S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9460
 
                             I N  S E N A T E
 
                               May 30, 2022
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on New York City Education
 
 AN ACT to amend the education law,  in  relation  to  the  contract  for
   excellence  in a city school district in a city having a population of
   one million or more inhabitants
 
   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 educa-
 tion law, as amended by section 1 of part A of chapter 56 of the laws of
 2022, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16015-03-2
 S. 9460                             2
 
 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
 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
 S. 9460                             3
 
 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,  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 twenty-one--two thousand  twenty-two  school  year;
 PROVIDED,  HOWEVER,  THAT,  IN A CITY SCHOOL DISTRICT IN 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, THE
 CONTRACT  FOR  EXCELLENCE SHALL PROVIDE FOR THE EXPENDITURE AS SET FORTH
 IN SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION TWO OF  THIS  SECTION.
 For purposes of this paragraph, the "gap elimination adjustment percent-
 age" shall be calculated as the sum of one minus the quotient of the sum
 of the school district's net gap elimination 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 adjust-
 ment  computed  pursuant to chapter fifty-three of the laws of two thou-
 sand eleven, making appropriations  for  the  local  assistance  budget,
 S. 9460                             4
 
 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 of subdivision 2 of section 211-d
 of the education law, as amended by section 2 of part A of chapter 57 of
 the laws of 2008, is 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.
   § 3. 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, 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)  (A)  In  a city school district in a city having a population of
 one million or more inhabitants such contract shall also include a plan,
 WHICH SHALL BE DEVELOPED IN COLLABORATION WITH THE COLLECTIVE BARGAINING
 UNITS REPRESENTING TEACHERS AND THE PRINCIPALS AND SIGNED OFF ON BY  THE
 CHANCELLOR  AND THE PRESIDENTS OF EACH BARGAINING UNIT, to reduce [aver-
 age] ACTUAL class sizes, [as defined by the  commissioner,  within  five
 years  for the following grade ranges: (A) pre-kindergarten-third grade]
 BEGINNING SEPTEMBER TWO  THOUSAND  TWENTY-TWO  AND  TO  BE  ACHIEVED  BY
 SEPTEMBER  TWO THOUSAND TWENTY-SEVEN FOR ALL CLASSES, WITH THE EXCEPTION
 OF PHYSICAL EDUCATION AND PERFORMING GROUPS, AS FOLLOWS: (1)  KINDERGAR-
 TEN-THIRD  GRADE  TO  HAVE NO MORE THAN TWENTY STUDENTS PER CLASS; [(B)]
 (2) fourth-eighth grade TO HAVE NO MORE THAN TWENTY-THREE  STUDENTS  PER
 CLASS;  and  [(C)]  (3)  high  school  TO  HAVE NO MORE THAN TWENTY-FIVE
 STUDENTS PER CLASS. [Such]  PHYSICAL  EDUCATION  AND  PERFORMING  GROUPS
 SHALL  HAVE  NO  MORE  THAN FORTY STUDENTS PER CLASS AT ALL LEVELS. EACH
 YEAR OF THE PLAN, AN ADDITIONAL TWENTY PERCENT OF THE CLASSROOMS IN  THE
 CITY  SCHOOL  DISTRICT, EXCLUDING SPECIAL EDUCATION CLASSES, SHALL BE IN
 COMPLIANCE WITH THE  CLASS  SIZE  TARGETS  SUCH  THAT  THE  CITY  SCHOOL
 DISTRICT  IS  IN  FULL  COMPLIANCE  BY TWO THOUSAND TWENTY-SEVEN AND ALL
 CLASSES SHOULD MAINTAIN THE TARGET CLASS SIZE. THE CLASS SIZE  REDUCTION
 PLAN  SHALL  PRIORITIZE  SCHOOLS SERVING POPULATIONS WITH HIGHER POVERTY
 LEVELS.
   (B) THE CLASS SIZE REDUCTION plan shall include [class size  reduction
 for  low  performing and overcrowded schools and also] ANY EXEMPTIONS TO
 THE CLASS SIZE TARGETS. THESE EXEMPTIONS SHALL BE LIMITED TO: (1) SPACE;
 (2) OVER-ENROLLED STUDENTS; (3) LICENSE AREA SHORTAGES; AND  (4)  SEVERE
 ECONOMIC DISTRESS. ANY SUCH EXEMPTIONS SHALL BE APPROVED BY THE CHANCEL-
 LOR  AND  THE PRESIDENTS OF THE COLLECTIVE BARGAINING UNITS REPRESENTING
 THE TEACHERS AND THE PRINCIPALS AS PART  OF  THE  CLASS  SIZE  REDUCTION
 PLAN.    SHOULD  THE  CHANCELLOR  AND  THE  PRESIDENTS OF THE COLLECTIVE
 S. 9460                             5
 
 BARGAINING UNITS REPRESENTING THE TEACHERS AND THE PRINCIPALS BE  UNABLE
 TO  REACH AGREEMENT ON THE EXEMPTIONS AFTER THIRTY DAYS, THE ISSUE SHALL
 BE DETERMINED BY AN ARBITRATOR. IN  ADDITION,  ANY  EXEMPTION  BASED  ON
 AVAILABLE  SPACE  SHALL  INCLUDE  A  REFERENCE  TO THE CAPITAL BUDGET TO
 DEMONSTRATE THAT THE BUDGET IS  ALIGNED  WITH  RESOLVING  THE  EXEMPTION
 STATUS.  EXEMPTED  CLASSES,  FOR THE YEARS IN WHICH THEY ARE EXEMPT, AND
 SPECIAL EDUCATION CLASSES SHALL NOT  COUNT  TOWARD  THE  TWENTY  PERCENT
 TARGET.
   (C) THE CLASS SIZE REDUCTION PLAN SHALL ALSO include the methods to be
 used  to  achieve  [such]  THE  class  [sizes] SIZE TARGETS, 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. FOR ELECTIVE AND SPECIALTY CLASSES, THE
 COLLECTIVE BARGAINING UNIT REPRESENTING  TEACHERS  MAY  NEGOTIATE  CLASS
 SIZES HIGHER THAN THE TARGETS IF SUCH INCREASE IS APPROVED BY A MAJORITY
 OF THE STAFF IN THE SCHOOL.
   (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] ACTUAL class sizes pursu-
 ant to subparagraph (ii) of this paragraph. Such report shall [identify]
 BE PUBLICLY RELEASED AND POSTED ON THE CITY SCHOOL  DISTRICT'S  WEBSITE,
 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]  CLASSES  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--two thou-
 sand  seven school year, the actual student enrollment for the two thou-
 sand seven--two thousand eight school year, the actual  student  enroll-
 ment for the two thousand eight--two thousand nine school year,] CURRENT
 SCHOOL  YEAR  and the projected student enrollment for the [two thousand
 nine--two thousand ten] UPCOMING school year for each  school  by  grade
 level;
   (D)  the  actual  [average] class sizes for the [two thousand six--two
 thousand seven school year, the actual average class sizes for  the  two
 thousand seven--two thousand eight school year, the actual average class
 S. 9460                             6

 sizes  for  the  two  thousand  eight--two thousand nine] CURRENT school
 year, and the projected [average] class  sizes  for  the  [two  thousand
 nine--two  thousand  ten]  UPCOMING school year for each school by grade
 level; [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 DISTRICTS TO ACHIEVE THE CLASS SIZE TARGETS;
   (F) HOW THE SCHOOL CAPACITY AND UTILIZATION FORMULA IS ALIGNED TO  THE
 CLASS  SIZE  TARGETS  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]  TARGETS 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 REPORT SHALL BE SUBMITTED TO  THE  COMMIS-
 SIONER  ON  OR BEFORE NOVEMBER FIFTEENTH OF EACH YEAR AND MADE AVAILABLE
 TO THE PUBLIC BY SUCH DATE ON THE CITY SCHOOL 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,
 WHICH SHALL BE DEVELOPED IN COLLABORATION WITH THE COLLECTIVE BARGAINING
 UNITS  REPRESENTING THE TEACHERS AND THE PRINCIPALS AND SIGNED OFF ON BY
 THE CHANCELLOR AND THE PRESIDENT OF EACH COLLECTIVE BARGAINING UNIT. THE
 CITY SCHOOL DISTRICT'S CORRECTIVE ACTION PLAN SHALL ALSO BE MADE  AVAIL-
 ABLE TO THE PUBLIC ON THE CITY SCHOOL DISTRICT'S WEBSITE UPON SUBMISSION
 TO THE DEPARTMENT. THE FINAL CORRECTIVE ACTION PLAN SHALL BE MADE AVAIL-
 ABLE  TO  THE  PUBLIC  UPON APPROVAL BY THE DEPARTMENT. THE 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 TARGETS.
   (IV) PROVIDED THE COMMISSIONER APPROVES AND THE CITY  SCHOOL  DISTRICT
 REMAINS  IN  COMPLIANCE WITH THE CLASS SIZE REDUCTION PLAN, AS SET FORTH
 HEREIN, THE STATE SHALL TAKE SUCH  COMPLIANCE  INTO  CONSIDERATION  WHEN
 DETERMINING INCREASES IN FOUNDATION AID.
   (V)  IN ADDITION TO THE ANNUAL REPORTS, THE CITY SCHOOL DISTRICT SHALL
 SUBMIT A FINANCIAL IMPACT STATEMENT ON NOVEMBER FIFTEENTH, TWO  THOUSAND
 TWENTY-FOUR. THE FINANCIAL IMPACT STATEMENT MAY RECOMMEND A PAUSE OF THE
 CLASS  SIZE REDUCTION PLAN, BUT IN NO EVENT MAY IT RESULT IN A ROLL BACK
 OR INCREASE IN CLASS SIZES.
   § 4. Paragraph d of subdivision 4 of section 211-d  of  the  education
 law, as added by section 12 of part A of chapter 57 of the laws of 2007,
 is 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.] IN A CITY SCHOOL DISTRICT IN A CITY OF ONE MILLION OR  MORE  IN-
 HABITANTS,  THE  PUBLIC  PROCESS  SET FORTH IN PARAGRAPHS A THROUGH C OF
 THIS SUBDIVISION SHALL COMMENCE NO LATER THAN THIRTY DAYS AFTER A  STATE
 BUDGET  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
 S. 9460                             7
 
 SHALL BE POSTED ON THE CITY SCHOOL DISTRICT'S WEBSITE AS WELL AS  TRANS-
 MITTED  VIA EMAIL TO SCHOOL ADMINISTRATORS, PARENT AND TEACHER ORGANIZA-
 TIONS, AND ELECTED OFFICIALS. THE PROPOSED PLAN SHALL BE  SUBMITTED  FOR
 STATE  APPROVAL  WITHIN TWO WEEKS FOLLOWING THE COMPLETION OF THE PUBLIC
 PROCESS. THE PROPOSED PLAN SHALL BE POSTED ON THE CITY SCHOOL DISTRICT'S
 WEBSITE WITHIN TWENTY-FOUR HOURS OF ITS SUBMISSION ALONG WITH A  SUMMARY
 OF  THE  PUBLIC  COMMENTS AND THE CITY SCHOOL 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. 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, is amended to
 read as follows:
   5. A. Each contract for excellence shall be subject to approval by the
 commissioner and his or her certification that the expenditure of  addi-
 tional  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  CITY  SCHOOL  DISTRICT.  THE
 REMAINDER  OF  THE  FUNDS  SHALL BE RELEASED TO THE CITY SCHOOL DISTRICT
 UPON SUBMISSION OF THE NOVEMBER FIFTEENTH REPORT DESCRIBED  IN  SUBDIVI-
 SION  TWO  OF  THIS SECTION, ONLY IF SUCH REPORT DEMONSTRATES SUFFICIENT
 REDUCTION IN CLASS SIZES, AND  THE  REMAINDER  OF  THE  FUNDS  SHALL  BE
 RELEASED  UPON  SUBMISSION BY THE CITY SCHOOL DISTRICT OF THE CORRECTIVE
 ACTION PLAN DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. IN  THE  YEARS
 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.
   § 6. This act shall take effect immediately; provided that the  amend-
 ments  to paragraph e of subdivision 1 of section 211-d of the education
 law made by section one of this act shall take effect on the  same  date
 and  in the same manner as section 1 of part A of chapter 56 of the laws
 of 2022, takes effect.