S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4919--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced  by  M.  of A. O'DONNELL, MAGNARELLI, WALKER, HYNDMAN, GLICK,
   McDONOUGH, SIMON, REYES,  LEVENBERG,  JEAN-PIERRE  --  read  once  and
   referred to the Committee on Education -- recommitted to the Committee
   on  Education  in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT establishing a New York State Sound Basic Education Commission to
   study current educational needs and recommend  a  new  foundation  aid
   formula  which  will  provide  all  students in the state a meaningful
   opportunity for a sound basic education in a  cost  efficient  manner;
   and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. Article XI, section 1 of the New York
 state constitution guarantees all students in the state of  New  York  a
 meaningful  opportunity for a sound basic education. The legislature and
 the regents have enacted laws, regulations and standards that set  forth
 the  goals  and  educational practices that are necessary to provide all
 students with a meaningful opportunity  for  a  sound  basic  education.
 Specifically,  in 2007, the legislature adopted a foundation aid formula
 in response to the decision of the Court  of  Appeals  in  CAMPAIGN  FOR
 FISCAL  EQUITY  (CFE) V. STATE OF NEW YORK that was calculated to appro-
 priate sufficient  funding,  on  an  equitable  basis,  to  provide  all
 students  in the state a meaningful opportunity for a sound basic educa-
 tion.
   Because educational needs, standards, and practices and student  demo-
 graphics have changed substantially since 2007, particularly in light of
 the  radical educational disruption caused by the pandemic, the legisla-
 ture finds that it is necessary and appropriate to establish a  standing
 sound  basic  education  commission to analyze current educational needs
 and to recommend to the governor, the legislature and the regents, a new
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08937-05-4
              

 A. 4919--A                          2
 
 foundation aid formula that will provide sufficient funding, distributed
 in an equitable manner, to provide all students in the state a  meaning-
 ful opportunity for a sound basic education, effective for the 2025-2026
 school  year.  Thereafter,  in  order  to assess the workings of the new
 formula and account for changing educational needs, the commission  will
 monitor the implementation of the new foundation aid formula and provide
 recommendations  to the governor, the legislature and the regents, every
 two years thereafter regarding  (a)  revisions  to  the  foundation  aid
 formula  that  may  be  necessary  to  ensure  that every school has the
 resources necessary for providing the  opportunity  for  a  sound  basic
 education  in  a  cost efficient manner; and (b) accountability measures
 needed to ensure that the state's system of education  finance  actually
 provides  a  meaningful  opportunity  for a sound basic education to all
 students.
   § 2.  Establishment of commission. 1. There is  hereby  established  a
 standing New York state sound basic education commission comprised of 15
 members, to be appointed as follows:
   (a) two individuals shall be appointed by the speaker of the assembly,
 at least one of whom shall be a parent of a public school student;
   (b)  two  individuals shall be appointed by the temporary president of
 the senate, at least one of whom shall be a parent of  a  public  school
 student;
   (c) one individual shall be appointed by the senate minority leader;
   (d) one individual shall be appointed by the assembly minority leader;
   (e) two individuals shall be appointed by the board of regents, one of
 whom  shall be a superintendent of a school district in the state of New
 York;
   (f) two individuals shall be appointed by the commissioner  of  educa-
 tion, one of whom shall be a teacher certified in the state of New York;
 and
   (g)  five  individuals shall be appointed by the governor, one of whom
 shall be a member of a school board in a New York state school district;
 one of whom shall be a career and technology representative; one of whom
 shall be a representative of an education advocacy organization; one  of
 whom  shall be a faculty member of a university in the state of New York
 with expertise in educational equity and school finance; and one of whom
 shall be appointed upon the recommendation of the chancellor of the city
 school district of the city of New York.
   2. The appointed members shall serve for staggered  three-year  terms.
 The members of the commission shall include at least two persons who are
 parents  of public school students, in addition to the parents of public
 school students appointed by the speaker of the assembly and the  tempo-
 rary  president  of  the senate, one person with expertise regarding the
 educational needs of students with disabilities, one person with  exper-
 tise  regarding English language learners, and one person with expertise
 about the needs of students living in poverty.
   § 3. Operations of the commission. 1. The commission shall be governed
 by a majority vote, and shall annually elect a member to  serve  as  its
 chairperson.  A  majority of the members of the commission constitutes a
 quorum for the transaction of business. The  commission  shall  meet  at
 times and places specified by the call of the chairperson or of a major-
 ity  of the members of the commission. Members shall not receive compen-
 sation for their services but may receive reimbursement for the  reason-
 able expenses incurred in carrying out their responsibilities as members
 of the commission.
 A. 4919--A                          3
 
   2.  No member of the commission shall be disqualified from holding any
 other public office or public employment, nor  shall  they  forfeit  any
 such  public  office or public employment by reason of their appointment
 pursuant to this section, notwithstanding the provisions of any general,
 special  or  local  law,  regulation, ordinance or city charter. Nothing
 contained in this act shall prohibit a member  of  the  commission  from
 receiving  their  salary  earned by reason of their state employee posi-
 tion.
   3. The commission shall appoint an executive director  and  additional
 staff  personnel  necessary  for the performance of its functions. Their
 salaries and the commission's other expenses shall be paid through annu-
 al appropriations by the  legislature.  The  commissioner  of  education
 shall  furnish  reasonable  staff  and other support as requested by the
 executive director, and the commission and the executive director  shall
 request  and  receive  reasonable  assistance  from  other  state agency
 personnel, as is necessary for the performance of its functions.
   § 4. Development of a new foundation aid formula.  1.  The  commission
 shall analyze current educational needs and determine the actual current
 costs  of  providing  all students in the state a meaningful opportunity
 for a sound basic education and recommend to the governor, the  legisla-
 ture  and  the  regents no later than February 1, 2025, a new foundation
 aid formula that will provide  sufficient  funding,  distributed  in  an
 equitable  manner,  to provide all students in the state the opportunity
 for a sound basic education, effective for the 2025-2026 school year.
   2. In determining the actual cost of providing all students a meaning-
 ful opportunity for a sound basic education and developing the new foun-
 dation aid formula the commission shall consider (a) the recommendations
 of professional judgment panels consisting of  outstanding,  experienced
 teachers,  administrators,  and business officials representative of all
 regions of the state; and (b) comments and input from the general public
 regarding  the  recommendations  of  the  professional  judgment  panels
 received  from  public  engagement  forums  convened  by  the commission
 throughout the state.
   3. The recommendations of the professional judgment  panels  shall  be
 based  on  the  knowledge  and  experience of their members, evidence of
 effective educational practices, state standards, statistical techniques
 to determine expenditures per student to  achieve  specific  performance
 targets  and  compliance  with all programs and services required by the
 state's constitution, laws and regulations.
   4. The commission's report shall, among other  things,  summarize  the
 recommendations  of  the  professional  judgment  panels  and  the input
 received from public engagement forums,  as  well  as  the  professional
 judgment and public engagement processes utilized by the commission.
   5.  At  the end of the 2025 legislative session, the legislature shall
 issue a report informing the public of  (a)  the  extent  to  which  the
 recommendations of the commission have been adopted and implemented, and
 (b)  specific  reasons for modifying and/or rejecting any of the commis-
 sion's substantive recommendations.
   § 5. Monitoring and biennial reports. 1. The  executive  director  and
 staff shall, on an on-going basis, monitor the implementation of the new
 foundation  aid  formula  and  conduct  research  and undertake economic
 analyses to identify and recommend to the commission best practices that
 lead to high student performance and cost-efficient methods  for  imple-
 menting those best practices in the state's public schools.
 A. 4919--A                          4
 
   2. No later than September 1, 2027, and every September of each fourth
 year  thereafter,  the  commission shall issue a report to the governor,
 the legislature, and the regents that:
   (a)    summarizes its reviews of the implementation of the new founda-
 tion aid formula and proposes such revisions to the formula  as  may  be
 necessary  and  appropriate  to  ensure  that every school will have the
 resources necessary to provide its  students  a  meaningful  educational
 opportunity  for  a sound basic education in a cost efficient manner, as
 well as any accountability measures needed to ensure  that  the  state's
 system  of  education finance actually provides a meaningful opportunity
 for a sound basic education to all students; and
   (b) recommends for  incorporation  into  state  laws,  regulations  or
 commissioner's guidelines specific cost-efficient methods for implement-
 ing  best  practices  for  providing  all students the opportunity for a
 sound basic education.
   3. At the end of the legislative session following issuance of each of
 the biennial reports, the legislature shall issue a report informing the
 public of (a) the extent to which the recommendations of the  commission
 have  been adopted and implemented, and (b) specific reasons for modify-
 ing and/or rejecting any of  the  commission's  substantive  recommenda-
 tions.
   §  6. Major formula revisions. Beginning on January 1, 2029, and every
 four years thereafter, the commission shall analyze current  educational
 needs  and  determine the actual current costs of providing all students
 in the state a meaningful opportunity for a sound  basic  education  and
 recommend to the governor, the legislature and the regents no later than
 February  1,  2030,  and  every  four years thereafter, revisions of the
 foundation aid formula that it believes are necessary to  provide suffi-
 cient funding, distributed  in  an  equitable  manner,  to  provide  all
 students  in  the  state  the  opportunity  for a sound basic education,
 effective for the next school year. The commission's analyses,  determi-
 nations and recommendations, and the legislature's end of session report
 shall be in accordance with the provisions of section four of this act.
   §  7.  Appropriation. For the necessary and reasonable expenses of the
 sound basic education commission for the 2023-2024 school  year  through
 the   2024-2025   school  year,  there  is  hereby  appropriated  up  to
 $1,000,000, to be allocated by the commissioner of  education,  pursuant
 to  a budget submitted to the commissioner of education by the executive
 director of the commission, and approved by the commissioner  of  educa-
 tion.
   § 8.  This act shall take effect immediately. If any clause, sentence,
 subdivision,  paragraph,  section or part of this act be adjudged by any
 court of competent jurisdiction to be invalid, such judgment  shall  not
 affect,  impair  or  invalidate  the  remainder  thereof,  but  shall be
 confined in its operation to the clause,  sentence,  subdivision,  para-
 graph,  section  or part thereof directly involved in the controversy in
 which such judgment shall have been rendered.