSSIBLE,
 SHALL INCLUDE:
   (I) AT LEAST ONE MEMBER WHO RESIDES WITHIN THE  DISTRICT  AND  IS  THE
 PARENT  OF  A STUDENT WITH SPECIAL NEEDS WHOSE EDUCATION IS PROVIDED FOR
 BY THE DISTRICT;
   (II) AT LEAST ONE MEMBER FOR EACH OF THE THREE MOST COMMON NON-ENGLISH
 LANGUAGES SPOKEN BY INDIVIDUALS IN THE DISTRICT BASED ON THE MOST RECENT
 DECENNIAL FEDERAL CENSUS;
   (III) AT LEAST ONE MEMBER WHO IS A MEMBER OF A CIVIC LEAGUE OR  ORGAN-
 IZATION  NOT  ORGANIZED  FOR  PROFIT  BUT  OPERATED  EXCLUSIVELY FOR THE

 S. 6052--B                          7
 
 PROMOTION OF SOCIAL WELFARE WHOSE MISSION INCLUDES  ADVOCATING  FOR  THE
 CIVIL RIGHTS OF RACIAL AND ETHNIC MINORITY GROUPS;
   (IV) AT LEAST ONE MEMBER WHO IS THE PARENT OF A PUBLIC SCHOOL STUDENT;
 AND
   (V)  AT  LEAST  ONE  MEMBER  WHO  IS THE PARENT OF A NON-PUBLIC SCHOOL
 STUDENT.
   (C) EACH APPOINTMENT MADE TO THE COMMUNITY ADVISORY BOARD MAY BE  USED
 TO  SATISFY  MORE  THAN ONE OF THE REQUIREMENTS SPECIFIED IN SUBDIVISION
 (B) OF THIS SECTION.
   (D) THE COMMUNITY ADVISORY BOARD SHALL MEET WITH THE MONITOR OR  MONI-
 TORS AT LEAST FOUR TIMES EACH YEAR AND SHALL PROVIDE A RANGE OF COMMUNI-
 TY  PERSPECTIVES  ON  THE IMPORTANT ISSUES AFFECTING THE PUBLIC AND NON-
 PUBLIC SCHOOLS IN THE DISTRICT.
   (E) THE MEMBERS OF THE  COMMUNITY  ADVISORY  BOARD  SHALL  RECEIVE  NO
 COMPENSATION FOR THEIR SERVICES.
   (F) EACH MEMBER OF THE COMMUNITY ADVISORY BOARD SHALL SERVE FOR A TERM
 OF ONE YEAR. THE SUPERINTENDENT AND BOARD SHALL JOINTLY APPOINT OR REAP-
 POINT  MEMBERS  WHEN  A TERM EXPIRES. THE SUPERINTENDENT AND BOARD SHALL
 HAVE THE POWER TO FILL A VACANCY.
   § 12. NOTHING IN THIS ACT SHALL BE CONSTRUED TO  ABROGATE  THE  DUTIES
 AND  RESPONSIBILITIES  OF THE SCHOOL DISTRICT CONSISTENT WITH APPLICABLE
 STATE LAW AND REGULATIONS.
   § 13. This act shall take effect July 1, 2016 and shall expire and  be
 deemed  repealed  June  30,  [2021, except that paragraph (b) of section
 five of this act and section seven of  this  act  shall  expire  and  be
 deemed repealed June 30, 2021] 2025.
   §  3.  Paragraph  (b)  of  section 5 of chapter 89 of the laws of 2016
 relating to supplementary funding  for  dedicated  programs  for  public
 school  students  in the East Ramapo central school district, as amended
 by section 48 of part YYY of chapter 59 of the laws of 2017, is  amended
 to read as follows:
   (b)  [In order to receive such funds, the school district in consulta-
 tion with] THE BOARD OF EDUCATION AND  the  monitor  or  monitors  shall
 develop a long term strategic academic and fiscal improvement plan with-
 in  6  months  from  the enactment of this act and shall annually revise
 such plan by October first of each year thereafter.  Such plan,  includ-
 ing such annual revisions thereto, shall be submitted to the commission-
 er for approval and shall include a set of goals with appropriate bench-
 marks and measurable objectives and identify strategies to address areas
 where improvements are needed in the district, including but not limited
 to  its financial stability, academic opportunities and outcomes, educa-
 tion of students with disabilities, education of English language  lear-
 ners,  THE  EDUCATIONAL,  SOCIAL  AND EMOTIONAL WELFARE OF PUBLIC SCHOOL
 STUDENTS and shall ensure  compliance  with  all  applicable  state  and
 federal laws and regulations. THE STRATEGIC ACADEMIC AND FISCAL IMPROVE-
 MENT PLAN SHALL, TO THE MAXIMUM EXTENT POSSIBLE, CONSIDER THE DEMOGRAPH-
 IC  MAKEUP  OF  THE  DISTRICT  AND  THE UNIQUE NEEDS OF MINORITY RACIAL,
 ETHNIC,  RELIGIOUS  AND  UNDOCUMENTED  COMMUNITIES  OF  INTEREST.   This
 improvement  plan  shall  also  include a comprehensive expenditure plan
 that will describe how ANY FUNDS APPROPRIATED TO THE DISTRICT  IN  ADDI-
 TION  TO  THOSE APPROPRIATED PURSUANT TO SECTIONS 3602 AND 3602-E OF THE
 EDUCATION LAW INCLUDING BUT NOT LIMITED TO the funds made  available  to
 the  district  pursuant  to this section will be spent in the applicable
 school year.  The comprehensive expenditure plan shall ensure that funds
 supplement, not supplant, expenditures from  local,  state  and  federal
 funds  for services provided to public school students, except that such

 S. 6052--B                          8
 
 funds may be used to continue services funded pursuant to  this  act  in
 prior  years.  [Such  expenditure  plan  shall be developed and annually
 revised in consultation with the monitor or monitors  appointed  by  the
 commissioner.] The board of education [of the East Ramapo central school
 district] AND MONITOR OR MONITORS must annually conduct a public hearing
 on  [the  expenditure  plan]  LONG  TERM  STRATEGIC  ACADEMIC AND FISCAL
 IMPROVEMENT PLAN and shall consider the input of  the  community  before
 adopting  OR  REVISING  such plan. Such [the expenditure plan] LONG TERM
 STRATEGIC ACADEMIC AND  FISCAL  IMPROVEMENT  PLAN  shall  also  be  made
 publicly  available  and shall be annually submitted along with comments
 made by the community to the commissioner for approval once the plan  is
 finalized.    Upon  review  of the [improvement plan and the expenditure
 plan] LONG TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT PLAN, required
 to be submitted pursuant to this subdivision or section  seven  of  this
 act, the commissioner shall approve or deny such plan in writing and, if
 denied,  shall  include the reasons therefor. The [district in consulta-
 tion with the monitors] BOARD OF EDUCATION AND MONITOR OR  MONITORS  may
 resubmit such plan or plans with any needed modifications thereto.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to chapter 89 of the laws of 2016 made by  sections  one,
 two  and  three  of this act shall not affect the repeal of such chapter
 and shall be deemed to be repealed therewith.