S T A T E   O F   N E W   Y O R K
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                                  9817--A
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- 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 chapter 18 of the laws of 2020 authorizing the commis-
   sioner of education to appoint a  monitor  to  oversee  the  Wyandanch
   union  free  school district and establishing the powers and duties of
   the monitor, in relation to extending the powers of the monitor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4 of chapter 18 of the laws of 2020 authorizing the
 commissioner  of education to appoint a monitor to oversee the Wyandanch
 union free school district and establishing the powers and duties of the
 monitor, is amended by adding three new subdivisions 3, 4 and 5 to  read
 as follows:
   3.  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:
   (A) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14617-03-4
 A. 9817--A                          2
 
 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.
   (B) 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 THE NEXT SCHED-
 ULED 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 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.
   (C) THE MONITOR OR MONITORS SHALL NOT OVERRIDE AN ADOPTED OR  PROPOSED
 RESOLUTION  OR  MOTION  OR  SUBMIT  A  RESOLUTION  RELATED TO COLLECTIVE
 BARGAINING AGREEMENTS NEGOTIATED IN ACCORDANCE WITH ARTICLE  14  OF  THE
 CIVIL SERVICE LAW.
   4.  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.
   5. 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.
   § 2. Chapter 18 of the laws of 2020 authorizing the commissioner    of
 education  to  appoint  a  monitor  to  oversee the Wyandanch union free
 school district and establishing the powers and duties of  the  monitor,
 is amended by adding a new section 7-a to read as follows:
 A. 9817--A                          3
 
   §  7-A.  ACADEMIC IMPROVEMENT PLAN. 1. NO LATER THAN NOVEMBER 1, 2024,
 THE BOARD OF  EDUCATION  AND  THE  MONITOR  SHALL  DEVELOP  AN  ACADEMIC
 IMPROVEMENT  PLAN FOR THE DISTRICT'S 2024--2025 SCHOOL YEAR AND THE FOUR
 SUBSEQUENT SCHOOL YEARS. THE ACADEMIC IMPROVEMENT PLAN SHALL  CONTAIN  A
 SERIES  OF  PROGRAMMATIC  RECOMMENDATIONS  DESIGNED  TO IMPROVE ACADEMIC
 PERFORMANCE OVER THE PERIOD OF THE PLAN IN THOSE ACADEMIC AREAS THAT THE
 COMMISSIONER DEEMS TO BE IN NEED  OF  IMPROVEMENT  WHICH  SHALL  INCLUDE
 ADDRESSING  THE PROVISIONS CONTAINED IN ANY ACTION PLAN SET FORTH BY THE
 DEPARTMENT.
   2. IF THE BOARD OF EDUCATION AND THE MONITOR AGREE ON ALL THE ELEMENTS
 OF THE PROPOSED ACADEMIC IMPROVEMENT PLAN, THE BOARD OF EDUCATION  SHALL
 CONDUCT  A  PUBLIC  HEARING  ON  THE  PLAN AND CONSIDER THE INPUT OF THE
 COMMUNITY. THE PROPOSED ACADEMIC IMPROVEMENT PLAN SHALL BE  MADE  PUBLIC
 ON  THE  DISTRICT'S  WEBSITE AT LEAST 3 BUSINESS DAYS BEFORE SUCH PUBLIC
 HEARING. ONCE THE PROPOSED ACADEMIC IMPROVEMENT PLAN HAS  BEEN  APPROVED
 BY  THE  BOARD OF EDUCATION, SUCH PLAN SHALL BE SUBMITTED BY THE MONITOR
 TO THE COMMISSIONER FOR APPROVAL AND SHALL BE DEEMED  APPROVED  FOR  THE
 PURPOSES OF THIS ACT.
   3.  IF  THE BOARD OF EDUCATION AND THE MONITOR DO NOT AGREE ON ALL THE
 ELEMENTS OF THE PROPOSED ACADEMIC IMPROVEMENT PLAN, THE BOARD OF  EDUCA-
 TION  SHALL  CONDUCT  A PUBLIC HEARING ON THE PROPOSED PLAN THAT DETAILS
 THE ELEMENTS OF DISAGREEMENT BETWEEN THE MONITOR AND THE BOARD,  INCLUD-
 ING  DOCUMENTED  JUSTIFICATION  FOR SUCH DISAGREEMENTS AND ANY REQUESTED
 AMENDMENTS FROM THE MONITOR. THE  PROPOSED  ACADEMIC  IMPROVEMENT  PLAN,
 ELEMENTS  OF DISAGREEMENT, AND REQUESTED AMENDMENTS SHALL BE MADE PUBLIC
 ON THE DISTRICT'S WEBSITE AT LEAST 3 BUSINESS DAYS  BEFORE  SUCH  PUBLIC
 HEARING.  AFTER  CONSIDERING  THE  INPUT OF THE COMMUNITY, THE BOARD MAY
 ALTER THE PROPOSED ACADEMIC IMPROVEMENT PLAN AND THE MONITOR  MAY  ALTER
 HIS  OR  HER  REQUESTED  AMENDMENTS,  AND  THE  MONITOR SHALL SUBMIT THE
 PROPOSED ACADEMIC IMPROVEMENT PLAN, SUCH  MONITOR'S  AMENDMENTS  TO  THE
 PLAN,  AND  DOCUMENTATION PROVIDING JUSTIFICATION FOR SUCH DISAGREEMENTS
 AND AMENDMENTS TO THE COMMISSIONER NO LATER THAN DECEMBER  1,  2024.  BY
 JANUARY  15, 2025, THE COMMISSIONER SHALL APPROVE THE PROPOSED PLAN WITH
 ANY OF THE MONITOR'S PROPOSED AMENDMENTS, OR MAKE  OTHER  MODIFICATIONS,
 SUCH  COMMISSIONER  DEEMS  APPROPRIATE.  THE  BOARD  OF  EDUCATION SHALL
 PROVIDE THE COMMISSIONER WITH ANY INFORMATION SUCH COMMISSIONER REQUESTS
 TO APPROVE SUCH PLAN WITHIN 3 BUSINESS DAYS OF SUCH  REQUEST.  UPON  THE
 APPROVAL  OF  SUCH  COMMISSIONER, THE ACADEMIC IMPROVEMENT PLAN SHALL BE
 DEEMED APPROVED FOR PURPOSES OF THIS ACT.
   § 3. This act shall take effect immediately; provided,  however,  that
 the amendments to chapter 18 of the laws of 2020 authorizing the commis-
 sioner  of education to appoint a monitor to oversee the Wyandanch union
 free school district and establishing the powers and duties of the moni-
 tor, made by sections one and two of this act shall not affect the expi-
 ration of such chapter and shall expire and be  deemed  repealed  there-
 with.