S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10407--A
 
                           I N  A S S E M B L Y
 
                               May 23, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
   -- read once and referred to the Committee on Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the education law, in relation to building aid ratios
   for certain school districts; to establish a fiscal control board  for
   the  East  Ramapo  central school district and continue the powers and
   duties of the monitors appointed to the  East  Ramapo  central  school
   district,  and  to provide for accelerated payments to the East Ramapo
   central school district; to repeal 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;  and
   providing for the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 Ramapo central school district, is REPEALED.
   § 2. Definitions. As used in this act:
   1. "commissioner" shall mean commissioner of education;
   2. "department" shall mean the state education department;
   3. "board of education" shall mean the board of education of the  East
 Ramapo central school district;
   4.  "school district" or "district" shall mean the East Ramapo central
 school district; and
   5. "superintendent" shall mean the superintendent of the  East  Ramapo
 central school district.
   §  3.  Establishment  of  a  fiscal  control board. 1. There is hereby
 established a fiscal control board, that is an  independent  entity  for
 the  district.  The  board  shall consist of seven members, of the seven
 members, one such member shall be appointed by the  governor,  one  such
 member  shall  be  appointed  by  the  speaker of the assembly, one such
 member shall be appointed by the temporary president of the senate,  one
 such  member  shall be appointed by the minority leader of the assembly,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15729-04-4
 A. 10407--A                         2
 
 one such member shall be appointed by the minority leader of the senate,
 and two such members shall be monitors appointed to the district by  the
 commissioner  pursuant  to section eight of this act; provided, however,
 that  in  the  event  that  no  such  monitor  or monitors are currently
 appointed, such member or members shall be appointed by the  commission-
 er. Provided further, however, that the president of the board of educa-
 tion  shall  be  a  non-voting  ex-officio  member of the fiscal control
 board. The president of the board of  education  shall  be  entitled  to
 attend  all  meetings  of  the fiscal control board, including executive
 sessions; provided however,  that  the  board  president  shall  not  be
 considered  for  purposes of establishing a quorum of the fiscal control
 board, provided further that the board president  may  be  excused  from
 executive session when proposed, pending or current litigation involving
 the  board  of  education,  and any of its individual members, are being
 discussed.
   2. Members of the fiscal control board shall be appointed, and may  be
 reappointed,  to  various  terms of up to one to four years, so that one
 term expires on June 30 of the first year, beginning June 30, 2025,  and
 so  that  two  terms  expire on June 30 of the second, third, and fourth
 years. Notwithstanding any other  provision  of  law  to  the  contrary,
 appointed  members of the fiscal control board shall serve at the pleas-
 ure of the appointing officer. The commissioner may remove a  member  of
 the  board  for  inefficiency,  neglect of duty, or misconduct in office
 after a public hearing on not less than 10 days' written notice  and  an
 opportunity  to  be  heard  in person or by counsel. Upon removal by the
 commissioner or upon any other vacancy occurring in the  fiscal  control
 board,  such  vacancy  shall be filled by the appointment of a new board
 member by the appointee of such vacant board seat.
   3. Notwithstanding any other provision of law to the contrary,  to  be
 eligible for appointment to the fiscal control board a person shall:
   (a) meet the requirements of section 2102 of the education law, except
 that such appointed positions may be filled by persons who are not qual-
 ified voters or residents of the school district;
   (b) not be employees of the school district;
   (c)  not be disqualified from serving under section 2103 of the educa-
 tion law; and
   (d) to the extent practicable,  have  experience  in  school  district
 finances  and one or more of the following areas: elementary and second-
 ary education, the operation of school districts in New York,  educating
 students with disabilities, and/or educating English language learners.
   4.  The commissioner shall designate a chair and vice-chair from among
 the members. The chair shall preside over all meetings  of  the  members
 and shall have such other duties as the members may prescribe. The vice-
 chair  shall  preside over all meetings of the members in the absence of
 the chair and shall have such other duties as the members may prescribe.
   5. The members of the board  shall  serve  without  salary,  but  each
 member  shall  be  reimbursed  by  the district for actual and necessary
 expenses incurred in the performance of such member's official duties as
 a member of the fiscal control board. Provided, however, that the  moni-
 tors  shall  be  paid  by the district as prescribed in section eight of
 this act.
   6. Four members shall constitute a quorum for the transaction  of  any
 business or the exercise of any power of the fiscal control board.
   7.  The fiscal control board shall have regular meetings at least once
 quarterly. Such meetings may be held in tandem with the board of  educa-
 tion meetings. The meetings of the fiscal control board shall be open to
 A. 10407--A                         3
 
 the  public,  but  such  board  may  hold  executive  sessions, at which
 sessions only the members of such board or the persons invited shall  be
 present.  Such  meetings shall be held in conformity with the provisions
 of  article  7 of the public officers law.  The district shall assist in
 the logistics of holding such board meetings  and  incur  the  costs  in
 conducting  such  meetings  to  the  same extent as meetings held by the
 board of education.
   8. The fiscal control board shall be deemed members of  the  board  of
 education of the district for purposes of defense and indemnification by
 the  school  district  pursuant  to section 3811 of the education law or
 section 18 of the public officers law, if applicable, and shall also  be
 eligible  for  defense  and  indemnification  by  the  state pursuant to
 section 17 of the public officers law, provided that  such  defense  and
 indemnification  by  the  state  shall  supplement  and not supplant the
 protection provided under the education law.
   9. The district shall fully cooperate with the  fiscal  control  board
 including,  but  not limited to, providing the fiscal control board with
 access, within 48 hours of such request from the fiscal  control  board,
 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. The fiscal control
 board may notify the commissioner and board of education in writing when
 the district has  failed  to  provide  the  fiscal  control  board  with
 requested documents or records within such timeframe. Within 7 days, the
 commissioner  shall determine if the district failed to comply and shall
 order the district to immediately provide the fiscal control board  with
 the requested documents or records.
   §  4.  General  powers  and duties of the fiscal control board. 1. The
 fiscal control board shall act in addition to the  board  of  education.
 Provided,  however,  that  the  fiscal  control  board shall have fiscal
 control over the district in accordance with the provisions of this act.
 The fiscal control board shall have all the powers and duties of a board
 of education of a central school district under the  education  law,  as
 such  powers  and  duties  relate  to fiscal policies and decisions. The
 fiscal control board's authority over the fiscal policies and  decisions
 of  the district shall ensure the district maintains or improves current
 educational programs and facilities.  In carrying out their  powers  and
 duties, the fiscal control board shall, to the greatest extent practica-
 ble,  account for the unique needs of any racial, ethnic, linguistic, or
 religious minority groups within the district.
   2. The fiscal control board shall have the following additional powers
 and duties:
   (a) to exercise fiscal control over the district  in  accordance  with
 section six of this act;
   (b)  to  act  as the finance board of the district for purposes of the
 local finance law including, but not limited to, the power to  authorize
 the issuance of bonds and notes;
   (c)  to  establish  fiscal  benchmarks for the district in relation to
 district revenues and expenditures to stabilize  the  district's  fiscal
 condition  by eliminating the district's fiscal deficit and enabling the
 maintenance of a balanced budget while maintaining or improving  current
 educational programs and addressing facility needs;
   (d)  to review and revise all current fiscal policies and practices of
 the district including, but  not  limited  to,  policies  and  practices
 A. 10407--A                         4
 
 related  to  pupil  transportation  services, use of the district's fund
 balance, and incurrence of debt;
   (e)  to  review, authorize, and approve all contracts of the district.
 Prior to entering into any contract, the district shall submit a copy of
 such contract to the fiscal control board, accompanied by an analysis of
 the projected costs of such agreement. Such submission shall be in  such
 form  and shall include such additional information as the control board
 may prescribe. The fiscal control board shall promptly review the  terms
 of such contract and the supporting information and shall disapprove any
 contract  which,  in  its  judgment,  would  have a significant negative
 impact on the fiscal health of the district;
   (f) to conduct, or contract with an entity to conduct forensic  audits
 of  the  district  and  report any in which there is reason to believe a
 violation of a law, abuse or waste has occurred to the  state  inspector
 general. The cost of any such contract shall be paid by the district;
   (g)  to  direct  the  board of education, superintendent, and/or other
 school district staff to undergo any training as  deemed  necessary  and
 pursuant  to  timelines  established  by the fiscal control board. In no
 event shall the total number of training hours  exceed  15  hours  in  a
 single  calendar  year.  Provided, however, the fiscal control board may
 recommend additional training as deemed necessary;
   (h) to obtain independent counsel to serve as counsel  to  the  fiscal
 control board. The cost of such counsel shall be borne by the district;
   (i)  to  utilize district staff to the same extent the board of educa-
 tion utilizes such staff to aid in the performance of their duties;
   (j) to approve or disapprove all fiscal  reports  including,  but  not
 limited  to, treasure's reports, payroll reports, claims audits reports,
 internal and external audit reports, fund transfer reports; and
   (k) to do all things necessary to carry out its purposes and  exercise
 powers expressly given and granted in this act.
   § 5. Board of education meetings. 1. The fiscal control board shall be
 entitled  to  attend  all  meetings of the board of education, including
 executive sessions; provided however,  that  the  fiscal  control  board
 shall  not  be  considered  for purposes of establishing a quorum of the
 board of education, provided further that the fiscal control  board  may
 be  excused  from  executive  session  when proposed, pending or current
 litigation involving the fiscal control board and any of its  individual
 members, or the department, are being discussed.
   2.  (a)  The board of education clerk shall provide the fiscal control
 board with copies of the board of education 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 regu-
 lation and the date to comply with such law or regulation is  within  21
 days  of  the  board  meeting,  the board clerk shall provide the fiscal
 control board with  copies  of  the  proposed  resolution  and  proposed
 contract language at least 7 days prior to such meeting.
   (b)  In the event the fiscal control board is not provided with copies
 of proposed resolutions or motions 72 hours or 7 days prior to  a  board
 meeting,   as  applicable,  the  fiscal  control  board  may,  at  their
 discretion, remove an item including board resolutions or  motions  from
 consideration  by  the  board  at  such meeting. Upon the failure of the
 board clerk to provide proposed resolutions or motions  as  required  by
 this  section,  the  fiscal  control  board shall provide notice of such
 failure to the board of education. An item removed from consideration by
 the fiscal control board may not be reconsidered by the board of  educa-
 A. 10407--A                         5

 tion  for  a  period  of 10 days or the next board of education meeting,
 whichever is later, unless the fiscal control board expressly authorizes
 consideration at an earlier date.
   3.  In  the  event that the fiscal control board finds that an adopted
 resolution or motion, a proposed resolution or motion, or the  board  of
 education's  failure to act: violates state law, rule, or regulation; is
 inconsistent with the terms of the  long  term  strategic  academic  and
 fiscal improvement plan adopted pursuant to section nine of this act; or
 is  fiscal  matter  that is under the jurisdiction of the fiscal control
 board, the fiscal control board may:
   (a) Override adopted or proposed resolutions or motions by  the  board
 of education 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 of education that would address the defi-
 ciency  in  such  adopted  or  proposed resolution or motion. The fiscal
 control board shall provide written notice to the  board  of  education,
 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 of education 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  of
 education  on  such  adopted  resolution  or motion or, if the notice is
 provided prior to action by the board of education, it shall remove such
 proposed resolution or motion from consideration by the board of  educa-
 tion  pending  the  issuance of a directive by the fiscal control board.
 The fiscal control board must submit  the  directive  to  the  board  of
 education,  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 of education's adopted or proposed  resolution  or
 motion  shall  be  final  and conclusive unless the fiscal control board
 fails to issue such directive within  10  days  or  within  such  period
 established  by  the  fiscal  control  board if the period was extended,
 withdraws such  override,  or  the  commissioner  overrules  the  fiscal
 control boards override within 10 days of the issuance of the directive.
 The fiscal control board may extend the period to submit such directive,
 at  intervals  of 10 additional days for each extension, if the board of
 education, superintendent or school district employees fail  to  provide
 all  relevant  information requested by the fiscal control board related
 to the adopted or proposed resolution or motion subject to such override
 within 48 hours of such request.
   (b) Submit a resolution for adoption by the board  of  education.  The
 resolution  shall  be  submitted  to the district clerk no later than 48
 hours prior to the next scheduled board of education meeting  who  shall
 cause the resolution to be placed on the next board meeting agenda and a
 copy  to be issued to the board of education, superintendent and commis-
 sioner 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  resol-
 ution. The fiscal control board may withdraw the resolution prior to, or
 during,  the  next board meeting, if the board of education takes suffi-
 cient action to resolve the issues contained in the resolution.  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 of education.
 A. 10407--A                         6
 
   § 6. Fiscal control. Notwithstanding any other provision of law to the
 contrary,  the  fiscal control board shall have the following powers and
 duties:
   1.  District's  budget and propositions. Notwithstanding sections 2022
 or 2023-a of the education law, or any other law to the contrary, if the
 voters fail to approve the district's proposed budget as  developed  and
 approved pursuant to section ten of this act, including any propositions
 submitted  therewith  involving  the expenditure of money or authorizing
 the levy of a tax, including  propositions  relating  to  reserve  funds
 pursuant  to section 3651 of the education law, the fiscal control board
 is hereby authorized and directed to override the voters of the district
 and deem the budget and/or proposition approved  where  the  passage  of
 such  budget and/or proposition is necessary for the fiscal stability of
 the district or necessary to maintain  or  improve  current  educational
 programs or facilities, as determined by the fiscal control board.
   2.  District  transportation. Notwithstanding subdivision 1 of section
 3635 or subdivision 2 of section 2023 of the education law, or any other
 law to the contrary, the fiscal control board is hereby  authorized  and
 directed  to override voter approval of expanded transportation provided
 to students in the district as prescribed in subdivision  1  of  section
 3635 of the education law where:
   (a)  the  district's  percentage of transportation expenditures out of
 the district's total expenditures is significantly above  the  statewide
 school  district  average  percentage of transportation expenditures, as
 determined by the fiscal control board; or
   (b) the fiscal control board determines that such override  is  neces-
 sary  for  the fiscal stability of the district or necessary to maintain
 or improve current educational programs or facilities, as determined  by
 the fiscal control board.
   3.  School  taxes and school bonds. Notwithstanding section 416 of the
 education law, section 37.00 of the local finance law, or any other  law
 to  the  contrary,  the  fiscal control board may resolve to introduce a
 proposition involving the expenditure of money, or authorizing the  levy
 of  a  tax,  at  any  annual or special district meeting for any purpose
 prescribed in subdivision  1  of  section  416  of  the  education  law.
 Provided,  however,  that  if  the voters of the district do not approve
 such proposition, the fiscal control  board  is  hereby  authorized  and
 directed to override the voters of the district and deem the proposition
 approved  where  the  passage  of  such proposition is necessary for any
 purposes prescribed in subdivision 1 of section 416 of the education law
 including, but not limited to, addressing the facilities  needs  of  the
 district  consistent  with  the  districts  five year capital facilities
 plan, as required pursuant to clause (i) of subparagraph 2 of  paragraph
 b  of  subdivision  6  of section 3602 of the education law, or for such
 other purpose relating to the support and welfare of  the  district,  as
 determined  by  the  fiscal  control board. The fiscal control board may
 convene a special district meeting for the purpose of  considering  such
 proposition if the board of education fails to do so.
   4.  Collective  bargaining  agreements. Notwithstanding any law to the
 contrary, the fiscal control board shall review and  approve  or  disap-
 prove any collective bargaining agreements to be entered into, modified,
 altered,  or  amended by the district on and after the effective date of
 this act. Prior to entering into any such collective  bargaining  agree-
 ment,  the  district  shall  submit a copy of such collective bargaining
 agreement to the fiscal control board, accompanied by an analysis of the
 projected costs of such agreement. Such submission shall be in such form
 A. 10407--A                         7
 
 and shall include such additional  information  as  the  fiscal  control
 board  may prescribe. The fiscal control board shall promptly review the
 terms of such collective bargaining agreement and the supporting  infor-
 mation  and  shall disapprove any collective bargaining agreement which,
 in its judgment, would have a significant negative impact on the  fiscal
 health of the district.
   §  7. Additional authority of commissioner of education. Notwithstand-
 ing any provision of law to the contrary, the  commissioner  shall  have
 the authority during the effectiveness of this act to:
   1. appoint and supervise the superintendent and remove the superinten-
 dent in accordance with the terms and procedures in the superintendent's
 contract,  as  if such removal were by the board of education.  Notwith-
 standing any provision of law to the contrary, the  board  of  education
 shall  not  be  authorized to remove the superintendent appointed by the
 commissioner; and
   2. approve or disapprove appointments of assistant or associate super-
 intendents, school  principals,  and  other  school  administrators  and
 supervisors, including tenure appointments.
   § 8. Appointment of monitor team. 1. 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, up to 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 over-
 sight, guidance and technical assistance related to the educational  and
 fiscal  policies, practices, programs and decisions of the district, the
 board of education and the superintendent.  Provided, however, that  the
 monitors  appointment pursuant to former chapter 89 of the laws of 2016,
 as amended, may continue their appointment under this act.
   2. The reasonable and necessary  expenses  incurred  by  the  monitors
 while  performing  such  monitors  official  duties shall be paid by the
 school district.
   3. The monitors shall provide support and assistance as deemed  neces-
 sary  to  the  additional  members of the fiscal control board appointed
 pursuant to section three of this act in fulfilling their  duties  under
 the provisions of this act.
   4.  The  board  of education, in consultation with the 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:
   (a)  a  definition  of the circumstances that constitute a conflict of
 interest;
   (b) procedures for disclosing a conflict of interest to the board;
   (c) 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 of education from requesting  that  the  person
 with  the  conflict  of  interest  present  information as background or
 answer questions at a board of education meeting prior to the  commence-
 ment of deliberations or voting relating thereto;
   (d)  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
 A. 10407--A                         8
 
   (e) 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.
   §  9. Long term strategic academic and fiscal improvement plan. 1. The
 board of education and the monitors shall continue  to  annually  revise
 the  long  term strategic academic and fiscal improvement plan developed
 pursuant to former section 5 of chapter 89  of  the  laws  of  2016,  as
 amended,  and shall annually revise such plan by September first of each
 year.
   2. Such plan,  including  such  annual  revisions  thereto,  shall  be
 submitted  to the fiscal control board for approval. After approval from
 the fiscal control board, the  plan  shall  then  be  submitted  to  the
 commissioner.
   3.  Such plan shall include a set of goals with appropriate benchmarks
 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, education
 of students with disabilities, education of English  language  learners,
 the  educational, social and emotional welfare of public school students
 and shall ensure compliance with all applicable state and  federal  laws
 and regulations.
   4.  The  strategic  academic and fiscal improvement plan shall, to the
 maximum extent possible, consider the demographic makeup of the district
 and the unique needs of minority racial, ethnic, religious  and  undocu-
 mented communities of interest.
   5. The improvement plan shall also include a comprehensive expenditure
 plan  that  will  describe how any funds appropriated to the district in
 addition to those appropriated pursuant to sections 3602 and  3602-e  of
 the  education  law  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.
   6. The board of education and the monitors  must  annually  conduct  a
 public  hearing  on the long term strategic academic and fiscal improve-
 ment plan and shall consider the input of the community before  adopting
 or  revising  such  plan.  Such  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
 fiscal control board and then the commissioner  for  approval  once  the
 plan  is  finalized. Upon review of the long term strategic academic and
 fiscal improvement plan, the fiscal control board and commissioner shall
 approve or deny such plan in writing and, if denied, shall  include  the
 reasons  therefor. The board of education and monitors may resubmit such
 plan or plans with any needed modifications thereto.
   7. The monitors may notify the commissioner, the fiscal control board,
 and the board of education in writing when they  deem  the  district  is
 violating  an  element  of  the  long term strategic academic and fiscal
 improvement plan. Within  20  days,  the  commissioner  shall  determine
 whether  the district is in violation of any of the elements of the plan
 highlighted by the monitors and shall order the district to comply imme-
 diately with the plan and remedy any such violation. The school district
 shall suspend all actions related to the  potential  violations  of  the
 plan until the commissioner issues a determination.
   §  10. District budget development and approval. 1. The fiscal control
 board shall, in consultation  with  the  board  of  education,  annually
 develop  and  submit  the school district's proposed budget for the next
 A. 10407--A                         9
 
 succeeding school year to the commissioner no  later  than  March  first
 prior to the school district's annual budget vote.
   2. The fiscal control board shall review the budget to ensure that it,
 to the greatest extent possible:
   (a)  is  consistent  with  the long term strategic academic and fiscal
 improvement plan developed and adopted pursuant to this act;
   (b) 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 disabilities,
 and maintaining class size; and
   (c) is balanced within the context of revenue  and  expenditure  esti-
 mates and mandated programs.
   3.  The fiscal control board shall present its findings to the commis-
 sioner no later than 45 days prior to the date scheduled for the  school
 district's  annual  budget vote. The commissioner shall require that the
 fiscal control board make any additional  adjustments  to  the  proposed
 budget  if the commissioner determines such adjustments are necessary to
 ensure that the proposed budget meets the requirements of subdivision  2
 of this section.
   4. The school district shall make available on the district's website:
 the initial proposed budget, the commissioner's adjustments, if any, and
 the  final  proposed  budget,  at  least 7 days prior to the date of the
 school district's budget hearing. The fiscal control board shall provide
 the commissioner with any information the commissioner requests in order
 to make a determination pursuant to this section within 3 business  days
 of such request.
   §  11.  Reporting. The district shall provide quarterly reports to the
 fiscal control board and annual reports to the commissioner and board of
 regents on the academic, fiscal, and operational status  of  the  school
 district. In addition, the fiscal control board shall provide semi-annu-
 al  reports  to  the  commissioner,  board of regents, the governor, the
 temporary president of the senate, the speaker of the assembly, and  the
 state comptroller 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.
   §  12.  Community  advisory  board.  1.  The  community advisory board
 appointed pursuant to former section 11 of chapter 89  of  the  laws  of
 2016,  as  amended,  is  hereby  continued.  Such board shall be jointly
 appointed by the board of education and the superintendent and shall  be
 comprised  of  10  persons  who  either reside in or are employed by the
 district.
   2. The community advisory board,  to  the  greatest  extent  possible,
 shall include:
   (a)  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;
   (b)  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;
   (c) at least one member who is a member of a civic league or organiza-
 tion not organized for profit but operated exclusively for the promotion
 of social welfare whose mission includes advocating for the civil rights
 of racial and ethnic minority groups;
   (d) at least one member who is the parent of a public school  student;
 and
 A. 10407--A                        10
 
   (e)  at  least  one  member  who  is the parent of a non-public school
 student.
   3.  Each  appointment made to the community advisory board may be used
 to satisfy more than one of the requirements specified in subdivision  2
 of this section.
   4.  The  community  advisory  board shall meet with the fiscal control
 board at least four times each year and shall provide a range of  commu-
 nity  perspectives on the important issues affecting the public and non-
 public schools in the district. Such meetings shall be held in conformi-
 ty with the provisions of article 7 of  the  public  officers  law.  The
 district  shall  assist  in  the  logistics of holding such meetings and
 incur the costs in conducting such meetings to the same extent as  meet-
 ings held by the board of education.
   5.  The  members  of  the  community  advisory  board shall receive no
 compensation for their services.
   6. 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.
   § 13. Fiscal control period. The fiscal control period of  the  fiscal
 control  board  shall  begin  as  of  the  effective  date  of this act.
 Provided, however, that the fiscal control board shall  no  longer  have
 fiscal  control as prescribed in this act upon such date that the fiscal
 control board determines that the district has met the fiscal benchmarks
 established by such board and the goals set in the long  term  strategic
 academic  and fiscal improvement plan and has maintained such benchmarks
 and goals for a period of three school years. The fiscal  control  board
 shall  submit  a  report to the governor, the temporary president of the
 senate, the speaker of the assembly, and the commissioner with  documen-
 tation  and  analyses  demonstrating  the  basis for such determination.
 Provided further that if at any time the  district  fails  to  meet  the
 fiscal  benchmarks established by the fiscal control board, or the goals
 set forth in the long term strategic  academic  and  fiscal  improvement
 plan,  as  determined  by  the  fiscal control board, the fiscal control
 board's control period shall be reinstated. Provided further that in  no
 event  shall  the  fiscal control board's control period continue beyond
 the period when all bonds and notes  authorized  to  be  issued  by  the
 fiscal control board expire, or June 30, 2050, whichever is later.
   §  14.  Payment. The East Ramapo central school district shall be paid
 on an accelerated schedule as follows:
   1. (a) Notwithstanding any other provisions of law, for aid payable in
 the school years 2024-2025 through 2053-2054  upon  application  to  the
 commissioner of education submitted not sooner than the second Monday in
 July  of the school year in which such aid is payable and not later than
 the Friday following the third Monday in July  of  the  school  year  in
 which  such  aid is payable, or 10 days after the effective date of this
 act, whichever shall be later, the East Ramapo central  school  district
 shall be eligible to receive an apportionment pursuant to this act in an
 amount equal to the product of $20,000,000 and the quotient of the posi-
 tive difference of thirty minus the number of school years elapsed since
 the 2024-2025 school year divided by thirty.
   (b)  Funds  apportioned pursuant to this subdivision shall be used for
 services and expenses of the East Ramapo  central  school  district  and
 shall  be applied in support of its educational programs and any liabil-
 ity incurred by such central school district in carrying out  its  func-
 tions and responsibilities under the education law.
 A. 10407--A                        11
 
   2.  The  claim  for  an  apportionment  to  be paid to the East Ramapo
 central school district pursuant to subdivision 1 of this section  shall
 be  submitted to the commissioner on a form prescribed for such purpose,
 and shall be payable upon determination by such  commissioner  that  the
 form  has  been submitted as prescribed and that the school district has
 complied with the reporting requirements of this act.  For  each  school
 year  in  which  application  is  made pursuant to subdivision 1 of this
 section, such approved amount shall be payable on or before  July  thir-
 ty-first  of  such  school  year upon the audit and warrant of the state
 comptroller on vouchers certified or approved by the commissioner in the
 manner prescribed by law from moneys appropriated from the general  fund
 for general support for public schools due such school district pursuant
 to section 3609-a of the education law.
   3.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount  paid  to  the  East  Ramapo  central
 school district during the current year pursuant to subdivisions 1 and 2
 of  this  section  shall  first be deducted from payments due during the
 current school year pursuant to subparagraphs 4 and 5 of paragraph a  of
 subdivision  1  of  section 3609-a of the education law in the following
 order: the fixed fall payments payable pursuant  to  subparagraph  4  of
 such paragraph, and any remainder to be deducted from the individualized
 payments due to the district pursuant to paragraph b of such subdivision
 shall  be  deducted  on a chronological basis starting with the earliest
 payment due the district.
   4. Notwithstanding any other provisions of law, the  sum  of  payments
 made  to  the  East  Ramapo central school district during the base year
 pursuant to subdivisions 1 and 2 of this section plus payments  made  to
 such  school district during the current year pursuant to section 3609-a
 of the education law shall be deemed to truly represent all aids paid to
 such school district during the current school  year  pursuant  to  such
 section  for the purposes of computing any adjustments to such aids that
 may occur in a subsequent school year.
   (a) On or before the first day of each month beginning  in  July  2024
 and ending in June 2054, the chief fiscal officer and the superintendent
 of  the  district shall prepare and submit to the board of education and
 monitors, so long as these roles are filled,  a  report  of  the  fiscal
 condition  of the school district, including but not limited to the most
 current available data on fund  balances  on  funds  maintained  by  the
 school  district  and  the district's use of the apportionments provided
 pursuant to subdivisions 1 and 2 of this section.
   (b) Such monthly report shall be in a format prescribed by the commis-
 sioner. The board of education and  monitors  shall  either  reject  and
 return the report to the chief fiscal officer and the superintendent for
 appropriate  revisions  and  resubmittal or shall approve the report and
 submit copies to the commissioner and  the  state  comptroller  of  such
 approved report as submitted or resubmitted.
   (c)  In the 2024-2025 through 2053-2054 school years, the chief fiscal
 officer of the district shall monitor all budgets and for  each  budget,
 shall  prepare  a  quarterly  report of summarized budget data depicting
 overall trends of actual revenues and budget expenditures for the entire
 budget as well as individual  line  items.  Such  report  shall  compare
 revenue  estimates  and  appropriations as set forth in such budget with
 the actual revenues and expenditures made to date. All quarterly reports
 shall be accompanied by a  recommendation  from  the  superintendent  or
 chief fiscal officer to the board of education setting forth any remedi-
 al  actions necessary to resolve any unfavorable budget variance includ-
 A. 10407--A                        12
 
 ing the overestimation of revenue and underestimation of appropriations.
 The chief fiscal officer shall also prepare, as part of such  report,  a
 quarterly  trial  balance  of general ledger accounts in accordance with
 generally  accepted  accounting  principles  as  prescribed by the state
 comptroller. All reports shall be completed within sixty days after  the
 end  of  each quarter and shall be submitted to the chief fiscal officer
 and the board of education, the state division of budget, the office  of
 the  state comptroller, the commissioner, the chair of the assembly ways
 and means committee, and the chair of the senate finance committee.
   § 15. Subparagraph 1 of paragraph e of subdivision 3 of  section  3602
 of  the education law, as added by section 13 of part B of chapter 57 of
 the laws of 2007, is amended to read as follows:
   (1) The actual valuation of such district  shall  be  divided  by  its
 resident  weighted average daily attendance as computed pursuant to this
 section to determine its actual valuation per resident  pupil,  PROVIDED
 HOWEVER  THAT FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
 SCHOOL YEAR AND THEREAFTER,  FOR  ANY  SCHOOL  DISTRICT  WHERE  RESIDENT
 NONPUBLIC SCHOOL DISTRICT ENROLLMENT SHALL EXCEED RESIDENT PUBLIC SCHOOL
 DISTRICT  ENROLLMENT,  THE  ACTUAL VALUATION PER RESIDENT PUPIL SHALL BE
 EQUAL TO ITS ACTUAL VALUATION DIVIDED BY THE SUM  OF  (I)  ITS  RESIDENT
 WEIGHTED  AVERAGE  DAILY  ATTENDANCE  PLUS (II) ONE HALF OF THE RESIDENT
 NONPUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR.
   § 16. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   §  17.  This  act shall take effect on the sixtieth day after it shall
 have become a law; provided however, that the  governor,  the  temporary
 president  of  the  senate,  and  the speaker of the assembly are hereby
 authorized to appoint the members of the  fiscal  control  board  on  or
 before such effective date. Provided, further that this act shall expire
 and  be  deemed  repealed  upon  expiration of the fiscal control period
 pursuant to section fourteen of this act. The governor shall notify  the
 legislative  bill  drafting  commission  upon  expiration  of the fiscal
 control period pursuant to section fourteen of this act  in  order  that
 the  commission  may maintain an accurate and timely effective data base
 of the official text of the laws of the state of New York in furtherance
 of effectuating the provisions of section 44 of the legislative law  and
 section 70-b of the public officers law.