S T A T E O F N E W Y O R K
________________________________________________________________________
8024
2025-2026 Regular Sessions
I N A S S E M B L Y
April 22, 2025
___________
Introduced by M. of A. O'PHARROW -- read once and referred to the
Committee on Education
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
such monitor, in relation to the appointment of a monitor team; and in
relation to extending the provisions thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 3, 4, 5, 6, 7, 8 and 9 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 such monitor, are amended to read as follows:
§ 3. Appointment of [a] monitor TEAM. [The commissioner shall appoint
one monitor to provide] IN ACCORDANCE WITH THE POWERS AND DUTIES OF THE
BOARD OF REGENTS AND THE COMMISSIONER PURSUANT TO SUBDIVISION 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 oversight,
guidance and technical assistance related to the EDUCATIONAL, GOVERNANCE
AND fiscal policies, practices, programs and decisions of the school
district, the board of education and the superintendent.
1. The monitor OR MONITORS, to the extent practicable, shall have
experience in [school district finances and] one or more of the follow-
ing areas:
(a) SCHOOL DISTRICT FINANCES;
(B) elementary and secondary education;
[(b)] (C) the operation of school districts in New York;
[(c)] (D) educating students with disabilities; and
[(d)] (E) educating English language learners.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11408-02-5
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2. The [monitor] MONITORS shall be [a] non-voting ex-officio [member]
MEMBERS of the board of education. The [monitor] MONITORS shall be [an
individual] INDIVIDUALS who [is] ARE not [a resident, employee] RESI-
DENTS, EMPLOYEES of the school district or [relative] RELATIVES of a
board member of the school district at the time of [his or her] THEIR
appointment.
3. The reasonable and necessary expenses incurred by the monitor OR
MONITORS while performing [his or her] THEIR official duties shall be
paid by the school district. Notwithstanding any other provision of law,
the monitor OR MONITORS shall be entitled to defense and indemnification
by the school district to the same extent as a school district employee.
§ 4. Meetings. 1. The monitor OR MONITORS shall be entitled to attend
all meetings of the board, including executive sessions; provided howev-
er, such monitor OR MONITORS shall not be considered for purposes of
establishing a quorum of the board. The school district shall fully
cooperate with [the] ANY monitor OR MONITORS including, but not limited
to, providing such monitor OR MONITORS with access, WITHIN 48 HOURS OF
SUCH REQUEST FROM THE MONITOR OR MONITORS, to any necessary documents
and records of the district including access to electronic information
systems, databases and planning documents, consistent with all applica-
ble state and federal statutes including, but not limited to, Family
Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232g) and section
2-d of the education law. THE MONITOR OR MONITORS SHALL PROVIDE A COPY
OF SUCH REQUEST FOR ANY DOCUMENT OR RECORD TO THE BOARD.
2. THE BOARD CLERK SHALL PROVIDE THE MONITOR OR MONITORS WITH COPIES
OF THE BOARD AGENDA AND ALL RESOLUTIONS AND MOTIONS ON SUCH AGENDA FOR
EACH BOARD MEETING NO LATER THAN 72 HOURS PRIOR TO SUCH BOARD MEETING.
IF A PROPOSED RESOLUTION OR MOTION IS FOR THE PURPOSE OF APPROVING A
CONTRACT OR TO COMPLY WITH STATE LAW OR REGULATION AND THE DATE TO
COMPLY WITH SUCH LAW OR REGULATION IS WITHIN 21 DAYS OF THE BOARD MEET-
ING, THE BOARD CLERK SHALL PROVIDE THE MONITOR OR MONITORS WITH COPIES
OF THE PROPOSED RESOLUTION AND PROPOSED CONTRACT LANGUAGE AT LEAST 7
DAYS PRIOR TO SUCH MEETING.
3. IN THE EVENT THE MONITOR OR MONITORS ARE NOT PROVIDED WITH COPIES
OF PROPOSED RESOLUTIONS OR MOTIONS 72 HOURS PRIOR TO A BOARD MEETING OR
IN THE CASE OF A PROPOSED RESOLUTION OR MOTION FOR THE PURPOSE OF
APPROVING A CONTRACT OR TO COMPLY WITH STATE LAW OR REGULATION, SEVEN
DAYS PRIOR TO THE NEXT BOARD MEETING, THE MONITOR OR MONITORS MAY, AT
THEIR DISCRETION, REMOVE AN ITEM INCLUDING BOARD RESOLUTIONS OR MOTIONS,
EXCEPT FOR RESOLUTIONS OR MOTIONS RELATED TO COLLECTIVE AGREEMENTS NEGO-
TIATED IN ACCORDANCE WITH ARTICLE 14 OF THE CIVIL SERVICE LAW, FROM
CONSIDERATION BY THE BOARD AT SUCH MEETING. UPON THE FAILURE OF THE
BOARD CLERK TO PROVIDE PROPOSED RESOLUTIONS OR MOTIONS AS REQUIRED BY
SUBDIVISION 2 OF THIS SUBDIVISION AND THIS SUBDIVISION, THE MONITOR OR
MONITORS SHALL PROVIDE NOTICE OF SUCH FAILURE TO THE BOARD. AN ITEM
REMOVED FROM CONSIDERATION BY THE MONITOR OR MONITORS MAY NOT BE RECON-
SIDERED BY THE BOARD FOR A PERIOD OF 10 DAYS OR THE NEXT BOARD MEETING;
WHICHEVER IS LATER UNLESS THE MONITOR OR MONITORS EXPRESSLY AUTHORIZES
CONSIDERATION AT AN EARLIER DATE.
The board, in consultation with the monitor OR MONITORS, shall adopt a
conflict of interest policy that complies with all existing applicable
laws, rules and regulations that ensures its board members and adminis-
tration 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:
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(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 from requesting that the person with the
conflict of interest present information as background or answer ques-
tions at a board meeting prior to the commencement 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
(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.
§ 5. Public hearings. 1. The monitor OR MONITORS shall schedule [two]
THREE public hearings to be held within sixty days of [his or her] THEIR
appointment, which shall allow public comment from the district's resi-
dents, students, employees, parents, board members and administration.
(a) The first hearing shall take public comment on existing statutory
and regulatory authority of the commissioner, the department and the
board of regents regarding school district governance and intervention
under applicable state law and regulations, including but not limited
to, section 306 of the education law.
(b) The second hearing shall take public comment on the fiscal
performance of the district.
(C) THE THIRD HEARING SHALL TAKE PUBLIC COMMENT ON THE ACADEMIC
PERFORMANCE OF THE DISTRICT.
2. The board of education and the monitor OR MONITORS shall consider
these public comments when developing the [financial] LONG TERM STRATE-
GIC ACADEMIC AND FISCAL IMPROVEMENT plan under this act.
§ 6. [Financial] STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan. 1.
[No later than November first, two thousand twenty, the board of educa-
tion and the monitor shall develop a proposed financial plan for the two
thousand twenty--two thousand twenty-one school year and the four subse-
quent school years. The financial plan shall ensure that annual aggre-
gate operating expenses shall not exceed annual aggregate operating
revenues for such school year and that the major operating funds of the
district be balanced in accordance with generally accepted accounting
principles. The financial plan shall include statements of all estimated
revenues, expenditures, and cash flow projections of the district.] NO
LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SIX, THE BOARD OF EDUCATION
WORKING IN COLLABORATION WITH THE MONITOR OR MONITORS SHALL ADOPT A LONG
TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT PLAN FOR THE TWO THOUSAND
TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN AND NEXT FOUR SUCCEEDING SCHOOL
YEARS. BEGINNING WITH THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND TWEN-
TY-EIGHT SCHOOL YEAR BY SEPTEMBER FIRST ANNUALLY THE BOARD SHALL ADOPT
AN UPDATED PLAN. SUCH PLAN, INCLUDING SUCH ANNUAL REVISIONS THERETO,
SHALL BE SUBMITTED TO THE COMMISSIONER FOR APPROVAL AND SHALL INCLUDE A
SET OF GOALS WITH APPROPRIATE BENCHMARKS AND MEASURABLE OBJECTIVES AND
IDENTIFY STRATEGIES TO ADDRESS AREAS WHERE IMPROVEMENTS ARE NEEDED IN
THE DISTRICT, INCLUDING BUT NOT LIMITED TO ITS FINANCIAL STABILITY AND
GOVERNANCE, ACADEMIC OPPORTUNITIES AND OUTCOMES, EDUCATION OF STUDENTS
WITH DISABILITIES, EDUCATION OF ENGLISH LANGUAGE LEARNERS, THE EDUCA-
TIONAL, SOCIAL AND EMOTIONAL WELFARE OF PUBLIC SCHOOL STUDENTS AND SHALL
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ENSURE COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS AND REGU-
LATIONS.
2. [If the board of education and the monitor agree on all the
elements of the proposed financial plan, the board of education shall
conduct a public hearing on the plan and consider the input of the
community. The proposed financial plan shall be made public on the
district's website at least three business days before such public hear-
ing. Once the proposed financial plan has been approved by the board of
education, such plan shall be submitted by the monitor to the commis-
sioner 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 financial plan, the board of education shall
conduct a public hearing on the proposed plan that details the elements
of disagreement between the monitor and the board, including documented
justification for such disagreements and any requested amendments from
the monitor. The proposed financial plan, elements of disagreement, and
requested amendments shall be made public on the district's website at
least three business days before such public hearing. After considering
the input of the community, the board may alter the proposed financial
plan and the monitor may alter his or her requested amendments, and the
monitor shall submit the proposed financial plan, his or her amendments
to the plan, and documentation providing justification for such disa-
greements and amendments to the commissioner no later than December
first, two thousand twenty. By January fifteenth, two thousand twenty-
one, the commissioner shall approve the proposed plan with any of the
monitor's proposed amendments, or make other modifications, he or she
deems appropriate. The board of education shall provide the commissioner
with any information he or she requests to approve such plan within
three business days of such request. Upon the approval of the commis-
sioner, the financial plan shall be deemed approved for purposes of this
act.] SUCH PLAN, INCLUDING SUCH ANNUAL REVISIONS THERETO, SHALL BE
SUBMITTED TO THE COMMISSIONER FOR APPROVAL AND SHALL INCLUDE A SET OF
GOALS WITH APPROPRIATE BENCHMARKS AND MEASURABLE OBJECTIVES AND IDENTIFY
STRATEGIES TO ADDRESS AREAS WHERE IMPROVEMENTS ARE NEEDED IN THE
DISTRICT, INCLUDING BUT NOT LIMITED TO ITS FINANCIAL STABILITY AND
GOVERNANCE, ACADEMIC OPPORTUNITIES AND OUTCOMES, EDUCATION OF STUDENTS
WITH DISABILITIES, EDUCATION OF ENGLISH LANGUAGE LEARNERS, THE EDUCA-
TIONAL, SOCIAL AND EMOTIONAL WELFARE OF PUBLIC SCHOOL STUDENTS AND SHALL
ENSURE COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS AND REGU-
LATIONS.
3. THE BOARD OF EDUCATION AND MONITOR OR MONITORS SHALL ANNUALLY
CONDUCT A PUBLIC HEARING ON THE LONG TERM STRATEGIC ACADEMIC AND FISCAL
IMPROVEMENT 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
COMMISSIONER FOR APPROVAL ONCE THE PLAN IS FINALIZED. UPON REVIEW OF THE
LONG TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT PLAN, REQUIRED TO BE
SUBMITTED PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER SHALL APPROVE
OR DENY SUCH PLAN IN WRITING AND, IF DENIED, SHALL INCLUDE THE REASONS
THEREFOR. THE BOARD OF EDUCATION AND MONITOR OR MONITORS MAY RESUBMIT
SUCH PLAN OR PLANS WITH ANY NEEDED MODIFICATIONS THERETO.
§ 7. Fiscal and operational oversight. DURING THE EFFECTIVE PERIOD OF
THIS ACT THE COMMISSIONER SHALL UNDERTAKE AN ENHANCED REVIEW OF THE
BUDGET. 1. The board of education shall annually submit the school
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district's proposed budget for the next succeeding school year to the
monitor OR MONITORS no later than March first prior to the school
district's annual budget vote. The monitor OR MONITORS shall review the
proposed budget to ensure that it, TO THE GREATEST EXTENT POSSIBLE, is
[balanced within the context of revenue and expenditure estimates and
mandated programs. The monitor shall also review the proposed budget to
ensure that it, to the greatest extent possible, is consistent with the
district financial plan developed and approved pursuant to this act]
CONSISTENT WITH THE LONG TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT
PLAN DEVELOPED AND ADOPTED PURSUANT TO THIS ACT. THE MONITOR OR MONITORS
SHALL ALSO REVIEW THE PROPOSED BUDGET TO ENSURE THAT IT IS BALANCED
WITHIN THE CONTEXT OF REVENUE AND EXPENDITURE ESTIMATES AND MANDATED
PROGRAMS. The monitor OR MONITORS shall present [his or her] THEIR find-
ings to the board of education and the commissioner no later than
forty-five days prior to the date scheduled for the school district's
annual budget vote. The commissioner shall require the board of educa-
tion to make amendments to the proposed budget consistent with any
recommendations made by the monitor OR MONITORS if the commissioner
determines such amendments are necessary to comply with the [financial]
LONG TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan under this act.
The school district shall make available on the district's website: the
initial proposed budget, the monitor OR MONITORS' findings, and the
final proposed budget at least seven days prior to the date of the
school district's budget hearing. In the event of a revote, the board of
education, in conjunction with the monitor OR MONITORS, shall develop
and submit the school district's proposed budget for the next succeeding
school year to the commissioner no later than seven days prior to the
budget hearing. The board of education shall provide the commissioner
with any information [he or she] SUCH COMMISSIONER requests in order to
make a determination pursuant to this subdivision within three business
days of such request.
2. The district shall provide quarterly reports to the monitor OR
MONITORS and annual reports to the commissioner and board of regents on
the ACADEMIC, fiscal and operational status of the school district. In
addition, the monitor OR MONITORS shall provide semi-annual reports to
the commissioner, board of regents, the governor, the temporary presi-
dent of the senate, and the speaker of the assembly on the ACADEMIC,
fiscal and operational status of the school district. Such semi-annual
report shall include all the contracts that the district entered into
throughout the year. ALL REPORTS SHALL BE SUBJECT TO REVIEW BY THE COMP-
TROLLER AT THE REQUEST OF THE COMMISSIONER.
3. The monitor OR MONITORS shall have the authority to disapprove
travel outside the state paid for by the district.
4. The monitor OR MONITORS shall work with the district's shared deci-
sion-making committee as defined in 8 NYCRR Part 100.11 in developing
[the financial plan,] AND REVISING THE LONG-TERM STRATEGIC ACADEMIC AND
FISCAL IMPROVEMENT PLAN, district goals, implementation of district
priorities and budgetary recommendations.
5. The monitor OR MONITORS shall assist in resolving any disputes and
conflicts, including but not limited to, those between the superinten-
dent and the board of education and among the members of the board of
education.
6. The monitor OR MONITORS may recommend, and the board shall consider
by vote of a resolution at the next scheduled meeting of the board, cost
saving measures including, but not limited to, shared service agree-
ments.
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§ 8. The commissioner may overrule any decision of the monitor OR
MONITORS, except for DECISIONS RELATED TO collective bargaining agree-
ments negotiated in accordance with article 14 of the civil service law,
if [he or she] SUCH COMMISSIONER deems that [it] SUCH DECISION is not
aligned with the [financial] LONG TERM STRATEGIC ACADEMIC AND FISCAL
IMPROVEMENT plan or the school district's budget OR IS CONTRARY TO STATE
LAW OR REGULATION. IF THE COMMISSIONER OVERRULES A DECISION OF THE MONI-
TOR OR MONITORS, THE COMMISSIONER MAY DIRECT THE BOARD TO TAKE CORREC-
TIVE ACTION ON SUCH MATTER IF IT IS NECESSARY TO COMPLY WITH STATE LAW,
REGULATION OR THE LONG TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT
PLAN. IN THE EVENT THERE IS A DISAGREEMENT BETWEEN THE MONITORS, THE
COMMISSIONER MAY RESOLVE SUCH DISAGREEMENTS AND DIRECT THE MONITORS TO
TAKE ACTION AS A RESULT OF SUCH RESOLUTION.
§ 9. The monitor OR MONITORS may notify the board and the commissioner
in writing when [he or she deems] THEY DEEM the district is violating an
element of the [financial] LONG TERM STRATEGIC ACADEMIC AND FISCAL
IMPROVEMENT plan [in] OR THE DISTRICT FAILED TO PROVIDE THE MONITOR OR
MONITORS WITH REQUESTED DOCUMENTS OR RECORDS WITHIN THE TIME FRAME
PRESCRIBED IN SUBDIVISION TWO OF SECTION FOUR OF this act. Within twenty
days, the commissioner shall determine whether the district is in
violation of any of the elements of the plan highlighted by the monitor
OR MONITORS and shall order the district to comply immediately with the
plan and remedy any such violation. The school district shall suspend
all actions related to the potential violation of the [financial] LONG
TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan until the commis-
sioner issues a determination. WITHIN SEVEN DAYS, THE COMMISSIONER SHALL
DETERMINE IF THE DISTRICT FAILED TO COMPLY WITH THE DOCUMENT AND RECORD
PROVISION SET FORTH IN SUBDIVISION ONE OF SECTION FOUR OF THIS ACT AND
SHALL ORDER THE DISTRICT TO IMMEDIATELY PROVIDE THE MONITOR OR MONITORS
WITH THE REQUESTED DOCUMENTS OR RECORDS.
§ 2. Section 13 of chapter 18 of the laws of 2020 authorizing the
commissioner of education in consultation with the comptroller to
appoint a monitor to oversee the Wyandanch union free school district
and establishing the powers and duties of such monitor, is amended to
read as follows:
§ 13. This act shall take effect immediately, provided however:
Section one of this act shall take effect on the same date as a chap-
ter of the laws of 2019, authorizing the commissioner of education, in
consultation with the comptroller to appoint a monitor to oversee the
Wyandanch union free school district and establishing the powers and
duties of the monitor, as proposed in legislative bills numbers S.6588-A
and A.8422-A, takes effect.
Sections three through ten of this act shall expire and be deemed
repealed June 30, [2025] 2030.
Section eleven shall expire and be deemed repealed June 30 of the last
fiscal year during which serial bonds or bonds issued to refund such
serial bonds that are outstanding pursuant to such section of this act,
provided that the superintendent of the Wyandanch union free school
district shall notify the legislative bill drafting commission upon such
occurrence 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.
Sections two and twelve of this act shall expire and be deemed
repealed June 30, 2049.
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§ 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 such
monitor, made by section one of this act shall not affect the expiration
of such chapter and shall expire and be deemed repealed therewith.