Public Hearing - February 1, 2024

                                                                       1

 1  BEFORE THE NEW YORK STATE SENATE FINANCE
    AND ASSEMBLY WAYS AND MEANS COMMITTEES
 2  ------------------------------------------------------
            JOINT LEGISLATIVE HEARING
 3             In the Matter of the
          2024-2025 EXECUTIVE BUDGET ON
 4      ELEMENTARY AND SECONDARY EDUCATION
    
 5  ------------------------------------------------------
    
 6                                Hearing Room B 
                                  Legislative Office Building
 7                                Albany, New York 
    
 8                                February 1, 2024
                                  9:34 a.m.
 9  
    
10  PRESIDING:
    
11           Senator Liz Krueger
             Chair, Senate Finance Committee
12  
             Assemblyman Michael Benedetto
13           Chair, Assembly Education Committee
    
14  PRESENT:
    
15           Senator Thomas F. O'Mara
             Senate Finance Committee (RM)
16  
             Assemblyman Edward P. Ra 
17           Assembly Ways & Means Committee (RM)
    
18           Senator Shelley B. Mayer
             Chair, Senate Education Committee 
19  
             Assemblyman Angelo Santabarbara
20           Chair, Assembly Committee on Libraries
               and Education Technology
21  
              Senator Iwen Chu
22            Chair, Senate Committee on Libraries
    
23            Senator John Liu
              Chair, Senate Committee on New York City 
24              Education
    

                                                                   2

 1  2024-2025 Executive Budget
    Elementary & Secondary Education
 2  2-1-24
    
 3  PRESENT:  (Continued)
    
 4            Senator Robert Jackson
    
 5            Assemblyman Steven Otis
    
 6            Assemblywoman Alicia Hyndman
    
 7            Senator James Tedisco
    
 8            Assemblywoman Jo Anne Simon
    
 9            Assemblywoman Mary Beth Walsh
    
10            Senator Jamaal T. Bailey
    
11            Assemblyman Nader J. Sayegh
    
12            Senator Daniel G. Stec
    
13            Assemblywoman Chantel Jackson
    
14            Senator Peter Oberacker
    
15            Assemblywoman Marcela Mitaynes
    
16            Assemblyman Doug Smith
    
17            Senator Cordell Cleare
    
18            Assemblyman William Conrad
    
19            Senator Michelle Hinchey
    
20            Assemblyman Sam Pirozzolo
    
21            Senator Dean Murray
    
22            Assemblyman Manny De Los Santos
    
23            Assemblywoman Dana Levenberg
    
24            Senator Jabari Brisport
    

                                                                   3

 1  2024-2025 Executive Budget
    Elementary & Secondary Education
 2  2-1-24
    
 3  PRESENT:  (Continued)
    
 4            Assemblywoman Kimberly Jean-Pierre
    
 5            Senator George M. Borrello
    
 6            Assemblywoman Stacey Pheffer Amato
    
 7  
    
 8  
    
 9                     LIST OF SPEAKERS
    
10                                        STATEMENT  QUESTIONS
    
11  Betty A. Rosa
    Commissioner
12  NYS Education Department                 15          22
    
13  David C. Banks
    Chancellor
14  NYC Department of Education             182         192
    
15  Melinda Person 
    President
16  New York State United Teachers        
          -and-
17  Michael Mulgrew 
    President 
18  United Federation of Teachers           
         -and-
19  Rosemarie Sinclair
    Executive Vice President 
20  Council of School Supervisors
     and Administrators (CSSA)
21       -and-
    Cynthia E. Gallgher 
22  Director, Government Relations
    School Administrators Association 
23    of New York State (SAANYS)            305         319
    
24  
    

                                                                   4

 1  2024-2025 Executive Budget
    Elementary & Secondary Education
 2  2-1-24
    
 3                LIST OF SPEAKERS, Continued

 4                                        STATEMENT   QUESTIONS
    
 5  Jennifer K. Pyle 
    Executive Director
 6  Conference of Big 5
     School Districts                       
 7       -and-
    Joseph Hochreiter
 8  Superintendent
    Albany City School District
 9       -and-
    Dr. Carmine Peluso
10  Superintendent
    Rochester City School District
11       -and-
    Anthony Q. Davis
12  Superintendent
    Syracuse City School District           
13       -and-
    Dr. Luís Rodríguez
14  Interim Superintendent
    Yonkers City School District            
15       -and-
    James R. Barnes
16  Chief Financial Officer
    Buffalo Public Schools                 376          395
17  

18

19

20

21

22

23

24


                                                                   5

 1  2024-2025 Executive Budget
    Elementary & Secondary Education
 2  2-1-24
    
 3                LIST OF SPEAKERS, Continued

 4                                        STATEMENT   QUESTIONS
    
 5  Timothy M. Kelly
    Superintendent
 6  St. Mary's School for the Deaf
    Cochair
 7  4201 Schools Association                
         -and-
 8  Lindsay Miller
    Executive Director
 9  New York Association on
     Independent Living
10       -and-
    John Lopez
11  President
    New York State Coalition
12   of 853 Schools
         -and-
13  Randi Levine
    Policy Director
14  Advocates for Children
     of New York                           419         434
15  

16

17

18

19

20

21

22

23

24


                                                                   6

 1  2024-2025 Executive Budget
    Elementary & Secondary Education
 2  2-1-24
    
 3                LIST OF SPEAKERS, Continued

 4                                        STATEMENT   QUESTIONS 
    
 5  Robert Lowry
    Deputy Director
 6  New York State Council of 
     School Superintendents                 
 7       -and-
    Brian C. Fessler
 8  Director, Government Relations 
    NYS School Boards Association
 9       -and-
    Dan White
10  District Superintendent
    Monroe 1 BOCES
11       -on behalf of-
    BOCES of New York State
12       -and-
    Brian S. Cechnicki
13  Executive Director
    Association of School Business
14   Business Officials of New York
         -and-
15  Kyle McCauley Belokopitsky, Esq. 
    Executive Director
16  NYS Parent Teacher Association
         -and-
17  David A. Little, Esq. 
    Executive Director
18  Rural Schools Association
      of New York State                     465         484
19  
    
20

21

22

23

24


                                                                   7

 1  2024-2025 Executive Budget
    Elementary & Secondary Education
 2  2-1-24
    
 3                LIST OF SPEAKERS, Continued

 4                                        STATEMENT   QUESTIONS
    
 5  Maxwell Prime
    Director of Government 
 6   Relations & Advocacy
    New York Library Association                  
 7       -and-
    Dr. Amy S. DelCorvo
 8  CEO & Executive Director
    New York State Association for
 9   Computers and Technology in 
     Education
10       -and-
    Thomas Smith 
11  President
    New York School Bus Contractors
12   Association                           
         -and-
13  David Christopher
    Executive Director
14  New York Association for
     Pupil Transportation
15       -and-
    Jessica Pino-Goodspeed
16  Co-Leader
    Healthy School Meals for All
17   New York Kids Coalition
         -and-
18  Patrick Kenneally
    Public Policy and Legislative 
19   Committee Member
    New York School Nutrition 
20   Association                              506        527
    
21

22

23

24


                                                                   8

 1  2024-2025 Executive Budget
    Elementary & Secondary Education
 2  2-1-24
    
 3                LIST OF SPEAKERS, Continued

 4                                        STATEMENT   QUESTIONS
    
 5  Sydney Altfield
    Executive Director
 6  Teach NYS
         -and-
 7  Rabbi Yeruchim Silber
    Director of New York 
 8   Government Relations
    Agudath Israel of America
 9       -and-
    Fatimah Barker
10  Executive Director
    NY Charter Schools Association
11       -and-
    James Merriman
12  CEO
    NYC Charter School Center                554         565
13  
    Marina Marcou-O'Malley
14  Interim Co-Executive Director
    Alliance for Quality Education
15       -and-
    Chelsea Baytemur
16  Director, Policy and Advocacy
    YMCA of Greater New York
17       -on behalf of-
    Emergency Coalition to Save
18   Education Programs
         -and-
19  Trudy Morgan Tetteh
    Policy Director
20  NYS Community Schools Network
         -and-
21  Jeff Smink
    Interim Executive Director
22  The Education Trust-New York
         -and-
23  Beatrice Weber
    Executive Director
24  YAFFED                                   581         597
    

                                                                   9

 1                  ASSEMBLYMAN BENEDETTO:  I'm 

 2           Michael Benedetto, chair of the New York 

 3           State Assembly's Elementary Education and 

 4           Secondary Education Committee, and I'm 

 5           filling in for Ways and Means Chair 

 6           Helene Weinstein, who is not with us here 

 7           today because she's recovering from knee 

 8           surgery.  And she is hoping -- and the rest 

 9           of us are hoping -- that she will be here 

10           next week.

11                  Today we're beginning the seventh in a 

12           series of hearings conducted by the joint 

13           fiscal committees of the Legislature 

14           regarding the Governor's proposed budget for 

15           the fiscal year 2024-2025.  The hearings are 

16           conducted pursuant to the New York State 

17           Constitution and Legislative Law.

18                  Today the Assembly Ways and Means 

19           Committee and the Senate Finance Committee 

20           will hear testimony concerning the Governor's 

21           budget proposal for human services -- but 

22           probably that's a typo, because it should 

23           say -- because I see the commissioner of 

24           Education in front of me -- this is a hearing 


                                                                   10

 1           on education.  Okay?  And somebody probably 

 2           will be fired for that.  

 3                  (Laughter.)

 4                  ASSEMBLYMAN BENEDETTO:  But that's for 

 5           another day.

 6                  I will now introduce the participating 

 7           members from the Assembly, and after that 

 8           Senator Krueger will introduce members from 

 9           the Senate.  In addition, Ranking Ways and 

10           Means Member Ra will introduce members from 

11           his conference.

12                  We are honored to have with us today 

13           Assemblywoman Hyndman, Assemblyman Otis, 

14           Assemblywoman Jackson, Assemblyman Sayegh, 

15           Assemblywoman Jean-Pierre, Assemblyman Angelo 

16           Santabarbara, Assemblywoman Ms. Pheffer 

17           Amato, Assemblyman Mr. Bill Conrad, and 

18           Assemblyman Manny De Los Santos.

19                  Thank you, gentlemen.  

20                  Mr. Ra?

21                  ASSEMBLYMAN RA:  Thank you.  

22                  Good morning.  We are currently joined 

23           by Assemblyman Doug Smith, our ranking member 

24           on the Education Committee, as well as 


                                                                   11

 1           Assemblyman Pirozzolo.

 2                  CHAIRWOMAN KRUEGER:  Good morning, 

 3           everyone.  Nice to see everybody.  Doesn't 

 4           this man have a fabulous voice?  I'm going to 

 5           enjoy his booming voice all day.  

 6                  We are joined, the Senate Democrats, 

 7           with Education Chair Shelley Mayer, City 

 8           Education Chair John Liu, Senator Cordell 

 9           Cleare, Libraries Chair Senator Chu, Senator 

10           Brisport, Senator Hinchey.  And I'm going to 

11           ask my ranker -- and Senator Robert Jackson.  

12           So sorry.  Thank you.  

13                  And I'm going to ask my ranker, 

14           Tom O'Mara, to introduce his members.  

15                  SENATOR O'MARA:  Thank you, 

16           Chairwoman Krueger.  

17                  Good morning, everyone.  Joining us 

18           today on our side is Education Ranking Member 

19           Jim Tedisco, Senators Pete Oberacker and 

20           Dean Murray.

21                  ASSEMBLYMAN BENEDETTO:  I want to also 

22           mention that we also been joined by 

23           Assemblywoman Mitaynes.  Again, we are 

24           honored.


                                                                   12

 1                  Okay, time limits, very important.  

 2           Governmental witnesses will be allowed 

 3           10 minutes to testify.  Nongovernmental 

 4           witnesses will be allowed three minutes to 

 5           testify.  

 6                  Questions and answers.  The chairs of 

 7           the committees relevant to each governmental 

 8           witness will get 10 minutes, and a second 

 9           round of three minutes if desired.  Ranking 

10           members of these committees will get 

11           five minutes each.  

12                  Now, all other members of the relevant 

13           committees will get three minutes each.  

14                  To all witnesses, all the written 

15           testimony has been submitted already to the 

16           legislators in advance, so we ask that all 

17           witnesses please do not read your written 

18           testimony.  Instead, try to summarize.

19                  To all legislators, please let myself 

20           or Senator Krueger know if you wish to 

21           question each witness -- not all of you have 

22           to do that.  Or, if there's a panel, if you 

23           want to question those people.

24                  After the opening remarks of each 


                                                                   13

 1           witness or panel of witnesses, if they have 

 2           been conducted, the list will be closed.  

 3           Okay?  That's important.  

 4                  Everyone, witnesses and legislators, 

 5           should locate the time clock and keep an eye 

 6           on it.  Please note that when the clock is 

 7           down to zero, you're going to be alerted that 

 8           your time is up.  Please be considerate, 

 9           respectful.  Respect the clock so that 

10           everyone has a chance to be heard.

11                  Please note that these time frames for 

12           questioning include both questions and 

13           answers.  So members are respectfully 

14           requested not to commence a new question with 

15           insufficient time on the clock to permit a 

16           proper answer.  Due to the length of these 

17           hearings we have no alternative but to 

18           strictly enforce the limits.  I guess I'm 

19           back to being a teacher again today.

20                  I should add that if any witnesses for 

21           later on in the day, if you haven't checked 

22           in, okay, that we know you're here.  Please 

23           check in at the top of the stairs.

24                  I will now call our first witness.  


                                                                   14

 1           We're honored to have the commissioner of the 

 2           New York State Education Department, 

 3           Ms. Betty A. Rosa.

 4                  CHAIRWOMAN KRUEGER:  And just before 

 5           you do -- I'm so sorry.  

 6                  ASSEMBLYMAN BENEDETTO:  By all means.

 7                  CHAIRWOMAN KRUEGER:  Just for those of 

 8           you who haven't been in this room since we 

 9           redid everything, you have to press the 

10           button on your microphone very hard before it 

11           goes from red to green, or vice versa.  Same 

12           things for legislators where this might be 

13           your first hearing.  This is a little 

14           exercise assignment.  Practice it, if you 

15           can.  

16                  I also want to introduce 

17           Senator Bailey, who's joined us.  Thank you.

18                  ASSEMBLYMAN BENEDETTO:  And I want to 

19           introduce Assemblywoman Levenberg, who has 

20           joined us.

21                  Madam Commissioner.

22                  (Mic issues; off the record.)

23                  NYSED COMMISSIONER ROSA:  We're on, 

24           okay.  I just heard "Don't touch it."


                                                                   15

 1                  (Laughter.)

 2                  NYSED COMMISSIONER ROSA:  So good 

 3           morning.  Good morning, Chairs Krueger, 

 4           Weinstein, Mayer, Liu, Benedetto, and members 

 5           of the Senate and Assembly here today.  I'm 

 6           Dr. Betty A. Rosa, the commissioner of 

 7           Education, and I'm joined by Executive Deputy 

 8           Commissioner Sharon Cates-Williams, Senior 

 9           Deputy Commissioner Dr. Jeffrey Matteson, 

10           Chief Financial Officer Dr. Christina 

11           Coughlin, and P-12 Deputy Commissioner 

12           Angelique Johnson-Dingle.  

13                  Before I begin, I want to recognize 

14           our chancellor, Chancellor Young, and our 

15           Board of Regents who are watching today.  

16                  The department's budget request was 

17           built on three key principles:  Fostering 

18           lifelong learning, academic success, and 

19           improved outcomes for all students; advancing 

20           equity, excellence, diversity, inclusion and 

21           access to all; and above everything, we need 

22           to strengthen our state's capacity to serve 

23           the public.

24                  First we want to thank the Governor 


                                                                   16

 1           for including several important Regents and 

 2           SED budget and policy priorities in the 

 3           Executive Budget proposal, which included 

 4           funding critical staffing in terms of IT data 

 5           systems, literacy, health and the 

 6           zero-emissions bus initiative.  Fully funding 

 7           expense-based aid.  Providing additional time 

 8           for our 1.4 million to develop a new special 

 9           education tuition reimbursement methodology.  

10           Consolidating pre-K funding streams and 

11           addressing longstanding "supplement, not 

12           supplant" statutory language.  Providing 

13           $3 million in funding for the New York Online 

14           Virtual Electronic Library, NOVELny.  

15           Finally, an increase of $235,000, for a total 

16           of 1 million, to better serve the visually 

17           impaired, who utilize the Talking Books and 

18           Braille Library.  

19                  Regrettably, there are areas not 

20           addressed in the Executive Budget proposal 

21           that we ask the Legislature to consider and 

22           address.  And some of these issues we suggest 

23           may not be budgetary, but they do need some 

24           additional work and a thoughtful process.


                                                                   17

 1                  The Executive Budget proposes three 

 2           changes to Foundation Aid:  Replacing the 

 3           single-year inflation value with a multiyear 

 4           average, reducing the year-to-year growth in 

 5           Foundation Aid by 331.4 million.  

 6                  A save-harmless funding cut by 

 7           167.9 million, which impacts on 

 8           337 districts -- prorated based on district 

 9           wealth, but primarily within rural districts, 

10           although we know there are more impacts 

11           beyond rural districts.  

12                  Increasing the maximum state sharing 

13           ratio from 90 percent to 91, to support the 

14           highest-needs districts, which partially 

15           offsets the changes.  This abrupt change, 

16           with no accompanying regionalization language 

17           or time for planning and implementation we 

18           know will significantly impact rural 

19           districts, limiting opportunities for their 

20           students, and I say our students.

21                  The department suggests working with 

22           stakeholders on a multiyear what we call 

23           "soft landing" to save-harmless funding which 

24           will balance and stabilize the educational 


                                                                   18

 1           opportunities for our rural students.  

 2                  Also, please consider the Regents' 

 3           suggestions for updating Foundation Aid and 

 4           our $1 million proposal to do a study to 

 5           review the formula once and for all and 

 6           identify what we consider long-lasting 

 7           changes.

 8                  Two critical issues I just want to 

 9           mention very quickly as to staffing.  We are 

10           unfunded for our Charter School Office since 

11           that office has been funded through our 

12           federal dollars.  And we are -- this is it 

13           for us in terms of not having support and 

14           additional funds for staff to address many of 

15           the issues when it comes to charters as well 

16           as legal issues.

17                  The other staffing need is tied to the 

18           American Rescue Plan Act.  We need to 

19           continue the oversight, because all of us 

20           know that on December 30, 2024, we hit the 

21           financial cliff.  We need to work to continue 

22           through the liquidatation period for schools 

23           and districts utilizing their funding.  And 

24           that is something that we need to continue to 


                                                                   19

 1           ask for support.

 2                  So let me shift to a major policy 

 3           issue that was not in the Executive Budget 

 4           proposal.  Last July, most of you know, our 

 5           Office of Counsel released an opinion 

 6           interpreting the Second Circuit Court of 

 7           Appeals decision pertaining to the 

 8           responsibility of public schools to provide 

 9           special education to students over the age of 

10           21.  This is something that we -- under IDEA, 

11           we have been working on.  But we also know 

12           that there's a financial attachment to this.  

13                  The decision requires public schools 

14           in New York to provide special education and 

15           related services to resident students, the 

16           students with disabilities, until the age of 

17           22.  And our commitment is the age of 22 to 

18           the end of the school year.

19                  The opinion recommends that school 

20           districts provide services to the end of the 

21           school year.  Currently, the statute must be 

22           amended to recognize this required change.  

23           There will be a cost to the state, including 

24           increased reimbursements for Public Excess 


                                                                   20

 1           Cost Aid, Private Excess Cost Aid, and 

 2           Foundation Aid.

 3                  Now I want to talk about the fact that 

 4           school districts, particularly in New York 

 5           City, have enrollment fluxes driven in part 

 6           by newly arrived immigrants.  The newcomers 

 7           often arrive unexpectedly or midyear, well 

 8           after district budgets are established.  

 9           Districts are expected to educate all 

10           school-age children within their boundaries, 

11           with no delay.  The current funding formula 

12           does not support the costs of implementing 

13           this expectation.  Waiting for state or 

14           federal reimbursement until the following 

15           school year is really a challenge.

16                  The Regents and the department propose 

17           current year aid for these students with a 

18           formula at the Foundation Aid per-pupil 

19           level.  

20                  In addition, we must address another 

21           issue which is really challenging, and that 

22           is the fact that the federal government 

23           requires us -- under English language 

24           learners, we have the NYSESLAT, which is an 


                                                                   21

 1           instrument that does not -- was not developed 

 2           to really look at the students with cognitive 

 3           disabilities.  We are out of compliance, and 

 4           we must come up with a new design to measure 

 5           the ELL students with severe cognitive 

 6           disabilities.  

 7                  Therefore, a new assessment is needed 

 8           to fulfill federal requirements.  Failure to 

 9           do so will create penalties that include the 

10           loss of federal education funds.

11                  And finally, I do have to say another 

12           issue that we're struggling with is our 

13           museum, the State museum.  Operational 

14           funding for the State Museum is essential and 

15           we must -- and we have been asking for either 

16           a reliable base General Fund appropriation of 

17           17 million, or a $10 fee increase, which is 

18           essential for the survival of the museum.

19                  In conclusion, in summary, our 

20           proposals are true to the voice of our 

21           countless students, educators, parents, 

22           stakeholders.  I look forward to your 

23           questions today and working with all of you 

24           on behalf of our children in this amazing 


                                                                   22

 1           state.

 2                  Thank you.

 3                  ASSEMBLYMAN BENEDETTO:  I know we have 

 4           another minute left.  We're going to give you 

 5           bonus points.

 6                  (Laughter.)

 7                  NYSED COMMISSIONER ROSA:  Thank you.  

 8                  ASSEMBLYMAN BENEDETTO:  I've been told 

 9           that we have been joined by Assemblywoman -- 

10           Assemblywoman Simon has joined us.  

11                  And I neglected to mention that 

12           Assemblyman Santabarbara, who's sitting with 

13           us, is the newly appointed chair of the 

14           Assembly Committee on Libraries.  So forgive 

15           me for that.

16                  CHAIRWOMAN KRUEGER:  Since we're doing 

17           announcements, I also accidentally didn't 

18           introduce Senator Brisport and Senator 

19           Hinchey, who are just below me.

20                  Thank you.

21                  ASSEMBLYMAN BENEDETTO:  Commissioner, 

22           again, welcome.

23                  NYSED COMMISSIONER ROSA:  Thank you.

24                  ASSEMBLYMAN BENEDETTO:  Listen, I know 


                                                                   23

 1           I have been, and many of my members feel the 

 2           same way -- our special ed schools, the 4201 

 3           schools and like schools, okay, have been 

 4           notoriously, as you well know, underfunded 

 5           for years, and yet they take care of the most 

 6           needy children that we have in our state.  

 7                  For a long time we've been hoping that 

 8           a new formula is shared to be able to fund 

 9           them adequately.  And I think we put money in 

10           the budget so that could happen.  Okay?  We 

11           did that last year, I believe.  But still, 

12           nothing has happened yet.  Can you please 

13           update us on that and where we're going and 

14           possibly when can we see some results.

15                  NYSED COMMISSIONER ROSA:  Sure.  

16                  So I'm going to answer this from 

17           somebody, as you know, with a strong 

18           special ed background.  I ran St. Agatha's 

19           residential program.  So I know the 

20           importance of this issue with creating a 

21           rate-setting methodology.  And we have been 

22           -- we actually put out our RFP.  We've been 

23           working on this, I think you know, for years, 

24           trying to get the 1.4 million.  And in the 


                                                                   24

 1           process we have been engaging in 

 2           communication on ways that we can also 

 3           support our programs while we do the study, 

 4           while we get what I would call a vendor that 

 5           really, truly, deeply understands this issue.  

 6                  Unfortunately, that was not the case.  

 7           And I'm going to ask Christina, because she 

 8           was at the helm of this issue of trying to 

 9           find the perfect solution.  Christina?  

10                  NYSED CFO COUGHLIN:  Thank you, 

11           Commissioner.  

12                  I'd like to add a personal note that 

13           I'm the parent of a child who was served in 

14           one of these special education schools, so I 

15           feel this very personally.  

16                  Last year when we saw the funding in 

17           the Executive Budget we moved immediately, so 

18           that almost immediately upon enactment we 

19           could put out an RFP.  Unfortunately, we 

20           didn't receive bids from appropriate vendors.  

21                  So we really felt like to do the job 

22           well -- and we know this is so important -- 

23           we needed to go back out and do that again.  

24           We were grateful that the Governor's provided 


                                                                   25

 1           the funding and the time that we need to do 

 2           that.

 3                  At the same time we were working on 

 4           that contract and financial piece, we did go 

 5           through a fairly significant stakeholder 

 6           engagement process.  So that we spoke with 

 7           parents, we spoke with school leaders of both 

 8           the public and private schools, we spoke with 

 9           students who were served, in order that when 

10           we do select that vendor, we'll be able to 

11           move ahead and we'll be very well informed 

12           with what we want to achieve with that work.

13                  So we haven't stopped, but this extra 

14           funding we hope will help us attract the 

15           right folks to do the good work that we want 

16           to do.  Thank you.

17                  ASSEMBLYMAN BENEDETTO:  Thank you.  

18                  Commissioner, I've been accused 

19           sometimes of saying I'm protecting the SED 

20           because of holding up curriculum bills in my 

21           committee.  Okay?  Many of us have curriculum 

22           bills that we want to see taught, okay?  Can 

23           you tell me, from your perspective, what's 

24           the challenge there?  What's the problem with 


                                                                   26

 1           that?

 2                  NYSED COMMISSIONER ROSA:  Sure.  I 

 3           would start by saying that as a state we have 

 4           local control.  And we honor and respect the 

 5           local control of our communities -- our 

 6           superintendents, our school boards, our 

 7           parents within the community.  There's a 

 8           process that's used in almost every single 

 9           community to engage in making the kinds of 

10           decisions that local districts make about 

11           curricula.

12                  The other part of it -- and to your 

13           point of being accused, I think there's also 

14           a lot of misinformation -- for example, I'm 

15           going to use a very concrete example, the 

16           science of reading.  There is no curricula or 

17           curriculum that is the science of reading, 

18           yet we talk about this.  What we have a need 

19           to do is to take stock and look at the 

20           programs and the curricula that districts are 

21           using.  And we're developing a tool that 

22           creates an inventory, strength.  If you're 

23           using a program, a curricula that is weak in 

24           phonics or it's weak in phonemic awareness or 


                                                                   27

 1           it's weak in being culturally responsive, 

 2           right, to the community, these are -- the 

 3           inventory is going to help the district take 

 4           stock.  

 5                  We provide support.  We have the 

 6           standards.  Our focus has always been 

 7           updating, which we always ask for funding for 

 8           updating.  We haven't updated some of the 

 9           standards for a long time because of lack of 

10           funding.  But our work is around setting the 

11           standards work and then having the district 

12           take the standards and do a lot of local 

13           work.  A lot of districts have core 

14           professional -- professional, you know, 

15           working groups that really work at aligning 

16           the standards work with the kinds of 

17           programs, with the kinds of curricula that 

18           meet the needs of their students.  

19                  In some cases it meets the needs of 

20           the students -- English language learners, 

21           students with disabilities, a crossover, 

22           students that are English language learners 

23           with disabilities, and on and on and on.

24                  This is a local decision.  And we have 


                                                                   28

 1           advocated for the kinds of work we've been 

 2           doing in terms of statewide support.  We just 

 3           did that January 10th where we had a 

 4           statewide -- over 2,000 individuals 

 5           participated in terms of literacy and the 

 6           science of reading across our state.

 7                  We're here to support the local 

 8           decisions that are made in terms of 

 9           curriculum and -- you know, decisions that 

10           communities make.

11                  Now we're also here to ensure that our 

12           districts do take inventory, that they do 

13           look at what they're providing in terms of 

14           their program.  That we do, but we do not 

15           mandate curricula.

16                  ASSEMBLYMAN BENEDETTO:  Just to follow 

17           up on that, I gave you a curriculum that came 

18           into my hands, some 40 years old, I believe, 

19           on the Holocaust.  Okay?  A really thick, 

20           well-prepared thing.  And what's the status 

21           with that now?  I know we were hoping to have 

22           that put online to be a resource for the 

23           state.

24                  NYSED COMMISSIONER ROSA:  So thank you 


                                                                   29

 1           for that.  That was done in 1985, to be 

 2           exact.  And there were -- these were guides 

 3           that were distributed -- once upon a time our 

 4           department was engaged in this process.  We 

 5           provided resources and guides, and we 

 6           continue to do that even with the limited 

 7           number of individuals we have.

 8                  We did take a look at that.  We found 

 9           that there was amazing components to it.  But 

10           certainly it was outdated, since it was done 

11           in 1985.  Our ask is to get support to update 

12           it and to turn it into a resource for our 

13           communities to use, to make sure that it's an 

14           additional resource in terms of our standards 

15           work.  Because remember, the issue of the 

16           Holocaust is embedded, from kindergarten all 

17           the way through, in our standards.  We are 

18           absolutely committed to the kinds of 

19           resources that we make available to our 

20           schools, just like our survey.  

21                  Our survey on the Holocaust produced 

22           many amazing lessons, many amazing projects 

23           that students are doing, many amazing 

24           resources that we hope to create a repository 


                                                                   30

 1           where these resources can be shared.  

 2                  ASSEMBLYMAN BENEDETTO:  And resources 

 3           that you will need to maybe update an 

 4           estimation of what you would need moneywise?

 5                  NYSED COMMISSIONER ROSA:  Well, 

 6           obviously in this -- in this what we call 

 7           tight budgetary -- as defined in this current 

 8           budget, I would say I can follow up with you, 

 9           but I would start at a half a million.

10                  ASSEMBLYMAN BENEDETTO:  Sure.

11                  Lastly, Assemblywoman Buttenschon 

12           couldn't be here today, but she wanted to ask 

13           you what you see as the most significant 

14           educational challenge ahead of you and what 

15           do you see as a possible solution to it.

16                  NYSED COMMISSIONER ROSA:  Wow.  

17                  (Laughter.)

18                  NYSED COMMISSIONER ROSA:  In 

19           40 seconds?  I would say in probably making 

20           sure that we have -- that we create the 

21           investments that -- up-front that we need to 

22           create for our students to be successful.  

23           Because if we don't pay for those investments 

24           up-front, we're going to pay at the other 


                                                                   31

 1           side of the ledger.  

 2                  So I would say let's think about -- 

 3           let's stop throwing out numbers that we put 

 4           all this money into.  We have many, many 

 5           challenges.  Let's truly make a commitment, a 

 6           joint commitment to invest in all of our 

 7           children and their needs.

 8                  ASSEMBLYMAN BENEDETTO:  Thank you, 

 9           Commissioner.

10                  Senator Krueger.

11                  CHAIRWOMAN KRUEGER:  Thank you.  

12                  Our first questioner will be 

13           Senator Shelley Mayer, Education chair.

14                  SENATOR MAYER:  Thank you very much, 

15           Chair.  

16                  And thank you, Commissioner Rosa and 

17           your staff.  

18                  First I want to be clear so that 

19           listeners understand, because I think the 

20           perception of SED, the State Education 

21           Department, is the agency that really cares 

22           about our kids and our schools and has 

23           responsibility.  The budget that we are 

24           discussing here today, was that proposed by 


                                                                   32

 1           SED or the Executive?  

 2                  The budget that we are discussing, the 

 3           education budget, this was not the Regents' 

 4           proposal, was it?

 5                  NYSED COMMISSIONER ROSA:  The 

 6           original?  

 7                  SENATOR MAYER:  No, the one we are 

 8           considering here today that the Governor 

 9           proposed.  Is this the proposal of the 

10           Regents and the State Education Department?  

11                  NYSED COMMISSIONER ROSA:  Oh, thank 

12           you for the clarification.  

13                  As you know, every single year, from 

14           September all the way through, the Board of 

15           Regents really creates an extensive 

16           opportunity with the two cochairs to engage 

17           in all different kinds of conversations -- to 

18           your point, Senator -- about the needs of the 

19           department.  And we also talk about the needs 

20           of the department from support and what I 

21           would call customer service as well.

22                  We proposed, as you saw in our flyers 

23           and our -- very specific areas.  Now, we 

24           did -- we do have and we can provide that to 


                                                                   33

 1           you, we have an inventory, we took an 

 2           inventory of those things that we did 

 3           receive, as I shared in some of my testimony, 

 4           and those things that we did not receive.  

 5           So -- 

 6                  SENATOR MAYER:  I understand.  You're 

 7           talking about the department.  I'm talking 

 8           about the students and the kids and what 

 9           Foundation Aid should look like.  

10                  Do you, as SED, support this proposal 

11           to both cut the inflationary factor in the 

12           formula and to eliminate save-harmless?

13                  NYSED COMMISSIONER ROSA:  Okay.  We -- 

14           we do not support this position because it 

15           impacts on 337 districts.  And it's been so 

16           abrupt, and the conversations have not taken 

17           place.  

18                  Our position has been that in order to 

19           do this, we really should have a 

20           three-to-five-year plan where we have 

21           opportunities to get a new formula, where we 

22           have opportunities to look at the impact 

23           across the entire state and the various 

24           districts, and make sure that the new formula 


                                                                   34

 1           informs the study and the new formula informs 

 2           the work.  

 3                  And also, we did an analysis of every 

 4           single district, which we have -- again, we 

 5           can share that with you -- of the financial 

 6           impact it has on each individual district.  

 7           So we -- but we did that after we saw the 

 8           information.

 9                  SENATOR MAYER:  Okay.  So again, going 

10           back to the schools and the students, which 

11           is our primary responsibility here, what do 

12           you anticipate, given the number of schools 

13           that will have an absolute cut if this budget 

14           goes through as proposed -- what would be the 

15           impact on those schools, both rural, suburban 

16           and urban?

17                  NYSED COMMISSIONER ROSA:  Well, the 

18           impact is going to be obviously -- let me 

19           start with the fact that we are -- we have 

20           been warning districts about the fiscal cliff 

21           from last year and the year before, knowing 

22           that the financial -- additional financials 

23           that we received for learning loss were added 

24           with staffing and everything else.


                                                                   35

 1                  I think a lot of districts were caught 

 2           off-guard, right, in knowing that we're going 

 3           through that process of the federal financial 

 4           cliff and then having this also happen.  It's 

 5           really in many ways -- this has really 

 6           created the kinds of distress for districts 

 7           that now they have to rethink how they deal 

 8           with personnel issues, delivery services for 

 9           our students, as well as looking at what are 

10           the kinds of decisions that they're going to 

11           have to make this spring, as you know, for 

12           September.  

13                  This is the time when, you know, 

14           school superintendents and school boards and 

15           communities begin to do the planning for next 

16           year.  So I think that the fact that this is 

17           happening with -- I would have hoped that we 

18           would have had much, you know, anticipated 

19           conversations to really truly begin to do the 

20           kind of work on regionalization which our 

21           department has been in conversations with our 

22           rural districts, looking at ways that -- how 

23           do we as the department support those 

24           districts that have been under -- what we 


                                                                   36

 1           call under save-harmless.  

 2                  But our focus has been about making 

 3           sure that we do this planning and we do it in 

 4           a thoughtful process and thoughtful manner.

 5                  SENATOR MAYER:  I understand.

 6                  Under this proposal, a significant 

 7           number of schools would lose Foundation Aid, 

 8           and they lose between 8.1 percent and up to 

 9           48.2 percent of their Foundation Aid.  Of 

10           those several hundred schools, many are 

11           deemed high-needs suburban, under your own 

12           categorization, if I said that right, or 

13           high-need rural or average need or the Big 4 

14           as well, although they lose for a variety of 

15           reasons.

16                  What is the impact, again, from a 

17           parent, a student, a teacher, a school 

18           district, a taxpayer, on the loss of 

19           significant Foundation Aid in a year when, as 

20           you point out, they are going to have a 

21           fiscal cliff because they're no longer going 

22           to get the COVID federal aid that they got 

23           previously.  Have you itemized the number of 

24           staff that may be laid off, programs that may 


                                                                   37

 1           be terminated, students that may not get the 

 2           services or the range of services that we 

 3           have seen that students need as a result of 

 4           learning loss and social emotional loss from 

 5           COVID?  

 6                  NYSED COMMISSIONER ROSA:  So we 

 7           started with -- which is what I'm pulling 

 8           out.  We started -- and to your point, you 

 9           have a place like Mount Vernon, right, --

10                  SENATOR MAYER:  Yes, we have 

11           Mount Vernon.

12                  NYSED COMMISSIONER ROSA:  And when you 

13           said the Big 4, it also impacts the Big 5 in 

14           some of the --

15                  SENATOR MAYER:  Yes.

16                  NYSED COMMISSIONER ROSA:  So I don't 

17           want to just say the Big 4, because the 

18           Big 5, believe it or not, there are some 

19           communities within New York City that will 

20           also be terribly impacted.

21                  So I would say we have done a complete 

22           analysis, district by district, of the 

23           impact, the percentage -- the way we did it 

24           was Foundation net change, right, percentage 


                                                                   38

 1           loss or gain, five-year enrollment change and 

 2           five-year -- you know, we did it with the ELL 

 3           enrollment.  So we have this analysis, which 

 4           we're more than glad to share.

 5                  We do have to say that obviously one 

 6           of the things we've been doing -- and 

 7           Christina would tell you, along with 

 8           Sharon -- is looking at, from the 

 9           department's perspective, knowing this -- and 

10           by the way, some of the formula, we even had 

11           our -- Sean Giambattista, our State Aid, did 

12           some analysis where even though it looks like 

13           a district is only losing, let's say, 

14           5 percent -- versus 35 percent -- the wealthy 

15           district with the 35 percent doesn't lose as 

16           much as, believe it or not, as the 5 percent 

17           rural situation.

18                  So we've been doing a lot of this 

19           analysis and this comparison to prepare 

20           ourselves to support our districts.  And more 

21           than glad, Senator, to share this information 

22           with you as well as others.

23                  SENATOR MAYER:  Well, thank you.  And 

24           thank you for bringing up Mount Vernon, which 


                                                                   39

 1           by the way I do not represent.  But the idea 

 2           that a school district that was identified by 

 3           the Comptroller as in severe fiscal distress 

 4           in his most recent report would suffer a loss 

 5           of over $2 million this year, what -- again, 

 6           what would be the impact, school-specific, if 

 7           you have identified that, for the Mount 

 8           Vernon School District, one -- a poor 

 9           district, an urban district, a district that 

10           has had many ups and downs -- what would be 

11           the impact?  

12                  Have you identified how many staff 

13           would be laid off, what programs would be 

14           terminated, whether there would be a football 

15           team, whether there would be art and music?  

16           Can you -- have you identified?  And I ask 

17           that you do so if you haven't done so.

18                  NYSED COMMISSIONER ROSA:  No.  

19           Obviously between the time that this was 

20           released to now, we've been doing our own 

21           in-house, you know, what we call the large 

22           picture, and then breaking it down into the 

23           337 impacted.

24                  But I can answer that because of our 


                                                                   40

 1           involvement with some of those districts.  

 2           And I can answer it from having been a 

 3           principal, a superintendent, that you're 

 4           going to look at staffing, you're going to 

 5           look at services, particularly for special 

 6           needs and English language learners.  You're 

 7           going to look at those mental health services 

 8           that you've put in place.  You're going to 

 9           look at those potential extended resources 

10           that you use -- that you've been using to, 

11           you know, what we call the learning loss, 

12           support, to continue to bring the kids up to, 

13           you know -- sorry.

14                  SENATOR MAYER:  Thank you.  Thank you 

15           very much, Commissioner.  That's a harsh 

16           time.

17                  CHAIRWOMAN KRUEGER:  Let me just 

18           announce for the day, sometimes you have more 

19           to say than the clock lets you.  We welcome 

20           you to put your answers in writing, send them 

21           to both Ways and Means and Senate Finance, 

22           and we will get your answers to everyone.  

23           Because one person might have asked you, but 

24           everybody has the same questions they want 


                                                                   41

 1           answered.  Thank you.

 2                  ASSEMBLYMAN BENEDETTO:  (Inaudible.)

 3                  NYSED COMMISSIONER ROSA:  And Senator, 

 4           can we submit -- I'm sorry.  Clarification.  

 5           I know we always submit.  But the additional 

 6           materials, we're more than glad to submit 

 7           them as quickly as possible, so -- and then 

 8           follow up.  To your point, if there are other 

 9           things that you would like us to further 

10           research, more than glad to do that.

11                  Thank you.

12                  ASSEMBLYMAN BENEDETTO:  Mr. Ra.

13                  ASSEMBLYMAN RA:  Thank you, 

14           Commissioner.  

15                  And yeah, that data you were just 

16           talking about, I think we'd all love to see 

17           it.  So if you can provide it through the 

18           chairs of the appropriate committees.

19                  Just continuing on with the 

20           Foundation Aid situation, obviously this came 

21           as a surprise to many of us as this budget 

22           came out.  You know, it's being characterized 

23           that the Foundation Aid formula was 

24           essentially steering money to districts that 


                                                                   42

 1           were losing population.  But that's not 

 2           really the case, right?  And I know there's 

 3           many people in this room right now who are 

 4           very knowledgeable about school aid funding 

 5           and the formulas and all of that.  Really, it 

 6           was manipulations we've made to that formula 

 7           over the years.  

 8                  And I think one of the things you just 

 9           said, which is something that maybe gets lost 

10           a little bit because we're so much talking 

11           about the save-harmless, is the fact that for 

12           years leading up to full funding of the 

13           Foundation Aid formula, the question was 

14           what's next.  Right?  So what do you -- I 

15           mean, what is the long-term look when we 

16           actually figure out where we need to go from 

17           here?  Because it took all these years to 

18           fund Foundation Aid.  We're talking a lot 

19           about population, but obviously there are 

20           many other factors that go into this formula.  

21           And it seems like we're focusing on one 

22           input.  And even the result with this, you 

23           know, removal of the save-harmless still is 

24           manipulated to get to certain results.  


                                                                   43

 1                  So what do we need to do to have a 

 2           formula in 2024 for 2030 that accurately 

 3           reflects New York State schools?  

 4                  NYSED COMMISSIONER ROSA:  So I'm going 

 5           to start by saying that, again, we've been 

 6           asking -- you know, we're talking about, you 

 7           know, a formula that uses the census from 

 8           2000, was probably a good thing in 2007.  And 

 9           here we are, we've been asking to redo this, 

10           and we know we have to do a study, we have to 

11           come up with a formula that we can all 

12           understand, embrace it, and know what are the 

13           kinds of things we have to do to support 

14           districts to transition to some of these new 

15           ways of educating our children.

16                  We do have conversations with our 

17           rural districts, particularly because we want 

18           to make sure that they get the kind of 

19           education -- and there are different ways of 

20           doing that.  And, you know, we've talked 

21           about regionalization, as you know, as a 

22           really way of maintaining the identity, 

23           because that is an issue that districts 

24           struggle with, but at the same time providing 


                                                                   44

 1           the kind of education for their students that 

 2           they so desire and their students deserve.  

 3                  And so the Foundation Aid formula is 

 4           the first step.  The second step is coming up 

 5           with a plan, a three-to-five-year plan, how 

 6           do we -- what are the kinds of lessons we've 

 7           learned that are efficient and effective that 

 8           we can put in place to support our districts 

 9           using them as exemplars and models as a way 

10           of moving forward.  

11                  From the fiscal, I'm going to ask 

12           Christina and then very quickly, because I 

13           know -- Jeff, who's been our new deputy, who 

14           really truly has been focused on this issue 

15           with our team in terms of developing the plan 

16           internally.

17                  NYSED CFO COUGHLIN:  Thank you.  I 

18           want to say -- and this is a partial answer 

19           to Senator Mayer's question earlier before, 

20           but it relates to yours.  The Regents state 

21           aid proposal had proposed that we update 

22           several data elements that are in the 

23           Foundation Aid formula now.  That was on the 

24           assumption that we were at full funding and 


                                                                   45

 1           we were going to keep on that same path.  

 2                  So again, as the commissioner 

 3           mentioned, the census poverty, there's a need 

 4           resource category there that uses data from 

 5           2003.  Districts have changed since then, 

 6           obviously.  And so the Regents had proposed 

 7           those, and we sort of called them in public 

 8           space the low-hanging fruit elements of the 

 9           formula.  But as the commissioner said, 

10           education is -- the needs of children have 

11           changed, and the way we can provide those 

12           services have changed with time.  

13                  And so when we're thinking about what 

14           a new Foundation Aid formula should look 

15           like, we know we need some help with that, 

16           which is why we requested the million dollars 

17           for the study.  

18                  But it probably needs to be delivered 

19           differently.  And there may be other 

20           variables that we should consider as part of 

21           that formula that we weren't before.  So 

22           that's why we want to have the study, to have 

23           a more holistic understanding of what 

24           children's needs are and then figure out how 


                                                                   46

 1           to fund it.

 2                  And Jeff?

 3                  SR. DEP. COMMISSIONER MATTESON:  Yeah, 

 4           I just want to mention that we just need a 

 5           longer runway for a safe landing for all of 

 6           our districts.  One-eighty-one of the 337 are 

 7           the most sparsely populated places in our 

 8           state.  They can't do this in one year.  We 

 9           need a multiyear effort.  We have a BOCES 

10           regionalization model we already can use, and 

11           we can work through them to assist these 

12           districts.

13                  ASSEMBLYMAN RA:  Okay.  Out of time.  

14                  Thank you.

15                  CHAIRWOMAN KRUEGER:  Thank you.  

16                  Our next questioner is Chair John Liu 

17           of our New York City Education Committee.

18                  SENATOR LIU:  Thank you, Madam Chair.  

19                  Good morning.

20                  NYSED COMMISSIONER ROSA:  Good 

21           morning.

22                  SENATOR LIU:  And thank you, 

23           Commissioner Rosa, and your entire team for 

24           joining us today, as always.  


                                                                   47

 1                  Commissioner, I do have a number of 

 2           questions for you piggybacking off what 

 3           Chair Mayer has already asked you about. 

 4                  We understand that this proposal, the 

 5           budget proposal, was put forth by 

 6           Governor Hochul, and she has some very 

 7           specific education funding proposals.  The 

 8           first question I have for you is, do you 

 9           think there's any logic to changing the 

10           definition of inflation from price increases 

11           from last year to this year to a definition 

12           that includes the 10-year average, the 

13           average inflation rate over 10 years, and 

14           then giving school districts money based on 

15           that rate of inflation?  

16                  Is there any logic to changing from a 

17           one-year basis to a 10-year basis?

18                  NYSED COMMISSIONER ROSA:  Well, that's 

19           a perfect question for DOB and the Governor's 

20           office.  

21                  But if you're asking -- you know, we 

22           internally have been looking at, you know, 

23           inflation at 4.1 and then you go to 2.6, you 

24           know.  And then throwing out the high and low 


                                                                   48

 1           and figuring, you know -- 

 2                  SENATOR LIU:  When you're looking at 

 3           an inflation rate of 4.1 percent, you're not 

 4           looking at it from an academic point of view.  

 5           You're trying to figure out how much school 

 6           districts actually need to keep their schools 

 7           open.

 8                  NYSED COMMISSIONER ROSA:  Correct.

 9                  SENATOR LIU:  And if they go with a 

10           2.6 instead because of this new definition of 

11           10-year average, school districts are truly 

12           realizing a cut in real dollars in their 

13           school budgets.

14                  NYSED COMMISSIONER ROSA:  Which is 

15           why, to your point, when we have internally 

16           looked at it, it is something that someone -- 

17           you know, in my testimony I said it would be 

18           helpful to have a further understanding of 

19           what the logic and the design behind it -- it 

20           would be helpful.

21                  SENATOR LIU:  So would it be fair to 

22           say that people at SED would not currently 

23           understand the logic behind changing to a 

24           10-year definition of inflation?


                                                                   49

 1                  NYSED COMMISSIONER ROSA:  I think 

 2           that's a fair statement.

 3                  SENATOR LIU:  Okay.  So we're not the 

 4           only dummies here, because I can't understand 

 5           how you go to a 10-year average inflation 

 6           rate to allow schools to continue funding 

 7           their operations.

 8                  The other thing is, you know, the 

 9           Governor talks about common sense, common 

10           sense.  Common sense.  And common sense, 

11           based on getting school districts the money 

12           that they actually need.  And in her proposal 

13           she references these reserves.  I mean, 

14           apparently school districts across the state 

15           have put huge amounts of money under their 

16           mattress, like almost $3 billion worth.  Is 

17           that accurate?  Or is there some flaw to that 

18           kind of analysis?

19                  NYSED COMMISSIONER ROSA:  You mean 

20           the -- the --

21                  SENATOR LIU:  Well, the Governor's 

22           referenced reserves.

23                  NYSED COMMISSIONER ROSA:  No, no, no, 

24           I -- yeah.  The mattress part I don't 


                                                                   50

 1           think -- I think we can all agree that that's 

 2           not where they're putting their dollars.  

 3                  But I would say that many districts 

 4           that we deal with, that those reserves, 

 5           even -- especially during the time of COVID, 

 6           which you know districts had to up-front many 

 7           expenses.  So there's been a bit of a 

 8           recovery.  I think the full Foundation issue, 

 9           you know, was an incredible welcoming -- I 

10           would say something that we celebrated.

11                  I do think that this next move, you 

12           know, I think as I said, caught us all off 

13           guard, and my position on this whole 

14           situation is that we really need to get back 

15           to thinking about the formula, how do we do 

16           this and do this right.  Because to your 

17           point, you can't say every district has this 

18           kind of reserves.  Many districts don't.  As 

19           a matter of fact -- 

20                  SENATOR LIU:  Well, I think the 

21           Governor's implying that districts that would 

22           see a cut in Foundation Aid because of this 

23           elimination of the save-harmless provision, 

24           that they have reserves to draw upon.


                                                                   51

 1                  Would you say that that is an accurate 

 2           assessment?  It's not accurate?  Or you can 

 3           get back to us if you'd like.

 4                  NYSED CFO COUGHLIN:  It looks to us as 

 5           though most of the districts have reserves 

 6           that they can use as part of a transition.  

 7                  But, you know, I will say that as part 

 8           of our federal funding we actually set up a 

 9           team at State Ed that would help districts 

10           think about what would happen when that 

11           federal stimulus funding ended, because we 

12           didn't want them to hit a cliff and fall over 

13           with respect to the services that were funded 

14           to address pandemic learning loss and 

15           socio-emotional needs.  So a lot --

16                  SENATOR LIU:  So are you suggesting 

17           that they may have reserves for this coming 

18           year or the next two years but then they'll 

19           have a cliff later on?

20                  NYSED CFO COUGHLIN:  We were talking 

21           to districts -- we were talking to districts 

22           about planning settings, using -- setting 

23           some reserves aside so that they can 

24           transition and extend the services that were 


                                                                   52

 1           helping their students go back to school -- 

 2                  SENATOR LIU:  And yet when they get 

 3           their Foundation Aid cut this year, that's 

 4           pretty much in perpetuity; correct?  It's not 

 5           like they get it restored a couple of years 

 6           down the road.

 7                  And not only that, the transitional 

 8           funding, that also becomes a cliff for these 

 9           districts.

10                  NYSED CFO COUGHLIN:  It's true.  Yup.  

11           When the reserves are gone, they're gone, 

12           yeah.

13                  SENATOR LIU:  So we're setting up some 

14           of these districts for a double cliff.

15                  NYSED CFO COUGHLIN:  Right.  Yeah.

16                  NYSED COMMISSIONER ROSA:  So to 

17           Christina's point, if you use those reserves, 

18           those reserves are gone.  So yes.

19                  SENATOR LIU:  Because they're only for 

20           one year.  Whereas a reduction in their 

21           Foundation Aid pretty much propagates from 

22           year to year.

23                  Thank you very much.

24                  Commissioner, you talked about local 


                                                                   53

 1           control before, being kind of like the 

 2           historical statewide approach to education, 

 3           giving local school districts control over -- 

 4           I guess control over what they're teaching 

 5           their kids.  But, you know -- and this is 

 6           something that I struggle with and I think 

 7           some of the colleagues struggle with also.  

 8           You had a question about curriculum and, by 

 9           extension, syllabi.  We all -- and I know the 

10           long-standing position of the State Education 

11           Department is that the state does not impose 

12           any of these requirements on local school 

13           districts.  But yet we do have statewide 

14           standards.  So, you know, where do you draw 

15           the line between what a standard is versus 

16           what a curriculum is?

17                  NYSED COMMISSIONER ROSA:  Mm-hmm.  

18           Yeah.  And I think that's -- those two terms 

19           a lot of times are conflated, unfortunately.

20                  SENATOR LIU:  Did you say conflated?

21                  NYSED COMMISSIONER ROSA:  Yeah.

22                  SENATOR LIU:  Okay.

23                  NYSED COMMISSIONER ROSA:  Because what 

24           happens is the standards really look at, you 


                                                                   54

 1           know, what do kids need to know.  You know, 

 2           the what.  Right?  This is -- what do they 

 3           need to know?  And so the goal is:  Here are 

 4           the standards, this is what you need to know, 

 5           and then it becomes how do we get there.  You 

 6           know, what are the kinds of -- from 

 7           everything, from what tools do we use to 

 8           support the kids knowing that.  Right?  

 9           Sometimes materials, a program, you know, 

10           instructional strategies -- all of that 

11           becomes part of the teaching and learning and 

12           the curriculum.  So there are the different 

13           components.  

14                  So the standards is what we develop 

15           and we say, you know, this is what the -- a 

16           student should know.  

17                  At the local level, the 

18           superintendents, the educational leaders, 

19           right -- the principals, the school board -- 

20           they come and get together and say, you know, 

21           we're following the standards, we're making 

22           sure that in our district these are the 

23           materials we use, this is the curriculum, 

24           this is the instructional strategies, this is 


                                                                   55

 1           the professional development that we use to 

 2           ensure that we get there.

 3                  SENATOR LIU:  All right.  But -- now, 

 4           there used to be required Regents, a set of 

 5           Regents exams, which the Regents have 

 6           essentially provided -- now provided more 

 7           alternatives to a Regents degree.  But in 

 8           those Regents exams, there was kind of like a 

 9           mechanism to strongly encourage local school 

10           districts to teach certain material, that 

11           material being on the Regents exams.

12                  Now that the Regents exams are no 

13           longer required by everybody, how do you 

14           ensure that what used to be kind of ensured 

15           by the Regents exams are still being ensured, 

16           in terms of what local school districts are 

17           teaching their kids?  

18                  NYSED COMMISSIONER ROSA:  Okay.  So 

19           again, Regents exams are still required.  So 

20           let me just say that.

21                  And by the way, way, way back, Regents 

22           exams were not required.  You know, this 

23           became a fairly -- believe it or not.  I know 

24           some people don't realize, but our Regents 


                                                                   56

 1           exams are still in place.  I mean, they have 

 2           not gone away.  

 3                  That is one measure.  Because 

 4           remember, in the classroom the teacher is 

 5           teaching the coursework.  Right?  The Regents 

 6           exam will test some of the elements that give 

 7           us an indication that they've met and they, 

 8           you know, pretty much know the knowledge, 

 9           that body of knowledge that they need to pass 

10           that exam.  That's one exam.

11                  And so when we talk about the 

12           standards and the curriculum -- for example, 

13           there are places that go way beyond, you 

14           know -- 

15                  SENATOR LIU:  I think my time is up.  

16           But because Chair Krueger loves me, she's 

17           going to give me a second round.  Thank you.

18                  NYSED COMMISSIONER ROSA:  Okay.  Got 

19           it.

20                  ASSEMBLYMAN BENEDETTO:  (Mic off; 

21           inaudible.)

22                  CHAIRWOMAN KRUEGER:  They get a 

23           three-minute follow-up at the end, after 

24           everyone's gone.


                                                                   57

 1                  Thank you.  

 2                  ASSEMBLYMAN BENEDETTO:  Chairman 

 3           Santabarbara, chairman of Libraries.

 4                  ASSEMBLYMAN SANTABARBARA:  Thank you, 

 5           Mr. Benedetto.  

 6                  And thank you, Commissioner, for being 

 7           here this morning.  Good morning to you and 

 8           your staff.

 9                  NYSED COMMISSIONER ROSA:  Good 

10           morning.

11                  ASSEMBLYMAN SANTABARBARA:  Just a few 

12           questions.

13                  Wanted to ask about the State 

14           Education Department's request for a new 

15           $17 million General Fund appropriation for 

16           the Cultural Education Revenue Stabilization.  

17           I just wanted to know what that funding is 

18           going to be used for, what areas need it the 

19           most.  And if you'd talk a little bit more 

20           about that request and where it's going to go 

21           and how it's going to benefit the education 

22           system.

23                  NYSED COMMISSIONER ROSA:  Great 

24           question.


                                                                   58

 1                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

 2           Thank you.  And we certainly hope that you 

 3           support that request.

 4                  So we have some staffing, some 

 5           critical staffing needs that those dollars 

 6           will help us with.  We also want to expand 

 7           our programming that we're offering students 

 8           who come and adults who come to visit.  So 

 9           just the day-to-day things that we're not 

10           able to do because the account is light, you 

11           know, the budget is tight.  So, you know, we 

12           will be expanding our offerings.

13                  ASSEMBLYMAN SANTABARBARA:  Okay, thank 

14           you -- thank you for that answer.

15                  And I just wanted to circle back to 

16           your opening comments.  The Online Virtual 

17           Electronic Library, I see there's a 

18           $3 million appropriation for that due to 

19           changes in how the program is funded.  But 

20           will that still allow institutions across the 

21           state to access it without any issues?

22                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

23           I'm sorry, we really can't hear with the 

24           mics.  Is this NOVELny?


                                                                   59

 1                  ASSEMBLYMAN SANTABARBARA:  Yes.  I'm 

 2           sorry, I should have put this closer.

 3                  Yes, the NOVELny program.  There's a 

 4           $3 million appropriation in the proposal due 

 5           to changes in how the program was funded.  

 6           Will this allow the system to continue to be 

 7           accessed by institutions across the state?

 8                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

 9           Yes, it will.  Mm-hmm.

10                  NYSED COMMISSIONER ROSA:  Yes.  And 

11           it's something that the Regents -- I mean, 

12           we're very thrilled with that investment.

13                  ASSEMBLYMAN SANTABARBARA:  And moving 

14           on to the Summer School for the Arts, there 

15           was a $1 million cut by the Executive.  How 

16           is this going to impact the program and --

17                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

18           So --

19                  ASSEMBLYMAN SANTABARBARA:  -- effects 

20           across the state?

21                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

22           So our request was for $2 million, and that 

23           would allow us to offer more residential 

24           programming.


                                                                   60

 1                  So as you know, right now the Summer 

 2           School for the Arts, it's really a two-part 

 3           program.  We offer scholarships over the 

 4           summer so that students can self-select and 

 5           attend music and arts programs that they 

 6           would like to attend.  So we offer 

 7           scholarships for that.

 8                  And then the second part is a 

 9           residential program, which is what the 

10           Summer School for the Arts looked like in the 

11           past.  There were multiple residential 

12           programs.

13                  So $1 million only allows us to offer 

14           one residential; $2 million would allow us to 

15           offer two, potentially three residential 

16           programs.  And it also gives us an 

17           opportunity to offer more scholarships for 

18           students who want to self-select.

19                  ASSEMBLYMAN SANTABARBARA:  So that 

20           funding, additional funding, would benefit 

21           the program --

22                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

23           Oh, absolutely, yes.

24                  ASSEMBLYMAN SANTABARBARA:  So that's 


                                                                   61

 1           something we should -- we're going to 

 2           advocate to put back in.

 3                  And I wanted to just ask generally, 

 4           just with libraries, what has the 

 5           Education Department heard from libraries 

 6           across the state?  Are there issues that --

 7                  NYSED COMMISSIONER ROSA:  We're having 

 8           a hard time -- I'm sorry --

 9                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

10           Have we heard from libraries about --

11                  ASSEMBLYMAN SANTABARBARA:  Let me 

12           switch microphones, I'm sorry.

13                  NYSED COMMISSIONER ROSA:  Thank you.

14                  ASSEMBLYMAN SANTABARBARA:  Can you -- 

15           oh, that's better, yes.  

16                  (Overtalk.)

17                  NYSED COMMISSIONER ROSA:  Thank you.

18                  ASSEMBLYMAN SANTABARBARA:  Yes, thank 

19           you for pointing that out.  

20                  Just libraries across the state, so 

21           what have you been hearing from libraries?  

22           What are the needs?  What has the Education 

23           Department heard that we can consider in the 

24           budget?


                                                                   62

 1                  NYSED COMMISSIONER ROSA:  So, 

 2           Angelique, do you want to --

 3                  DEP. COMMISSIONER JOHNSON-DINGLE:  

 4           Thank you.  So one of the things that we do 

 5           recognize, particularly with P-12 

 6           instruction, is really the critical 

 7           partnerships that libraries play -- not just 

 8           within our schools but also our public 

 9           libraries.  They often serve as safe havens 

10           and resource centers for families, right?  So 

11           it is important for them to receive funding 

12           so that they are able to offer programs, they 

13           are able to offer supplemental programs in 

14           conjunction with schools, able to provide 

15           adult learning services, programs for 

16           families.  And they are critical because they 

17           do help our students and families and schools 

18           in local communities.

19                  Thank you.  

20                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

21           I would just add that broadband is still an 

22           issue for some of our libraries, so we are 

23           hearing that.  So more funding to support 

24           that would be great.


                                                                   63

 1                  ASSEMBLYMAN SANTABARBARA:  And that's 

 2           a great segue to my next question --

 3                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

 4           See, there it is.

 5                  ASSEMBLYMAN SANTABARBARA:  Just wanted 

 6           to also ask about obviously the importance of 

 7           technology in education.  How is the budget 

 8           going to -- planning on addressing upgrades 

 9           in needed infrastructure in schools 

10           statewide?  I know some of my schools in my 

11           district still don't have the technology that 

12           they should have at this point.

13                  Is there a plan in place, specific 

14           initiatives, investments that can bridge that 

15           digital divide, especially in some of the 

16           rural areas and rural school districts?

17                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

18           Well, I guess, as I mentioned, more funding 

19           allows us to do more, so -- we are aware that 

20           there are some schools that are struggling or 

21           dealing with challenges in providing enough 

22           broadband, if not equipment, for all of their 

23           students.  

24                  So any increase in funding that we 


                                                                   64

 1           receive that supports the libraries would 

 2           support those needs.

 3                  ASSEMBLYMAN SANTABARBARA:  Thank you 

 4           for that answer.

 5                  NYSED COMMISSIONER ROSA:  And by the 

 6           way, we did do an inventory -- again, we can 

 7           share an inventory across the entire state in 

 8           terms of equipment.

 9                  ASSEMBLYMAN SANTABARBARA:  Excellent.

10                  NYSED COMMISSIONER ROSA:  So that 

11           could be helpful, and we'll share that with 

12           you.

13                  ASSEMBLYMAN SANTABARBARA:  I have a 

14           few minutes left; I just want to circle back 

15           on the special education discussion that -- 

16           from earlier.  I just wanted to ask about 

17           the -- how the budget is supporting special 

18           education programs, how we're improving 

19           programs.  And also the big thing is how are 

20           we making sure that the children, kids and 

21           students that need these programs are 

22           receiving services, adequate services?  

23                  NYSED COMMISSIONER ROSA:  I don't 

24           think we heard your --


                                                                   65

 1                  SR. DEP. COMMISSIONER MATTESON:  We 

 2           didn't hear all of that --

 3                  NYSED COMMISSIONER ROSA:  We didn't 

 4           hear the question on -- yeah.  We just heard 

 5           special education and -- 

 6                  ASSEMBLYMAN SANTABARBARA:  What 

 7           measures are being taken to improve the 

 8           special education programs in place, and how 

 9           are we making sure that kids are actually 

10           receiving the programs and they're receiving 

11           adequate services?

12                  NYSED COMMISSIONER ROSA:  Oh, okay.  

13           Well, I think the BOCES -- I mean, the -- 

14           when we think about special education, 

15           obviously I'm going to start by saying that 

16           we're talking about different stages and 

17           different levels, right, from the elementary 

18           all the way through the inclusion programs 

19           that we support, as well as having the BOCES 

20           opportunities as well.  So -- 

21                  SR. DEP. COMMISSIONER MATTESON:  I 

22           think as far as the department role here, one 

23           of the things we're doing is modernizing our 

24           data system within special education so that 


                                                                   66

 1           we can track students better and be able to 

 2           see where the openings are and where the 

 3           deficits are so we can respond in realtime 

 4           with policy.

 5                  The other issue we have is obviously 

 6           residential placements are always an issue in 

 7           trying to support districts to find those and 

 8           to find the funding for residential 

 9           placement.  We've got some proposals in the 

10           commissioner's backup sheet for you guys to 

11           look at as far as the residential piece is 

12           concerned.

13                  But we continue to monitor as well.  

14           We have IDEA funding that comes through the 

15           department, and part of our responsibility is 

16           once those funds are doled out, to also 

17           monitor how it's spent.  We're modernizing 

18           that process as well.  Some of that is 

19           paper-based, and it now has to go to a 

20           digital base.  

21                  And we're also, inside the department, 

22           creating a grants department so that we have 

23           better functioning and more 

24           cross-pollenization for those doing the 


                                                                   67

 1           auditing work to ensure that it's done at the 

 2           highest rate possible, because the federal 

 3           government is very interested in making sure 

 4           that we're spending their money 

 5           expeditiously.

 6                  ASSEMBLYMAN SANTABARBARA:  And are 

 7           there steps being taken also to -- there's a 

 8           shortage of special education teachers and 

 9           related professionals.  Are there steps being 

10           taken to ensure we can fill those positions?

11                  SR. DEP. COMMISSIONER MATTESON:  We 

12           just have done some work in the Certification 

13           Department to create a K-12 special education 

14           certificate which will allow a lot more 

15           movement, especially, you know, for some of 

16           those districts that aren't all that large, 

17           don't have a ton of staff, they need to be 

18           able to respond to the needs and be able to 

19           move staff to where the needs are.  

20                  Those kind of exercises came from the 

21           field to tell us we need this kind of 

22           certificate, and we responded to make sure 

23           that they have that kind of flexibility.

24                  ASSEMBLYMAN SANTABARBARA:  Okay, thank 


                                                                   68

 1           you.  Thank you.

 2                  CHAIRWOMAN KRUEGER:  Thank you very 

 3           much.  Oh, I want to introduce Senator Stec, 

 4           who joined us.  

 5                  And I want to turn it over to 

 6           Senator Chu, 10-minute chair of Libraries -- 

 7           although that's not the sentence.  Chair of 

 8           Libraries, 10 minutes.  Not just for 

 9           10 minutes as the chair.

10                  (Laughter.)

11                  SENIOR CHU:  Thank you, Chair.  I 

12           thought I got three months.

13                  (Laughter.)

14                  SENIOR CHU:  Good morning, 

15           Commissioner Rosa.  

16                  So I would like to bring the attention 

17           to the School Material Aid.  We know that 

18           starting from 2007, the School Material Aid 

19           from SED, the calculations stay set at the 

20           $6.25.  In the past 17 years we can see the 

21           inflation going up, we've digitalized all 

22           those materials.  How -- will you be able to 

23           help us understand how does SED do the 

24           calculation, or what was the formula to set 


                                                                   69

 1           this amount, and why in the past 17 years it 

 2           stayed flat?  And is this amount adequate 

 3           enough to meet our current needs, especially 

 4           right now we talk about not just the print 

 5           material but also the digital material, which 

 6           costs more.  So ...

 7                  NYSED CFO COUGHLIN:  Thank you.  That 

 8           formula amount is actually set in statute.  

 9           So we don't set it.  What we do is we take 

10           the student counts and we do the 

11           multiplication and then share that with the 

12           districts.  

13                  So the Regents last year actually had 

14           in their state aid proposal a recommendation 

15           that the library aid that you referred to, 

16           but also the computer software and hardware 

17           and textbook aids be increased to reflect the 

18           inflationary changes since that time.  It was 

19           not enacted.  But certainly we'd love to talk 

20           more about that.

21                  SENIOR CHU:  And how much do you think 

22           per pupil will be a reasonable amount for 

23           now?

24                  NYSED CFO COUGHLIN:  Well, reasonable 


                                                                   70

 1           is a hard thing to say.  I mean, the 

 2           inflationary number off the top of my head I 

 3           would think maybe for the Library Aid it 

 4           might bring it to $10, although that's very 

 5           much off the top of my head.  But we can do 

 6           an estimate on that.

 7                  SENIOR CHU:  Understand.  Thank you.

 8                  NYSED CFO COUGHLIN:  Thank you.

 9                  SENATOR CHU:  And the second question, 

10           I notice, Commissioner, from your testimony, 

11           you -- on the Library Construction Aid, SED 

12           requests for 45 million.  However, the New 

13           York State libraries, they estimate from 2021 

14           to 2023, the whole state need is 

15           $1.5 billion.  And from NYLA's data, they are 

16           actually requesting for 69.4 million.  

17                  Would you be able to tell us what's 

18           the difference the -- like your ask and the 

19           NYLA's ask, what's the difference?  

20                  And also I appreciate you bringing up 

21           the need for high-speed broadband -- to 

22           modernize and make sure our public library 

23           has the assets for those technology supports.  

24           Those infrastructure also cost -- especially 


                                                                   71

 1           right now, the construction material costs 

 2           are going up.  Like how does this -- is this 

 3           45 million reasonable?  Or do you think 

 4           that's -- what's the priority here?

 5                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

 6           We think the 45 million is reasonable.  

 7                  You know, we would love it if you 

 8           would bring us back to the 45.  Right now the 

 9           Executive's budget is offering 34 million.  

10           So again, as I said earlier, when it comes to 

11           libraries, any additional funding that can be 

12           made available would be a plus for our 

13           libraries.  

14                  Broadband, as we know, is a huge 

15           issue.  And just making sure that the 

16           libraries have the proper resources and that 

17           the facilities are where they need to be so 

18           that they can support those who are coming in 

19           to use it.

20                  SENIOR CHU:  Absolutely.  

21                  And have you been in discussion with 

22           NYLA about the difference?  Because they are 

23           proposing for 69.4 million, 24 million more 

24           than SED's proposal.


                                                                   72

 1                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

 2           I'm not aware that we've had that discussion, 

 3           but we certainly will reach out to them.

 4                  SENIOR CHU:  Yeah, that will be 

 5           helpful.  

 6                  And I just want to bring it back to 

 7           the special ed.  There is a school in my 

 8           district and many families who need those 

 9           crucial services.  I just would like to 

10           understand a little about the teacher and 

11           student ratio.  And also from the 

12           administration perspective, what's the most 

13           challenging now?  Support, service, how -- 

14           like what kind of support SED would need to 

15           provide the adequate service for those needy 

16           families?  For the special -- special 

17           education:  4201, 4410.

18                  DEP. COMMISSIONER JOHNSON-DINGLE:  

19           Yeah, so when it comes to libraries and the 

20           things that they're able to provide 

21           additionally to what happens in schools is 

22           really however we can dream about it.  Right?  

23           Essentially, the connection between our 

24           schools and our libraries being able to 


                                                                   73

 1           provide additional courses for students, 

 2           extended learning opportunities, learning 

 3           about how to utilize technology in safe 

 4           ways -- we've been talking a lot about 

 5           literacy, right?  Being able to have 

 6           additional offerings at our local libraries 

 7           in concert with some of the work that our 

 8           schools are doing is so critical to helping 

 9           us achieve what we all want for our students.  

10           And we saw "our" -- not just mine, but yours 

11           and all children across the state to be able 

12           to go as far as they would love to be able to 

13           go.  But understanding that having and 

14           knowing how to read proficiently, accurately, 

15           being able to comprehend and synthesize 

16           information are all key things that students 

17           need to be successful in life.

18                  SENIOR CHU:  My question was toward 

19           the special ed program for 4410s, 4201 

20           schools, the teacher and student ratio.

21                  DEP. COMMISSIONER JOHNSON-DINGLE:  Oh, 

22           I'm sorry, I misunderstood.  I didn't hear 

23           that correctly.

24                  But yes, when it comes to our 4410 and 


                                                                   74

 1           our special education schools, we realize 

 2           that we have had some concerns around tuition 

 3           rate settling, tuition reimbursement.  We do 

 4           the best that we can through our external 

 5           partners, through our SEQA offices, through 

 6           our local educational partnerships in 

 7           providing direct technical assistance to all 

 8           of those schools.  Being able to go in, 

 9           offering professional learning opportunities 

10           for schools, are all part of the things that 

11           we do every single day.  

12                  But we also do realize that there are 

13           challenges when it comes to funding, 

14           understanding where there are openings for 

15           families.  We realize that there are also 

16           some challenges in certain parts of the state 

17           where there are services that are not able to 

18           be provided.  And our goal is to try to 

19           ensure that every student who needs anything 

20           that they need are able to stay in their 

21           local communities, within their local 

22           schools.  And that comes from complete and 

23           adequate funding.

24                  SENIOR CHU:  Then what would be the 


                                                                   75

 1           most challenging part, from the SED or 

 2           administration perspective, to support those 

 3           families?

 4                  NYSED COMMISSIONER ROSA:  I think one 

 5           is in terms of resources that are provided, 

 6           professional -- you know, helping families, 

 7           creating awareness, right?  So that -- you 

 8           know, one of the things -- and you were 

 9           talking about the library space and really 

10           creating those links so that there are 

11           cultural, right -- you have access to some of 

12           the cultural awareness in terms of materials 

13           and opportunities for families to experience 

14           the -- even beyond the school, that there are 

15           connectors within the community.  

16                  And so with our children I think the 

17           whole notion of having opportunities to be 

18           very -- feel very much a part of the 

19           community by creating these inclusive 

20           environments, right, where the children do 

21           not feel in many ways that they're not part 

22           of, but rather the whole notion of 

23           inclusivity, inclusion, and having them be 

24           part of those communities.  


                                                                   76

 1                  You know, we clearly try to work with 

 2           not just libraries but -- yeah.

 3                  SENIOR CHU:  Commissioner, I apologize 

 4           if I didn't make my question clear enough.  

 5           It's about special ed, special education 

 6           programs for those special-needs students.  

 7           It's not about libraries.

 8                  NYSED COMMISSIONER ROSA:  Yeah, no, I 

 9           know.  But I'm saying as a connector from the 

10           program itself -- because I think that the 

11           deputy commissioner talked about in school, 

12           the programs themselves.  But I linked it 

13           back to the library as an added extension, a 

14           connector for those children that need to be 

15           very much a part of inclusive settings so 

16           that they're with their peers.  

17                  So I was responding to the 

18           inclusiveness, the importance of those 

19           children having those experiences in 

20           inclusive environments both in schools as 

21           well as in the community, as extended ways of 

22           having those access.

23                  SENIOR CHU:  Then, just curious, is 

24           there any mechanism or any plan you -- is it 


                                                                   77

 1           able to connect with those special-need and 

 2           when we're talking about the library 

 3           update -- upgrade, infrastructure 

 4           improvement, are we able to meet the need for 

 5           those specific families that they have those 

 6           resources, ways open to public, those special 

 7           populations will be able to also utilize it?

 8                  (Time clock sounds; overtalk.)

 9                  CHAIRWOMAN KRUEGER:  You'll get back 

10           to us.

11                  NYSED COMMISSIONER ROSA:  We do that.  

12           We'll answer that.  Thank you.

13                  ASSEMBLYMAN BENEDETTO:  Ranker on the 

14           Education Committee, Mr. Smith.

15                  ASSEMBLYMAN SMITH:  Thank you, 

16           Mr. Chairman.  

17                  And thank you, Commissioner, for 

18           joining us today.  I appreciate throughout 

19           the year you've always made yourself 

20           accessible to all of our members, 

21           particularly when our members come to us and 

22           they have problems in their districts, little 

23           fires that need to be put out, you're always 

24           helpful.


                                                                   78

 1                  Now, unfortunately today the entire 

 2           state is ablaze because of the Governor's 

 3           proposal to cut back millions of dollars of 

 4           school aid to our schools.  As you mentioned, 

 5           337 rural and suburban school districts 

 6           facing deep cuts.  In my Assembly district, 

 7           the schools I represent, we're looking at 

 8           7.4 million in cuts.  In one school district 

 9           to the north of me, Three Village on 

10           Long Island, they're looking at almost 

11           $8 million in cuts.

12                  I mean, this is devastating.  You 

13           know, you're talking about hundreds of 

14           teachers potentially being laid off at a time 

15           where learning loss is a major issue and at a 

16           time where we're trying to expand programs, 

17           teach students how to read properly, all the 

18           things the department has advocated for, 

19           things you've advocated for.

20                  So I appreciate your answers in terms 

21           of the fact that this department is an 

22           independent agency, it's not appointed by the 

23           Governor, it's appointed by the Regents, 

24           which works with the Legislature.


                                                                   79

 1                  So now this weekend on Long Island, we 

 2           routinely every year we have a legislative 

 3           breakfast at Longwood School District.  

 4           Usually there's over 500 advocates that 

 5           attend, 10 Assemblymembers, five Senators, 

 6           two members of Congress attend and take 

 7           questions from, you know, dozens of school 

 8           districts.  What should we be telling them?  

 9                  Because right now, you know, I'm at a 

10           loss.  The fact that the Governor releases a 

11           state aid run -- when we do the Assembly and 

12           Senate one-house budgets, we're not releasing 

13           state aid runs, we're just saying, you know, 

14           we have a priority of education, which 

15           everyone knows.

16                  So aside from telling school districts 

17           to, you know, stay calm and we're going to 

18           get this done, what would you be telling 

19           these school districts right now?  And I know 

20           that's a tough question.

21                  NYSED COMMISSIONER ROSA:  So I'm going 

22           to take it from three angles.  One is sitting 

23           there and -- to your point, when you said 

24           about how do you bring the temperature down, 


                                                                   80

 1           how do you create -- engage in a dialogue 

 2           that helps us to think about what would be 

 3           the message, I think -- and then obviously 

 4           we'll give you some -- you know, obviously 

 5           we've shared with you that we have some 

 6           information specific to the districts.

 7                  But I also think it's important to 

 8           rethink, I think as a body, to look at how, 

 9           you know, taking this as an opportunity to 

10           really engage in a conversation of doing this 

11           in a thoughtful manner.  Right?  How do we 

12           create a plan, how do we engage all of us, 

13           collectively, in a plan that gets us to where 

14           we need to do the work and the -- and have 

15           the investments that we need to continue to 

16           do the work, coming out of the pandemic, 

17           continuing to look at creative ways of using 

18           our dollars, sharing our learning, you know, 

19           opportunities, and clearly advocating -- I 

20           think which is what you're doing -- 

21           advocating to have an opportunity to really 

22           look at doing this within a 

23           three-to-five-year plan.

24                  ASSEMBLYMAN SMITH:  I agree 


                                                                   81

 1           completely.  I think that makes a lot of 

 2           sense.

 3                  The Governor has mentioned and some of 

 4           my colleagues have mentioned the reserve fund 

 5           issue.  Now, I speak with our school 

 6           districts across the state routinely.  I 

 7           don't think any school board member or school 

 8           superintendent believes that their school 

 9           district should be a bank for public money, 

10           and I don't think that's what they're doing, 

11           as implied by the Governor.

12                  But I do think that as we're looking 

13           at -- you mentioned the federal fiscal cliff, 

14           where the loss, the entire loss of COVID 

15           funds -- our school districts have hired so 

16           many mental health professionals to deal with 

17           these things, you referenced that earlier, 

18           and now they're looking at layoffs because 

19           they don't have that. 

20                  So typically they would be looking to 

21           tap into those reserve funds perhaps for this 

22           year, but now this Governor's proposal 

23           completely cleans them out.  I mean, it's 

24           literally going to put school districts in 


                                                                   82

 1           fiscal stress.

 2                  I only have a minute, and I just want 

 3           to address one other issue that has come up 

 4           in this hearing regarding the Regents exams, 

 5           and you and I have spoken about this.  We're 

 6           on the same page.  I would say -- and I've 

 7           been asked a lot, are we lowering standards 

 8           by not requiring Regents exams?  And I've 

 9           always said, absolutely not.  Because as 

10           someone who taught in the classroom, our 

11           students need the time to be able to explore 

12           Career and Technical Education opportunities, 

13           all these opportunities that are offered.

14                  Would you agree that by making it 

15           optional -- which just a few years ago, 

16           before Common Core, before Race to the Top, 

17           these things were not mandatory but an 

18           option.  Do you think, do you agree with me 

19           that that's not lowering standards?

20                  NYSED COMMISSIONER ROSA:  Well, I'm 

21           going to agree that we have -- our students 

22           have multiple ways of demonstrating their 

23           knowledge base.  I think that this is one 

24           way.  Right?  The Regents exam is one way.  I 


                                                                   83

 1           think that the way we raise -- you know, for 

 2           us, raising standards is saying, you know, 

 3           our children need to show various ways of 

 4           doing that work.

 5                  ASSEMBLYMAN SMITH:  Thank you.  Thank 

 6           you, Commissioner, and thank you for your 

 7           work.

 8                  ASSEMBLYMAN BENEDETTO:  To the Senate.  

 9                  SENATOR MAYER:  Thank you.

10                  Next is Senator Tedisco, ranker on 

11           Education.

12                  SENATOR TEDISCO:  Thank you.  

13                  Commissioner, I'm compelled to tell 

14           you and anyone who is in earshot, as the 

15           ranker on the education committee, and you've 

16           heard me say this before, as somebody -- and 

17           I say this with tongue in cheek -- who had a 

18           real job, one we all respect and we know 

19           we're losing teachers -- I was an educator, 

20           taught kids with learning disabilities, 

21           special education, did some team teaching.

22                  This budget is bad holistically.  It's 

23           a disaster for education.  And I just want to 

24           put on the record that I and my conference 


                                                                   84

 1           are not going to go quietly into the night if 

 2           this or any other budget tries to balance 

 3           itself on the backs of our kids, their 

 4           education, their future, or the taxpayers of 

 5           New York State who are going to have to make 

 6           up the difference for the programs which I 

 7           think are going to have to be cut.

 8                  This is a bad budget for the 

 9           44th Senatorial District.  Eleven of my 

10           schools lose funding.  It's bad for the 

11           North Country, the Mohawk Valley, the 

12           Capital Region, the entire state.

13                  What I want to do is just go back to 

14           COVID for a minute and talk about that 

15           impact.  Yes, COVID impacted all of us.  Yes, 

16           it impacted their education.  But really what 

17           impacted their education is the decision to 

18           put them in their kitchen in front of a 

19           monitor, where their educators were miles 

20           away in front of another screen.  That failed 

21           miserably, and we hope that doesn't happen.

22                  What I want to ask you -- and this is 

23           my question.  Under this budget, we've made 

24           some gains.  That's good news.  Under this 


                                                                   85

 1           budget, if it is fulfilled, are we going to 

 2           gain anything in terms of the development of 

 3           the education of our kids which was lost, or 

 4           are we going to go back, slide back under 

 5           this particular budget?

 6                  What's your feeling about educational 

 7           development if we follow through on what we 

 8           see here?

 9                  NYSED COMMISSIONER ROSA:  Well, I 

10           think that -- you heard me make the comment 

11           about investment.  So anytime that we have -- 

12           you know, we're coming out of -- to your 

13           point, we're coming out of a crisis, right?  

14           Our children were in isolation, all kinds of 

15           mental health issues.  

16                  The disconnect -- and we are helping 

17           -- you know, it created an opportunity, when 

18           we came back into -- from hybrid to our 

19           students being in school, we had to create 

20           new entry points.  Because some of the kids 

21           were never in school and all of a sudden they 

22           found themselves -- to your point as a 

23           teacher, right, all of a sudden they were in 

24           second grade or third grade.  And then kids 


                                                                   86

 1           who had been maybe one year in middle school 

 2           found themselves in high school.  

 3                  All of those are -- those 

 4           social-emotional issues are real for many 

 5           children in terms of development.  They're 

 6           very real in terms of transitions.  So I know 

 7           that the last two years schools have worked 

 8           exceedingly hard -- teachers, guidance 

 9           counselors -- the teams that have looked at, 

10           to your point, mental health, have worked 

11           hard to create those reentry points, create 

12           these connections, a sense of belonging in 

13           those settings.  

14                  And at the end of the day, also, 

15           retooling our academic and -- even with 

16           attendance issues, right?  And, you know, the 

17           issue of how kids -- you know, the social 

18           conducts that schools support children 

19           with --

20                  SENATOR TEDISCO:  I don't want to cut 

21           you short, but I've got a minute and 

22           28 seconds, so I want to ask one more 

23           question.

24                  NYSED COMMISSIONER ROSA:  Sure.


                                                                   87

 1                  SENATOR TEDISCO:  You talked about 

 2           reserves.  In this particular budget, as 

 3           we've cut all these school districts, 

 4           $2.4 billion for the migrant concerns; 

 5           500 million in reserves.  Reserves for those 

 6           who are here through no fault of their own -- 

 7           it's a border problem.  I'm not sure the 

 8           process they're using really assimilates 

 9           anybody, it probably just kicks the can down 

10           the road, pawns on a chessboard.  No reserves 

11           for our educational system.  

12                  This is my question.  Many school 

13           districts have taken on the migrant children.  

14           Does the state or federal government provide 

15           current-year funding to mitigate the cost of 

16           educating those children?  We have school 

17           boards that put together a budget, $26,000 

18           per student.  They get this influx, the money 

19           isn't there for teachers of a second 

20           language.  What do you say about that?  

21                  NYSED COMMISSIONER ROSA:  Well, you 

22           heard me say in my statement that we should 

23           have, you know, monies to -- not to wait till 

24           next year, you know, when the children -- but 


                                                                   88

 1           rather have the money right up front.  

 2                  So my suggestion is that when you have 

 3           these kinds of situations, you need the money 

 4           up-front to --

 5                  SENATOR TEDISCO:  I have a bill that 

 6           would require that.  Any new students which 

 7           come in, English as a second language, 

 8           special education needs, under this problem, 

 9           should be fully funded -- not by local 

10           taxpayers, but from the money they've already 

11           sent to us.  Because they billed budgets, and 

12           they're elected officials, the school boards, 

13           and it shouldn't fall on their backs.

14                  Thank you so much, Commissioner.

15                  CHAIRWOMAN KRUEGER:  Thank you.  

16                  Assembly.

17                  ASSEMBLYMAN BENEDETTO:  Ms. Hyndman, 

18           do you have a question?  

19                  (Inaudible exchange; laughter.)  

20                  ASSEMBLYWOMAN HYNDMAN:  Good morning.

21                  PANELISTS:  Good morning.

22                  ASSEMBLYWOMAN HYNDMAN:  Good morning, 

23           Dr. Rosa and your team.  Thank you so much 

24           for your testimony this morning.  


                                                                   89

 1                  I will not ask about Foundation Aid.  

 2           I agree with most of my colleagues in that 

 3           this change -- changing of the formula is -- 

 4           we need a longer runway to make sure that 

 5           it's delivered to all of our districts 

 6           correctly.

 7                  A couple of my questions -- and I only 

 8           have three minutes, so I'll take them 

 9           afterwards if possible.  While the Governor 

10           did put in money for increased staffing, I 

11           believe in IT, what other deficiencies for 

12           staffing needs does NYSED have?  

13                  And what -- my other question is the 

14           costs associated with the new FAFSA  

15           requirement, while a lot of us think that's 

16           good, what financial burden will that be on 

17           the State Education Department?  If you could 

18           also tell me, when it comes to the Consortium 

19           for Worker Education, how many employees are 

20           in that department and what determines 

21           success?

22                  I did see a decrease in the allotment 

23           for the Governor's budget and for CWE.  Also 

24           for My Brother's Keeper, maintaining it at 


                                                                   90

 1           18 million.  We're seeing an increase -- and 

 2           many colleagues have talked about this, is 

 3           not only My Brother's Keeper but districts 

 4           have expanded it to My Sister's Keeper and 

 5           are using the monies to help with 

 6           rites-of-passage programs and mentoring and 

 7           as well as the parent education component.

 8                  And my last question, when it comes to 

 9           CTE, I noticed you talked about BOCES.  And 

10           being a New York City member, we have seen 

11           the benefits at Thomas Edison High School and 

12           the CTE programs and the automatic workforce 

13           placement of those high school graduates has 

14           been instrumental.  But the certification of 

15           teachers has been very hard, as well as 

16           funding for CTE programs.  

17                  And my last question, which I will 

18           take offline, I'm wholly concerned about the 

19           deficits in the charter school oversight part 

20           of -- I didn't realize how much work you all 

21           did in regards to SUNY oversight.  I think 

22           that's something that we absolutely have to 

23           fix.  We get lots of complaints from parents 

24           about oversight and the charter schools as 


                                                                   91

 1           far as SED, the Regents and SUNY is 

 2           concerned, and we really need to make sure we 

 3           start tackling the oversight.  Because 

 4           complaints -- it's like there's no complaint 

 5           department for parents when it comes to a lot 

 6           of charter schools.

 7                  Thank you.

 8                  NYSED COMMISSIONER ROSA:  So I'm going 

 9           to start very quickly to share with you that 

10           we do have some exhibits that we can share 

11           with you and others in terms of our staffing.  

12           So that's an easy one to give you.  So this 

13           way we don't -- you know, we don't answer to 

14           that one.

15                  The CTE piece is something that we 

16           are -- we always put --

17                  ASSEMBLYWOMAN HYNDMAN:  Oh, wow.  

18           Offline.

19                  NYSED COMMISSIONER ROSA:  We will give 

20           you lots of {inaudible}.

21                  CHAIRWOMAN KRUEGER:  Okay, Senator 

22           Michelle Hinchey.

23                  SENATOR HINCHEY:  Hello.  Thank you 

24           very much.  I want to start, Commissioner, by 


                                                                   92

 1           thanking you for your comments on what I 

 2           think many of us believe is an absolutely 

 3           outrageous Foundation Aid proposal.  And I 

 4           want to thank my colleagues for their 

 5           questions and focus on this issue too.

 6                  I represent, in the 41st District, 

 7           31 different school districts, and all but 

 8           six of them are seeing extreme cuts.  We have 

 9           a total of over $17 million in cuts in my 

10           district alone.

11                  I want to focus on one school 

12           district, though -- but many of them are 

13           doing this.  We have one school district that 

14           is facing a $3 million cut itself, and we 

15           know that the existing Foundation Aid formula 

16           as it exists today has not been working for 

17           them to this date.  And they've already put 

18           forward a proposal to close two elementary 

19           schools in order to actually save money, 

20           because it's not sustainable.

21                  So now in a rural district that covers 

22           multiple towns, actually spans two different 

23           counties, they're closing two elementary 

24           schools to save money and now, on top of 


                                                                   93

 1           that, in this proposed budget would be seeing 

 2           another $3 million in cuts to their district.

 3                  I fully agree and appreciate that we 

 4           should have a longer runway but also a real 

 5           study of what should happen and how we should 

 6           update this current Foundation Aid formula 

 7           and how we fund our schools.  In the proposal 

 8           that you're thinking about and promoting, 

 9           what inclusion in there is for school 

10           districts like mine that have already closed 

11           different schools, particularly elementary 

12           schools?  When I think of the travel time for 

13           our young kids on the buses while they're 

14           traveling to schools multiple, multiple, 

15           multiple miles away -- some upwards of 

16           40 minutes -- is that taken into account in 

17           what -- any study that would be going 

18           forward?  How are you looking at schools that 

19           are already taking those cost-cutting 

20           measures?

21                  NYSED COMMISSIONER ROSA:  Sure.

22                  So very quickly, we have been taking 

23           into account everything from staffing to, you 

24           know, the issue of transportation costs, 


                                                                   94

 1           distance, buildings, maintenance of 

 2           buildings, consolidation -- all of those 

 3           things.  Regionalization, especially in the 

 4           high school piece.  

 5                  I mean, all of these elements are part 

 6           of the conversation that we want to study and 

 7           we want to make sure that we have the input 

 8           of the various districts that are going 

 9           through this.  

10                  Several districts are going through 

11           reorganizing for efficiencies because they 

12           know long-term, you know, this is going to be 

13           a problem.

14                  SENATOR HINCHEY:  And the processes 

15           that they've already taken would be taken 

16           into account in this new proposal.  

17                  NYSED COMMISSIONER ROSA:  Mm-hmm.  

18           Yes.

19                  SENATOR HINCHEY:  Thank you.  I don't 

20           want to repeat the questions of my 

21           colleagues, but I appreciate the study.

22                  We made a historic investment in 

23           school meals.  Wondering if in a very short 

24           period of time you can talk about what you've 


                                                                   95

 1           seen, the impacts you've seen in terms -- 

 2                  NYSED COMMISSIONER ROSA:  Sure.  And I 

 3           think we have it.  We put it in our testimony 

 4           as well in terms of what we believe, given 

 5           the fact that the issue --

 6                  SENATOR HINCHEY:  Positive?  Has it 

 7           been positive?  

 8                  NYSED COMMISSIONER ROSA:  Positive.  

 9                  (Laughter.)

10                  PANELIST:  Very positive.

11                  CHAIRWOMAN KRUEGER:  Assembly.  

12                  ASSEMBLYMAN BENEDETTO:  Mr. Otis.

13                  ASSEMBLYMAN OTIS:  Thank you, 

14           Mr. Chair.

15                  Thank you, Commissioner and team.  

16                  I have a few topics I'll hit briefly.  

17           First, I want to compliment a proposal you 

18           have in your testimony and maybe suggest that 

19           we include it in our budget, which is to 

20           create an EV bus working group to get more 

21           resources and state expertise to school 

22           districts on the transition to EV buses.

23                  So you don't need to comment.  Good 

24           proposal; let's see if we can get it done.


                                                                   96

 1                  On the Special Acts school districts 

 2           rate-setting, one question is, I think that 

 3           while there's a plan for getting the study 

 4           done, do you have a a dollar value on what 

 5           just the inflation rate increase should be 

 6           for this year?  Because I don't think it's 

 7           included in the budget, and we want to make 

 8           sure that these school districts who are 

 9           already way behind aren't losing even more 

10           ground.

11                  NYSED CFO COUGHLIN:  We can share an 

12           estimate with you afterward.  Thank you.

13                  ASSEMBLYMAN OTIS:  Okay, that would be 

14           great.  Just a quick comment on the reserve 

15           fund issue which a number of people have 

16           touched on.  We changed a few years ago the 

17           percentage from 3 percent to 4 percent.  

18           Four percent is still not enough for school 

19           districts to be able to weather an unexpected 

20           capital cost -- a boiler goes out, other 

21           things.  

22                  And so no one should be thinking that 

23           reserves are there to supplement programming 

24           even in an off year.  Their ratios, by 


                                                                   97

 1           Moody's standards, are too low.

 2                  A question in terms of -- we've had 

 3           some discussion about curriculum and stuff.  

 4           I want to make a pitch for earlier-grade 

 5           science and technology education.  And I know 

 6           this is something that you have in your 

 7           standards.  But any comments on how that 

 8           dialogue is going with school districts?  

 9                  What I hear from STEM programs is the 

10           earlier you get the kids into science and 

11           tech education, the better the outcomes.

12                  NYSED COMMISSIONER ROSA:  Sure.  I'm 

13           going to start and then, because science 

14           is -- this year is our -- as you know, we've 

15           moved ahead with our science standards and 

16           this year the fifth- and eighth-graders are 

17           taking their exam.  

18                  The one thing with science that's just 

19           wonderful is that the early grades -- you 

20           know, an issue like measurement, early on 

21           projects very much experiential for our young 

22           children.  They start to conceptualize the 

23           whole notion of really touching it, feeling 

24           it, seeing it, understanding it.  It is the 


                                                                   98

 1           fundamental issue of deep learning starts at 

 2           that grade.

 3                  And science -- math, science, and 

 4           really truly getting kids to do these 

 5           hands-on so that -- going back to what -- we 

 6           talked about our standards.  If we can get at 

 7           the early ages, applied learning in the 

 8           sciences --

 9                  ASSEMBLYMAN OTIS:  Thank you.

10                  NYSED COMMISSIONER ROSA:  We'll 

11           continue it.  But -- very exciting issue.

12                  ASSEMBLYMAN OTIS:  Thank you all.

13                  (Inaudible; laughter.)

14                  CHAIRWOMAN KRUEGER:  Robert Jackson.

15                  SENATOR JACKSON:  So good morning.  

16           And let me first thank you for coming here.

17                  And my first question for you, 

18           Commissioner, is looking within the budget, 

19           at things that you have to do that are new, 

20           and understanding that your increase in your 

21           budget is only 2.6 percent, can you get 

22           everything that is needed in the time that is 

23           expected so our children are not negatively 

24           impacted?  That's my first question for you.  


                                                                   99

 1           And the answer's yes or the answer's no.

 2                  NYSED COMMISSIONER ROSA:  So that is a 

 3           broad question.  And my answer is, can I get 

 4           everything?  Absolutely not.  Now, you know, 

 5           I keep going back to the point of investment, 

 6           investment, investment.  Right?  If we want 

 7           to do this and do -- have a real commitment 

 8           to educating our children in a way that our 

 9           children -- you know, we respond to their 

10           needs, we need to invest.

11                  SENATOR JACKSON:  Yeah, I heard you 

12           mention that several times when people asked.  

13           And I totally agree with you.

14                  And let me go to the next question 

15           quickly.  How important is class size in 

16           dealing with our children's education?  I 

17           know that my kids used to go to a school 

18           where their classes had 35, 40 kids in a 

19           class.  And how important is class size 

20           reduction that's mandated in the law for 

21           New York City?

22                  NYSED COMMISSIONER ROSA:  Well, first 

23           of all, the fact of the matter is, as you 

24           know in New York City in particular, I am 


                                                                   100

 1           responsible and I have been monitoring the 

 2           class size issue.

 3                  Class size is extremely important for 

 4           the very reason that many children, whether 

 5           they're special-needs, English language 

 6           learners, or children that really need the 

 7           kind of individualized attention -- class 

 8           size matters because, as most of us know, it 

 9           matters in private schools.  It should matter 

10           in public schools.

11                  SENATOR JACKSON:  My next question is 

12           regarding there's a big issue in New York 

13           City on mayoral accountability, or mayoral 

14           control.  How important is it to have 

15           education advocates, people that have been on 

16           the frontline for decades fighting for 

17           various aspects as far as accountability, 

18           curriculum -- how important is it to have 

19           those individuals and parents engaged in the 

20           development of policy changes that we must 

21           implement?

22                  NYSED COMMISSIONER ROSA:  I think that 

23           every system should have the -- parental 

24           involvement as part of the equation for any 


                                                                   101

 1           district, any school, any society.

 2                  SENATOR JACKSON:  Thank you.  I just 

 3           want to -- my colleague in the next room from 

 4           me, State Senator Mark Walczyk, Indian Lake, 

 5           one of his school districts, is losing 

 6           43.5 percent of their budget.  That's totally 

 7           unacceptable under any standard.  I just want 

 8           to raise that point on his behalf since he's 

 9           not here.  I know if he was here, he would be 

10           here advocating for the children of his 

11           district.

12                  CHAIRWOMAN KRUEGER:  Thank you.  Thank 

13           you, Robert Jackson.

14                  Assembly.

15                  ASSEMBLYMAN BENEDETTO:  Finishing one 

16           Jackson, going to Mrs. Jackson.

17                  ASSEMBLYWOMAN JACKSON:  There we go.  

18           Happy Black History Month, everyone.  

19                  Okay.  As a licensed social worker, 

20           former high school social worker in a CTE 

21           school, I can say CTE works, Community 

22           Schools work, Teacher Centers work.  So we 

23           should be funding them so that it doesn't 

24           feel like a lottery where one student or one 


                                                                   102

 1           teacher has access and is able to get in over 

 2           another. 

 3                  We spent $26,500 per student, 85 

 4           percent higher than the national average, but 

 5           Black, brown and students living in poverty 

 6           have a dropout rate such as 6 percent for 

 7           Latinos, 5 percent for Black students, poor 

 8           students, 6 percent and English language 

 9           learners at 16 percent.  Can you speak to how 

10           our budget impacts Black, brown and students 

11           living in poverty?  

12                  And then lastly, if you can tell me 

13           would you agree that we need to restore the 

14           $21.4 million for Teacher Resource and 

15           Computer Training Centers?

16                  NYSED COMMISSIONER ROSA:  Sure.  So 

17           let me start by saying -- again, I'm putting 

18           my Bronx principal's hat on, and 

19           superintendent's hat on.  And clearly I do 

20           totally agree that we have communities that 

21           have additional needs that have to be 

22           provided beyond, you know, your 

23           standardization of needs sometimes.  Right?

24                  So I do agree with you that CTE is 


                                                                   103

 1           something we've advocating in the department, 

 2           and it's an essential component of 

 3           opportunities for our children.  Sometimes we 

 4           look at models of what we should be providing 

 5           and we always talk about access and 

 6           opportunities.  If we don't provide our kids 

 7           with access and opportunities, obviously we 

 8           are leaving them behind.  And in many places 

 9           that is the case.

10                  So additional resources, again, ways 

11           of creating the kinds of access to these 

12           programs that our children can connect with 

13           and be successful and join society as 

14           contributors.  So that's one key thing, and 

15           that's a plug for CTE for sure.

16                  Your second question about, you know, 

17           from the social worker's perspective, again, 

18           social worker resources for counseling, 

19           right, for making the right decisions in 

20           schools in terms of next steps, you know, 

21           whether it's college and/or career or both, 

22           is essential to have these individuals as 

23           part of the equation for success.

24                  ASSEMBLYWOMAN JACKSON:  So you think 


                                                                   104

 1           that we should restore the 21.4 million for 

 2           Teacher Resource and Computer Training 

 3           Centers?

 4                  NYSED COMMISSIONER ROSA:  Correct.

 5                  ASSEMBLYWOMAN JACKSON:  Okay, great.

 6                  And then for your justice-involved 

 7           students, what do you think we should be 

 8           doing for them?

 9                  NYSED COMMISSIONER ROSA:  I'm sorry, 

10           the what?

11                  ASSEMBLYWOMAN JACKSON:  The 

12           justice-involved students, the students that 

13           are --

14                  NYSED COMMISSIONER ROSA:  Oh, 

15           absolutely.  I think we had -- in our --

16                  ASSEMBLYWOMAN JACKSON:  Yes.

17                  NYSED COMMISSIONER ROSA:  -- program 

18           you saw the plan for a hybrid -- you know, a 

19           school that we would create -- it's in our 

20           plan.  More than glad to share that with you.

21                  CHAIRWOMAN KRUEGER:  Thank you.

22                  Next is our ranker, Senator Murray.

23                  SENATOR MURRAY:  Thank you.

24                  And thank you all for being here.


                                                                   105

 1                  I'm not going to delve too much into 

 2           the funding issue.  We've covered that.  I 

 3           will say this, as far as the CPI and the 

 4           so-called smoothing, I think it's absurd.  

 5           That's a financial snapshot of the current 

 6           situation.  We should be taking it for the 

 7           year that it is, not rounding it or smoothing 

 8           it for an eight-to-10-year average.  I think 

 9           it's absurd.

10                  But moving on, back to an issue that 

11           was brought up before, the Healthy Meals for 

12           All.  We made steps, but not enough.  We 

13           didn't get there, which is again a shame.

14                  How many New York schoolchildren are 

15           still going hungry because we did not fully 

16           fund all meals for all?

17                  NYSED COMMISSIONER ROSA:  I don't know 

18           specific to how many children in total.  But, 

19           you know, if we look at -- and I think under 

20           our deputy, the nutrition issue is critical.  

21           And obviously we know that the issue of many, 

22           many children, particularly in the urban 

23           centers and some of the rural places, that is 

24           the case.


                                                                   106

 1                  So we are very much alarmed about this 

 2           issue of, you know, when we have children 

 3           that are coming to school and this is the 

 4           meals that they depend on -- and, you know, 

 5           education, obviously any of us sitting around 

 6           being hungry when you're trying to focus or 

 7           whatever, it is a critical crisis, and it's 

 8           an essential part of educating our children.  

 9           Feeding our children, making sure that they 

10           are nutritionally healthy, is key.

11                  And the fact that we are way -- I 

12           mean, we're less -- a little bit less than 

13           half -- I think we're trying to get to 

14           302 million would be feeding all of our 

15           children and -- yeah.

16                  SENATOR MURRAY:  How far off are we?

17                  NYSED COMMISSIONER ROSA:  We're off 

18           about -- I think 180, 182?

19                  DEP. COMMISSIONER JOHNSON-DINGLE:  We 

20           would need 125 million in order to completely 

21           provide universal free meals for all 

22           students.  

23                  Currently our Community Eligibility 

24           Provision Program is feeding and making 


                                                                   107

 1           school breakfast and lunch available to about 

 2           86 percent of students across the state.

 3                  NYSED COMMISSIONER ROSA:  We can give 

 4           you the exact number, because we've done the 

 5           analysis of it.

 6                  SENATOR MURRAY:  That would be great.  

 7           Thank you, I appreciate that.

 8                  And now switching gears, Commissioner, 

 9           you just -- a couple of minutes ago I kind of 

10           wrote down the quote.  I hope I got it exact.  

11           But parental involvement -- you were talking 

12           about parental involvement -- is needed in 

13           any school, any district, or even society.

14                  Well, I'm having parents that are a 

15           little concerned, because we've heard for 

16           years we need parents to be more involved.  

17           But when they try to, they feel like they're 

18           getting shunned a little bit.  For example, 

19           with the vaccinations -- and I'm not going 

20           down the rabbit hole of good, bad or 

21           indifferent.  But medical exemptions, even 

22           those are a little bit difficult at times, 

23           we're finding.  But the -- got rid of the 

24           religious and philosophical exemptions.  Any 


                                                                   108

 1           sign of those coming back, giving parents a 

 2           little more control over the health of their 

 3           children?

 4                  NYSED COMMISSIONER ROSA:  Well, I 

 5           think, you know, the idea here is that we all 

 6           collectively are engaged in laws that are in 

 7           place, right?  Vaccination.  And the greater 

 8           society looks at, right, these are the things 

 9           that are in place in order to protect our 

10           children.

11                  I think that the dialogues are 

12           essential in understanding, because sometimes 

13           you and I know, whether it's media or whether 

14           it's, to your point, belief system and all of 

15           that -- so, you know, while we have the 

16           exemptions, while we have ways of addressing 

17           these issues, going back to your point, 

18           parental involvement doesn't necessarily mean 

19           that you end up with consensus and agreement 

20           and all of that.

21                  And for our school districts and our 

22           state, we follow the law.

23                  SENATOR MURRAY:  Sure.  I think 

24           it's -- a lot of them I've heard from, and 


                                                                   109

 1           it's not just about the vaccinations.  It's 

 2           about certain materials that are available in 

 3           school in some of the libraries.  They feel 

 4           like they're not being heard then.

 5                  And I'm finding from district to 

 6           district, it varies, where maybe it 

 7           shouldn't.  Maybe we do have to have an 

 8           overall policy that is pretty concrete that 

 9           can be followed so that parents feel like 

10           their voices are being heard.

11                  I've witnessed some in some districts, 

12           and I won't name names, where parents have 

13           just been shut down completely.  You know, 

14           "yessed" and then shut down.  And that's it.  

15           And nothing happens in their favor.  

16                  I think we need to open things up and 

17           get more parents more involved by listening 

18           to what they have to say.  Not necessarily 

19           agreeing, but at least listening.

20                  NYSED COMMISSIONER ROSA:  Totally 

21           agree.

22                  SENATOR MURRAY:  Thank you.

23                  CHAIRWOMAN KRUEGER:  Thank you.

24                  Assembly.


                                                                   110

 1                  ASSEMBLYMAN BENEDETTO:  Assemblyman 

 2           Sayegh.

 3                  ASSEMBLYMAN SAYEGH:  Okay, thank you 

 4           very much, Commissioner.

 5                  You know, we've had the pleasure of 

 6           working together in my role as board 

 7           president, Big 5, and as an educator for some 

 8           40 years.  And many of my colleagues and the 

 9           educational chairs, both in the Assembly and 

10           the Senate, repeated the concerns about the 

11           need to modify funding.  And I think all of 

12           us agree, equity in education is very 

13           important.  And there's so many instances 

14           where there's a lack of equity because of 

15           inequity in funding.

16                  And there's a number of pieces of 

17           legislation that are already before the 

18           Assembly and the Senate that deal with trying 

19           to fix some of the issues.  And I'm just 

20           concerned that it's been like some four or 

21           five years we're talking about fixing the 

22           budget formula and making it more equitable, 

23           and then we hear funding was made available, 

24           then it wasn't proceeded with, and therefore 


                                                                   111

 1           things were put on hold.  And then we hear 

 2           that there's a target as important as 

 3           special ed is, the target is on reviewing 

 4           special ed.

 5                  But the legislation and the needs go 

 6           beyond.  And as educators, we all know that 

 7           the cost of educating a special ed child is 

 8           not one and a half times, it's really -- 

 9           anybody that knows that you've got to split 

10           children in smaller classes, your facility 

11           cost is doubled, your staffing cost is 

12           doubled.  Educating ESL, English language 

13           learners, your cost is doubled.

14                  So the funding proposals deal with 

15           looking at criterias like enrollment and 

16           regional wealth and looking at the percentage 

17           of special ed students that has been growing 

18           nearly by 10 percent and more in many 

19           districts, and also English language 

20           learners.  

21                  My concern is this new study that 

22           we're beginning to look at, are we looking at 

23           existing legislation?  Are we taking into 

24           consideration, for example, that something as 


                                                                   112

 1           simple as the census count that we use 

 2           presently is the 2000 Census?  So something 

 3           as simple as saying let's use the most recent 

 4           2020 Census that makes more sense as to 

 5           social demographics.  

 6                  Also, Building Aid.  Schools in older 

 7           school districts all across the state, 

 8           because of the inequity, can't even address 

 9           the growing size of classroom space necessary 

10           for students.

11                  And finally, my concern is with the 

12           migrants costing us $2.4 billion, are we 

13           planning to bring legal action?  Because in 

14           my opinion the bulk of that fund is 

15           education.  

16                  So I know you don't have the time to 

17           respond, but please take that into 

18           consideration.

19                  CHAIRWOMAN KRUEGER:  Thank you.

20                  Senator Jabari Brisport.

21                  SENATOR BRISPORT:  Thank you.

22                  And thank you all for your testimony.

23                  Just a quick question about the 

24           changes to Foundation Aid.  It's my 


                                                                   113

 1           understanding that, top line, the changes 

 2           proposed by the Executive, we would have been 

 3           expecting around 926 million had they not 

 4           done that.  But it will be a 507 million 

 5           increase.

 6                  Has the Executive or anybody from 

 7           their team explained to you why they made 

 8           these changes to decrease?

 9                  NYSED COMMISSIONER ROSA:  Well, we've 

10           had conversations.  I just have to say 

11           up-front, I know I had a conversation with 

12           the budget director one on one.  We've had 

13           some reviews.  We've had some conversations 

14           with Maria Fernandez, who is the liaison.  

15                  So we've had conversations in terms of 

16           the information.  But you're asking about 

17           explaining, your question.  

18                  SENATOR BRISPORT:  Yes, did they 

19           explain why.

20                  NYSED CFO COUGHLIN:  I would say the 

21           Governor is obligated to issue an 

22           Executive Budget that is balanced by the 

23           State Constitution.  So our colleagues in the 

24           Division of Budget have to come at the state 


                                                                   114

 1           budget with that framing.  And it's a good 

 2           thing in New York that school aid is the 

 3           biggest piece of our General Fund 

 4           expenditures, but that means when times are 

 5           tough, it's hard to avoid looking at school 

 6           aid.  We would hope that the Legislature's 

 7           actions would restore some of these cuts.

 8                  There wasn't a conversation about why 

 9           they went in one direction or the other, so 

10           we couldn't speak to that.

11                  SENATOR BRISPORT:  Thank you.

12                  And in terms of balancing the budget, 

13           the state also has the ability to raise taxes 

14           on the wealthy, to increase the revenue.  If 

15           we were able to tax the rich and increase 

16           revenue, do you think we could restore some 

17           of these cuts?

18                  NYSED CFO COUGHLIN:  Those are 

19           legislative actions we would defer to you.

20                  SENATOR BRISPORT:  Thank you.

21                  And for the ask for the $1 million to 

22           study Foundation Aid, is there a timeline for 

23           that?

24                  NYSED COMMISSIONER ROSA:  We've been 


                                                                   115

 1           asking for this for a while.  We're hopeful 

 2           that this year, given the situation we find 

 3           ourselves in, that that will be -- you know, 

 4           obviously it wasn't funded, so we're hoping 

 5           that we can get an agreement that we get the 

 6           funding to do it.

 7                  SENATOR BRISPORT:  Sorry, I'm asking 

 8           if the funding were granted, how long would 

 9           the study take?

10                  NYSED COMMISSIONER ROSA:  Oh, I'm 

11           sorry, I thought you said -- well, if the 

12           study -- if we find out tomorrow -- no -- 

13                  (Laughter.)

14                  NYSED COMMISSIONER ROSA:  -- that the 

15           funding is there and that we would do the 

16           study, I think we have looked at the 

17           possibility of we've done some low-hanging 

18           fruits already.  We have to bring in an 

19           external partner.  We have to work with our 

20           stakeholders.  

21                  So I would say realistically we're 

22           looking at at least two years to do these.

23                  NYSED CFO COUGHLIN:  I would say two 

24           years.


                                                                   116

 1                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

 2           Two, three, four.

 3                  NYSED CFO COUGHLIN:  Even the 

 4           procurement process for a vendor takes time 

 5           for the state --

 6                  NYSED COMMISSIONER ROSA:  Because 

 7           we've got to put it out for -- yeah.

 8                  So most of you know the RFP process is 

 9           challenging.

10                  SENATOR BRISPORT:  Thank you.  

11                  CHAIRWOMAN KRUEGER:  Thank you.  

12                  Assembly.

13                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

14           Jean-Pierre.

15                  ASSEMBLYWOMAN JEAN-PIERRE:  (Mic 

16           issues.)  These don't work for us.  There we 

17           go.  

18                  Good morning, and thank you for being 

19           here.  And it's great to see one of my 

20           Long Island -- Angelique as part of the team.

21                  So I first want to thank you for your 

22           support with the monitor that we have in 

23           Wyandanch School District.  When we started 

24           we were in a fiscal deficit, and now we are 


                                                                   117

 1           in a surplus, so monitors do work.

 2                  And I also want to touch base on -- 

 3           one of the colleagues mentioned the teacher 

 4           turnover.  And on Long Island we've seen a 

 5           massive turnover in the East End.  Last year 

 6           we saw dozens of teachers leave Amityville 

 7           School District.  And we've also seen the 

 8           Comptroller's report where we are at the top 

 9           of the fiscally distressed.  

10                  So I want to see how we can work 

11           together to help.  And again, I just want to 

12           reiterate that monitors do work.  And we need 

13           to look at how we can give some of these 

14           monitors veto power.  So we could talk about 

15           that more.

16                  I just want to push on the CTE.  I 

17           really like that you mentioned CTE, because 

18           the CTE programs really work on Long Island.  

19           And our kids are learning exceptional -- from 

20           cosmetology to mechanics, and they're taking 

21           those levels and moving on forward to 

22           vocational schools.  So please support CTEs.  

23                  And the school runs are -- and the 

24           shortages are terrible, and we need to make 


                                                                   118

 1           sure that we're funding.  And these are 

 2           hurting the most needy school districts.  And 

 3           we've seen them, they're particularly in my 

 4           district too.  So I would love to see the 

 5           support around increasing funding.  And the 

 6           Foundation Aid, I think we need a longer run.

 7                  NYSED COMMISSIONER ROSA:  So thank you 

 8           for the issue with the monitors.  

 9                  And so let me start with the veto 

10           power.  We do have one district that has, as 

11           you know, two monitors with veto power:  

12           East Ramapo.  And the rest have monitors and 

13           we're constantly -- and by the way, just so 

14           that you know, we get no funding, the 

15           department gets zero funding to do these 

16           ongoing weekly meetings and conversations to 

17           monitor the monitors.

18                  So -- but you're a hundred percent 

19           correct that monitors do work.  And, you 

20           know, we go through stages before we get to 

21           monitors with veto power.

22                  But in the budget itself, the monitors 

23           were not -- we're not funding, just to keep 

24           that as a clear indication that those 


                                                                   119

 1           investments have to also happen.

 2                  ASSEMBLYWOMAN JEAN-PIERRE:  And in my 

 3           last 20 seconds I do want to say when we were 

 4           searching for monitors, these qualifications 

 5           are very difficult to find, and we need to 

 6           figure out a way that we are helping folks 

 7           get their qualifications to become monitors, 

 8           because we've seen distress and fiscal issues 

 9           all across the state.

10                  NYSED COMMISSIONER ROSA:  Agreed.

11                  Thank you.  

12                  CHAIRWOMAN KRUEGER:  Thank you.

13                  Our next testifier -- no, excuse me, 

14           our next questioner will be Cordell Cleare.

15                  SENATOR CLEARE:   Good morning.  

16                  My question is -- well, happy Black 

17           History Month.  So I do want to ask about 

18           that in our curriculum.  I do -- I would like 

19           to hear where we are in New York State with 

20           the Black History.

21                  DEP. COMMISSIONER JOHNSON-DINGLE:  Got 

22           it.  Thank you.  

23                  So there are quite a few things.  I do 

24           want to point out in general, our standards 


                                                                   120

 1           do uplift the history of all people across 

 2           the state.  But particularly because this is 

 3           Black History Month, we are happy to share 

 4           about a program that we're participating in, 

 5           in conjunction with the Cultural Education 

 6           Center, where we are going to exhibit the 

 7           Emancipation Proclamation, we are going to 

 8           release resources through a social media 

 9           hashtag that we have created for schools, to 

10           encourage the conversation around not just 

11           the importance of the Emancipation 

12           Proclamation, but also a speech that 

13           Martin Luther King gave right here in the 

14           State of New York about the importance of the 

15           Emancipation Proclamation.  

16                  So through our Diversity, Equity and 

17           Inclusion, DEI, Office, in addition to our 

18           Standards and Instruction Office, there are a 

19           number of resources that we will be sharing, 

20           actually starting on Monday.  So thank you 

21           for that.

22                  SENATOR CLEARE:  Okay.  And ongoing, 

23           the daily education of our children, are we 

24           teaching Black History to all of our 


                                                                   121

 1           students?  Because it is American history.

 2                  NYSED COMMISSIONER ROSA:  Yes.

 3                  DEP. COMMISSIONER JOHNSON-DINGLE:  

 4           Yes, it is.

 5                  SENATOR CLEARE:  Okay.  And then I 

 6           just saw here -- I know you testified a 

 7           little bit on the influx of immigrants into 

 8           our school districts.  I represent a district 

 9           where we have many, many thousands of new 

10           families.  

11                  I just want to know if you can explain 

12           the -- how the funding was divided, how did 

13           we come upon supporting our schools, because 

14           we know their budgets are in already and 

15           students are constantly coming.  So how are 

16           we supporting those schools?  

17                  NYSED COMMISSIONER ROSA:  So right 

18           before that, in my testimony I talked about 

19           making sure that the Regents and the 

20           department advance the issue of really 

21           getting those dollars up-front rather than 

22           waiting.  So that's one key issue.

23                  The second issue is that as this was 

24           happening, we had a designated individual in 


                                                                   122

 1           our department tracking not only incoming, 

 2           where they were landing.  And we even used 

 3           some of our funding from homelessness dollars 

 4           to support the districts as they were making 

 5           these transitions of bringing in the students 

 6           and welcoming them and working with English 

 7           language learners, you know, issues of 

 8           adjustment, entry points, a sense of really 

 9           -- you know, some of the kids had never even 

10           been to school.  Yeah.

11                  SENATOR CLEARE:  Thank you.  

12                  CHAIRWOMAN KRUEGER:  Thank you.  

13                  Assembly.

14                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

15           Pheffer Amato.

16                  ASSEMBLYWOMAN PHEFFER AMATO:  Good 

17           morning.  Good to see everyone.  

18                  And I just want to say for all my 

19           colleagues I support everything that's been 

20           said here regarding the budget that does not 

21           support our children.  I do want to give a 

22           plus-one to the My Sister's Keeper 

23           conversation.  I think we need to find a way 

24           to stream that all the time.


                                                                   123

 1                  But Commissioner, as you know, in 2022 

 2           the department issued regulations that every 

 3           non-public school in the state must 

 4           demonstrate that they are providing a 

 5           substantially equivalent education through 

 6           one of seven pathways.  Many of the pathways 

 7           have considerable expenses involved in 

 8           compliance, with the costs involved in 

 9           accreditation, administering testing or 

10           preparing for an LSA review.  

11                  The language of the statute states 

12           that the commissioner shall appropriate costs 

13           involved in the statewide evaluation plan.  

14           This seems to fit right into the category.  

15                  Will you be asking the Legislature and 

16           the Executive to include these costs in the 

17           basket of mandated services to reimburse 

18           schools for the cost of your mandate or 

19           demonstrating substantial equivalency?  

20                  NYSED COMMISSIONER ROSA:  Well, first 

21           of all, the substantial equivalency plan, as 

22           you know, we've been working with our 

23           advisory groups.  And the plan is due in 

24           December, I think this December, the final 


                                                                   124

 1           selection plan by design.

 2                  The nonpubs have -- and Christina will 

 3           speak to the nonpubs, you know, in terms of 

 4           the funding issue.  But in terms of -- to 

 5           your point, we are always looking to support 

 6           our nonpubs in terms of their educational 

 7           support systems, to make sure that the 

 8           children get the kind of education that they 

 9           deserve.

10                  NYSED CFO COUGHLIN:  And we'd be happy 

11           to work with you on your question.  

12                  But I would point out that the cost of 

13           state assessments, both through 338 exams and 

14           the Regents exams, are a part of mandated 

15           Services Aid now.  So those -- should a 

16           school decide to start administering those 

17           tests as part of this work, that would be 

18           supported already by the state.  If you 

19           wanted to expand that, we'd be happy to 

20           provide technical assistance.

21                  ASSEMBLYWOMAN PHEFFER AMATO:  So it's 

22           like a yes or a no.  So how do they bear the 

23           costs of paying for these mandates that are 

24           imposed?  Like how are we supposed to afford 


                                                                   125

 1           them?  I mean --

 2                  NYSED CFO COUGHLIN:  The schools have 

 3           an obligation to teach the students under the 

 4           state law.  And so then they would 

 5           demonstrate that.  And there's -- the 

 6           pathways approach that we took as part of 

 7           that new regulation was designed to provide a 

 8           number of new opportunities so that a 

 9           nonpublic school could find the one that 

10           worked best for it.  

11                  And I'm not working as closely with 

12           the non-public schools as I used to, because 

13           I've changed roles, but I know that I'm 

14           hearing from a lot of my colleagues in those 

15           communities that there's a lot of movement 

16           towards this.  And we're very optimistic 

17           about -- that the vast majority of schools 

18           are going to be able to get there.  

19                  You know, and for the -- with respect 

20           to new costs that they've done, you know, we 

21           look forward to helping them on that piece 

22           too.

23                  ASSEMBLYWOMAN PHEFFER AMATO:  We can 

24           talk more.


                                                                   126

 1                  Thank you.  Appreciate your answers.

 2                  CHAIRWOMAN KRUEGER:  Thank you.

 3                  Next up is Senator Oberacker.

 4                  SENATOR OBERACKER:   Thank you, 

 5           Madam Chair.

 6                  I'm going to throw a number at you:  

 7           29,967,516.  I want each and every one of you 

 8           in this room to remember that number:  

 9           29,967,516 -- the amount of dollars that is 

10           leaving my 51st Senate District.

11                  Some notables.  Jefferson Central 

12           School, Schoharie County, over 800,000.  

13           Roxbury Central School, Delaware County, over 

14           800,000.  Cherry Valley-Springfield School, 

15           over 850,000, Otsego County.  Franklin 

16           Central School, Delaware County, 970,000.  

17           And then Hancock Central School, Delaware 

18           County, 1.2 million.

19                  Commissioner, in your opening 

20           statement, and one of the principles that the 

21           Regents and SED has put out there, I think 

22           it's the second bullet point:  "Advance 

23           equity, excellence, diversity, inclusion and 

24           access to all."


                                                                   127

 1                  How do I go to my 61 schools in my 

 2           51st Senate District with the 29,967,516?  

 3           How do I say that that advances equity, 

 4           excellence, diversity, inclusion and access 

 5           for all?  

 6                  NYSED COMMISSIONER ROSA:  I would say 

 7           given, again, the fact that not only on the 

 8           analysis that we did, which you're referring 

 9           to, we did it on a district by district as 

10           well as your composite of your area.  

11                  And this is obviously a situation that 

12           collectively all of us have to address, 

13           because this clearly does have a substantial 

14           impact on this issue.

15                  SENATOR OBERACKER:  The word "equity" 

16           doesn't, I think, apply in this case.

17                  And my colleague Senator Liu talked 

18           about common sense.  I'd like to throw out 

19           another kind of a name:  Country sense.  

20           Because under country sense, this makes no 

21           sense.  

22                  And I'll revert back my time, my 

23           44 minutes -- minutes?  My 44 seconds.

24                  (Laughter.)


                                                                   128

 1                  SENATOR OBERACKER:  Thank you.

 2                  NYSED COMMISSIONER ROSA:  Thank you.  

 3                  CHAIRWOMAN KRUEGER:  Thank you.  

 4                  Assembly.  

 5                  ASSEMBLYMAN BENEDETTO:  Mr. Conrad.

 6                  ASSEMBLYMAN CONRAD:  Thank you, Chair.  

 7                  Thank you, Commissioner and your team.  

 8           You've been a great team to work with in 

 9           collaboration over the years.

10                  I again share the same comments as my 

11           colleagues here on the Foundation Aid issue, 

12           from the CPI comments to, you know -- and 

13           we'll add on the CVA cases that have impacted 

14           so many, and the zero-emission buses and 

15           so on.  I don't think we can belabor that any 

16           more.

17                  But one of the things that we touched 

18           on a little bit was this teacher recruitment 

19           discussion.  And we've been talking about 

20           this for some time.  And in your budget, your 

21           SED budget and proposal, you proposed several 

22           different things on teacher recruitment.  

23                  But I also want to touch on what are 

24           you doing right now, or what are you planning 


                                                                   129

 1           on doing for teacher recruitment and teacher 

 2           leaders?  Because that seems to be also a big 

 3           gap in our system, as we know that they have 

 4           such an impact in that building or in that 

 5           entire district.  Can you elaborate on that?

 6                  NYSED COMMISSIONER ROSA:  Sure.  

 7                  So on teacher recruitment, one of the 

 8           things that I'm sure you saw on our request 

 9           was with, you know, really looking at metrics 

10           and teacher org -- you know, ways of finding, 

11           ways of identifying, along with multiple 

12           pathways for teachers as well.  Right?  So 

13           that we know that identifying pipelines, 

14           teacher assistance, supporting them.  

15                  So for us, we've been really trying to 

16           figure out those pipelines leading to 

17           teachers, you know, coming into the 

18           profession, and tapping several of those.

19                  We have actually -- again, we can 

20           share, given the amount of time, different 

21           ways that we've done it through licensing.  

22           We continue to have internal conversations 

23           about how do we incentivize our teachers to 

24           come into this amazing space which -- you 


                                                                   130

 1           know, educating our students, as well as 

 2           creating a knowledge base, Teachers of 

 3           Tomorrow, TOC II, all of these programs that 

 4           we've been investing in is to really draw 

 5           individuals into the profession.

 6                  So we've made some really interesting 

 7           commitments and investments as part of 

 8           pulling in teachers as well as using, in HR, 

 9           you know, processes to make sure that we get 

10           the word out about this -- this process.

11                  SR. DEP. COMMISSIONER MATTESON:  I 

12           guess there's -- one ask in our particular 

13           proposal is that Teach.org is one of these 

14           recruitment tools like we'd like to contract 

15           with.  It's a $1.2 million ask.  And they 

16           have expertise and have shown demonstrated 

17           success in getting teachers from all walks of 

18           life into the profession.

19                  ASSEMBLYMAN CONRAD:  I would agree, 

20           teacher or principal.  

21                  And I'll throw one thing -- we talk 

22           about incentives.  There is a disincentive 

23           out there for teaching, and that's APPR.  I 

24           hope we can work on a local control 


                                                                   131

 1           component.  

 2                  NYSED COMMISSIONER ROSA:  And since -- 

 3           APPR will happen.  

 4                  (Laughter.)

 5                  ASSEMBLYMAN CONRAD:  Thank you.

 6                  CHAIRWOMAN KRUEGER:  We have Senator 

 7           Stec.

 8                  SENATOR STEC:  Thank you, Madam Chair.

 9                  Good morning.  I've only got three 

10           minutes, I'll try to do this as quickly as I 

11           can.

12                  Commissioner, were you consulted or 

13           involved or provide input into the Governor's 

14           Foundation Aid formula change in this budget?

15                  NYSED COMMISSIONER ROSA:  I was 

16           consulted about some of the things that the 

17           department -- for example, IT.  Some of the 

18           things that really are essential for our 

19           functioning.

20                  SENATOR STEC:  But not the elimination 

21           of the hold harmless?

22                  NYSED COMMISSIONER ROSA:  We were not 

23           consulted on that.

24                  SENATOR STEC:  Do you personally agree 


                                                                   132

 1           with the proposed elimination of the hold 

 2           harmless to the formula?  

 3                  NYSED COMMISSIONER ROSA:  Oh, no, I 

 4           just stated earlier -- 

 5                  SENATOR STEC:  Thank you.

 6                  NYSED COMMISSIONER ROSA:  Sorry.

 7                  SENATOR STEC:  In my 45th Senate 

 8           District, the North Country, 24 out of my 

 9           47 school districts will receive almost a 

10           total of $8 million of less aid due to the 

11           hold-harmless provision.  I won't bother you 

12           reading all 24 of the schools, but the ones 

13           that received double-digit cuts:  Keene, 

14           32 percent; Lake Placid, 42 percent; Minerva, 

15           25 percent; Newcomb, 46 percent; 

16           Schroon Lake, 17 percent; Boquet Valley -- 

17           I'll highlight Boquet Valley because that's 

18           another issue that we've got going on with 

19           State Ed that's financially important -- 

20           23 percent; Saranac Lake, 19 percent; 

21           St. Regis Falls, 11 percent; Clifton-Fine, 

22           24 percent; Parishville-Hopkinton, 

23           12 percent; Fulton Central School, 

24           41 percent; Hadley-Luzerne, 16 percent; 


                                                                   133

 1           Johnsburg, 20 percent; Lake George, 

 2           39 percent; North Warren, 25 percent; 

 3           Warrensburg, 10 percent.

 4                  These are devastating cuts.  Most of 

 5           the schools are in the Adirondack Park, which 

 6           means when you start calculating the formula, 

 7           guess what?  The State of New York does not 

 8           want more people living there, that hurts 

 9           them.  Number two, guess what?  The State of 

10           New York owns a lot of property there.  That 

11           affects their wealth ratio.

12                  Does anyone look at these runs before 

13           they put them out and fire up 337 school 

14           districts that are all staring at cuts in the 

15           face?

16                  (No response.)

17                  SENATOR STEC:  Never mind.

18                  Anyways, there's $167 million --

19                  NYSED COMMISSIONER ROSA:  You can 

20           tell -- you can tell --

21                  SENATOR STEC:  -- $167 million in 

22           hold-harmless losses.  

23                  Now, there is a $100 million in the 

24           Executive Budget below the line that's called 


                                                                   134

 1           supplemental assistance grants.  What is 

 2           that?  What is the hundred million dollars?  

 3           We're talking about $167 million cut.  What's 

 4           that hundred?  Is that hundred like money for 

 5           the majorities to decide what school 

 6           districts to give bumps to?

 7                  NYSED CFO COUGHLIN:  It's not 

 8           programmed as far as we know.

 9                  SENATOR STEC:  Which means the 

10           Legislature could program it and do whatever 

11           they wanted to with it?  I think we know how 

12           that'll go.

13                  All right, so if I could, I just want 

14           to remind my colleagues of last year what 

15           happened in the eFMAP debacle.  We were all 

16           fired up, both sides of the aisle, both 

17           houses rejected it in the one-house.  Then we 

18           went through February, March, no one talked 

19           about eFMAP again.  We talked a lot about 

20           bail reform, we talked a lot about housing, 

21           but all of a sudden at the last minute eFMAP 

22           took hundreds of millions of dollars when 

23           that final budget was approved in mid-April.

24                  I want to remind all my colleagues 


                                                                   135

 1           what happened and what we did to our 

 2           counties, and I want to make sure that we 

 3           don't let that happen, keep our eye on the 

 4           ball this time so it doesn't happen to our 

 5           schools.

 6                  CHAIRWOMAN KRUEGER:  Thank you.

 7                  Assembly.

 8                  ASSEMBLYMAN BENEDETTO:  Mr. De Los 

 9           Santos.

10                  ASSEMBLYMAN DE LOS SANTOS:  Thank you, 

11           Commissioner and your team, for your time and 

12           dedication to education.

13                  My question to you is I had been 

14           working -- I had worked for the 

15           Education Department and community schools 

16           for many years, and in my years I have 

17           experienced, unfortunately, a lack of 

18           commitment and investment into -- lack of 

19           parental engagement.

20                  What can the State Education 

21           Department do to engage more of the parents 

22           who are desperately -- who need services and 

23           have shown that they want to be involved in 

24           their kids' education?


                                                                   136

 1                  Also, can you commit to the creation 

 2           of a pilot program that will be fully 

 3           dedicated to working with parents throughout 

 4           the State of New York?

 5                  NYSED COMMISSIONER ROSA:  So we do 

 6           have -- I mean, we already have a parent -- 

 7           and I'm going to let Angelique -- we already 

 8           have a commitment in State Ed in terms of 

 9           parents and working with parents.  And it's 

10           community engagement.  So that's number one.

11                  Number two, even many of the -- for 

12           example, I think it was one of the 

13           legislators I spoke to about the whole 

14           science of -- you know, the literacy piece, 

15           that we would do a separate conversation with 

16           the parents, the same way we just finished 

17           across the state, that we would do the same 

18           for parents.

19                  And I'm going to let Angelique talk 

20           about that we already have it in the SED.  

21                  But I do think that parent involvement 

22           at the local level, supporting that through 

23           -- and by the way, one of our stakeholders 

24           that we meet with constantly is our PTA, and 


                                                                   137

 1           they are constantly taking the message back 

 2           and working diligently with many, many of the 

 3           communities that they're involved with.

 4                  ASSEMBLYMAN DE LOS SANTOS:  And what's 

 5           the name of the program, and is that program 

 6           working in conjunction with New York City 

 7           Public Schools?

 8                  NYSED COMMISSIONER ROSA:  Yes, so what 

 9           happens is we meet with them in terms of all 

10           the things that we're going through from our 

11           regions and all the information that we need 

12           on our RBERNS and our English, World 

13           Languages; also meet with the parents in 

14           terms of giving them, you know, support in 

15           their home language as well.

16                  ASSEMBLYMAN DE LOS SANTOS:  I have 

17           another question.  I know class size is 

18           important.  If you had an opportunity to 

19           speak with Chancellor Banks, what advice 

20           would you offer as it relates to class size?

21                  NYSED COMMISSIONER ROSA:  Well, we 

22           speak with him all the time, and he just 

23           submitted his plan.  And I just reviewed his 

24           plan, and we gave him feedback on his plan.  


                                                                   138

 1           More than glad to share that with you.

 2                  ASSEMBLYMAN DE LOS SANTOS:  Thank you.  

 3           Thank you.  

 4                  CHAIRWOMAN KRUEGER:  Thank you.  

 5           Senator O'Mara, ranker.

 6                  SENATOR O'MARA:  Good morning.  Thank 

 7           you for being here.  

 8                  Like I say, I'm astounded by these 

 9           school runs.  They're really eye-popping.  

10           You know, for a Governor to present this type 

11           of budget, a Governor that has taken much 

12           credit for fully funding Foundation Aid and, 

13           in her State of the State and budget address, 

14           talked about several issues of consumer 

15           protection.

16                  This school run, this school budget is 

17           nothing short of bait-and-switch and false 

18           advertising.  Districts in the Senate 

19           district I represent in the Finger Lakes and 

20           Southern Tier -- seven counties I cover.  

21           Small districts, small city school districts, 

22           suburban districts, Hammondsport, a very 

23           small district, 30.7 percent cut of over a 

24           million dollars.  Penn Yan, an 18.5 percent 


                                                                   139

 1           cut of over $2 million.  Watkins Glen, a 

 2           16.8 percent cut of over $1.8 million.  

 3           South Seneca, a 16 percent cut of over 

 4           $1.5 million.

 5                  And then the false advertising on 

 6           these school runs.  I don't know where those 

 7           numbers come from.  But the City of Corning 

 8           School District, you have on the school runs 

 9           hitting a 7 percent increase of $3.5 million.  

10           In reality, they're taking over a $500,000 

11           hit.

12                  Elmira Heights School District, your 

13           school run claims they're getting a 

14           12.6 percent increase of $194,000 -- no, of 

15           $2 million, when they're actually taking a 

16           hit of $194,000.  

17                  Wellsville School District, the school 

18           run claims it's getting a 16.7 percent 

19           increase of $3.6 million -- they're getting a 

20           275,000 cut.

21                  Candor School District claims on the 

22           school runs that they're getting an 8 percent 

23           increase of $1 million.  They're getting a 

24           cut of over $140,000.  


                                                                   140

 1                  Something needs to be rectified in 

 2           these runs.  It's not right.  It's not 

 3           equitable.  It's not fair.  And the school 

 4           districts have many other costs coming.  What 

 5           attention in providing state aid has been 

 6           paid to impending health insurance costs that 

 7           these districts are going to go through?  

 8           Provider costs through COVID were held 

 9           steady.  That's over now.  These -- health 

10           insurance is being renegotiated, and my 

11           school districts are telling me they're 

12           facing 20 to 40 percent increases in their 

13           healthcare costs.

14                  These cuts are staggering.  And if you 

15           say there's less student population, that has 

16           a lot to do with the affordability of living 

17           in New York State and the high property taxes 

18           that we have.  You're going to cause such 

19           significant property tax increases with these 

20           runs, it's going to blow the exodus of New 

21           Yorkers out of upstate out of the water, as 

22           if we haven't seen enough already.  

23                  But what consideration are you giving 

24           to the school districts on these health 


                                                                   141

 1           insurance costs?

 2                  NYSED COMMISSIONER ROSA:  Go ahead.  

 3           The runs that he's referring to, make a 

 4           clarification.

 5                  SR. DEP. COMMISSIONER MATTESON:  I was 

 6           just going to run it to Christina because 

 7           she, in her -- out of her shop comes those 

 8           runs, coming from the law sent over from the 

 9           Executive Budget.

10                  NYSED CFO COUGHLIN:  So the runs are 

11           based on data that are submitted to the State 

12           Education Department, and then the Governor's 

13           office, the Division of Budget puts together 

14           the state aid proposals.  

15                  So I can't speak to what their 

16           considerations were in this, but certainly we 

17           intend to work with the school districts that 

18           are impacted to help them manage their way 

19           through this as best as possible.

20                  With respect to the ones that --

21                  SENATOR O'MARA:  I've only got 

22           30 seconds left, so --

23                  NYSED CFO COUGHLIN:  Okay.

24                  SENATOR O'MARA:  This budget -- any 


                                                                   142

 1           budget should be about priorities and where 

 2           spending should be and where costs should be.

 3                  The priorities of this Executive -- 

 4           $2.4 billion for New York City's self-created 

 5           migrant crisis, $150 million for floating 

 6           pools, $45 million to plant trees, 

 7           $15 million to pay the federal government to 

 8           rent their land to house migrants?  This is 

 9           outrageous.

10                  CHAIRWOMAN KRUEGER:  Thank you.  

11                  Assembly.

12                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

13           Levenberg.

14                  ASSEMBLYWOMAN LEVENBERG:  Thank you so 

15           much for your testimony today and for 

16           answering all these questions so 

17           thoughtfully.  I really appreciate it.  I 

18           represent the 95th Assembly District, which 

19           includes Ossining and Peekskill.  And when I 

20           was on the school board in Ossining, I spent 

21           many years talking about the harm to five.  

22           Now we're talking about the harm to 337.  

23                  I think -- and it's interesting 

24           because I know that there is this balancing 


                                                                   143

 1           act and I know even then we were looking at, 

 2           well, we're seeing increasing enrollments, 

 3           but around the state, you know, there's lots 

 4           of districts with decreasing enrollments.  So 

 5           it's really important that we actually create 

 6           a sound, basic education commission to study 

 7           the Foundation Aid formula and figure out a 

 8           way to make that transition logical, 

 9           thoughtful, and not harming districts.  

10           Because obviously all students need and have 

11           a right to that sound, basic education.  And 

12           we know that the formula, as good as it was 

13           when it was first put into place to solve 

14           many of the problems, is not really doing the 

15           trick anymore.  

16                  So I'm grateful for your 

17           thoughtfulness and wondering if there's any 

18           particular bill that you support -- and you 

19           don't have to answer me right now, because I 

20           know that I am supportive of the bill that 

21           puts that into place if we can't get that 

22           money actually in the budget.  And I know 

23           that we were all advocating for that last 

24           year.


                                                                   144

 1                  I also wanted to bring up, because I'm 

 2           on the Library Committee, that I know many of 

 3           our libraries have talked about dealing with 

 4           censorship and protest attempts that are 

 5           draining their operational capacity.  So I 

 6           just wanted to be cognizant of that and make 

 7           sure that we are covering the funding that 

 8           they need for any additional operating 

 9           expenses.  

10                  I'm grateful for the Construction Aid 

11           that you had advocated for, even though I 

12           know it's not enough because so many of our 

13           libraries are old and also have the need for 

14           staying up with technology and media and 

15           really addressing the needs of the 

16           21st century and are not able to do that.  

17                  One of the things that our libraries 

18           have said to us that they would be very 

19           helpful also to them is help managing grant 

20           applications on a broader basis, and also 

21           help managing construction, because that's 

22           not their expertise.  Many of them have asked 

23           for that specifically.  And if there is a 

24           way, again, to either -- have a regional 


                                                                   145

 1           approach to doing something like that and 

 2           making sure that the funding meets those 

 3           needs, I think that would also be really, 

 4           really helpful.  

 5                  And again, you know, just some of my 

 6           colleagues today mentioned the federal fiscal 

 7           cliff.  I know that we should continue to 

 8           advocate at the federal level to make sure 

 9           that that is not something that we have to 

10           necessarily deal with.  But as we do, I think 

11           if we can find a way to move forward on that 

12           Foundation Aid formula, that ultimately 

13           that's going to be really helpful.

14                  Thank you again for your testimony.  

15           If you have answers to my questions, I'm 

16           following my colleague Ms. Hyndman in looking 

17           for those answers after.  

18                  Thank you.

19                  CHAIRWOMAN KRUEGER:  Thank you.

20                  I believe I'm the next Senator.  So 

21           before I get to my questioning, just because 

22           this seems to be a theme of every budget day, 

23           the migrant issues are a national issue and 

24           international issue, the State of New York's 


                                                                   146

 1           issue and of course the City of New York's 

 2           issue.  Fifty percent of people in New York 

 3           City are in fact related to new Americans.  

 4           And we're the breadbasket for the state, 

 5           moving our tax money upstate to cover all the 

 6           different costs for the state.  

 7                  So while, yes, we are spending some 

 8           state and some city money on the newest surge 

 9           of migrants, if you look at the economic 

10           data, everyone, whenever they want to, those 

11           people who come to our state continue to make 

12           our state the greatest state in the country 

13           and pretty quickly turn around and increase 

14           the tax revenue to the entire State of 

15           New York.

16                  That's my editorial comment.  And each 

17           day we seem to have this little discussion 

18           here, so I thought I would throw it in right 

19           now.

20                  Questions for education.  Thank you.

21                  So both the Governor, in her 

22           Executive Budget, is proposing a new 

23           science-based reading model, and the City of 

24           New York has also created, I believe in the 


                                                                   147

 1           last year or so, they call it the New York 

 2           City Reads system.  I want the best skill 

 3           sets for our children in reading.  I want 

 4           them to learn correctly.  But I'm also a 

 5           little concerned that one size doesn't fit 

 6           all.  And so I'm curious what you and the 

 7           Regents actually think is the right answer 

 8           for our state system and our city system 

 9           moving forward.

10                  NYSED COMMISSIONER ROSA:  So the 

11           beauty of this is that we have been -- our 

12           standards, early childhood standards, were 

13           done by Dr. Lesaux, a real amazing Harvard 

14           expert in brain research in all kinds of -- 

15           so we have leaned on her, along with other 

16           experts in this space.  

17                  We clearly understand that the issue 

18           of the science of reading, which I said 

19           earlier, as you know, gets confused with -- 

20           sometimes with New York City selecting 

21           programs, curriculum.  And some of those are 

22           programs and curriculums that are vendor-made 

23           versus, you know, the kinds of materials and 

24           teacher-focused, teacher-made type of 


                                                                   148

 1           approach, and emphasizing professional 

 2           development as well as instructional 

 3           strategies.

 4                  Similar to your opening remarks, our 

 5           children are coming into our schools with 

 6           some -- what I would call strengths and some 

 7           deficits.  And it is our job to really align 

 8           the support to ensure that their learning 

 9           process and that our teaching and learning 

10           process is one that aligns with the needs of 

11           the individual children.

12                  So with that, our department has been 

13           putting a lot -- we did the summit, we did 

14           the Regents, we just did the January 10th, 

15           providing resources to school districts to 

16           understand the science of reading, which is 

17           based on real deep research for over 50 years 

18           of really supporting children in the reading 

19           space.

20                  DEP. COMMISSIONER JOHNSON-DINGLE:  

21           Yes, and in addition to what the commissioner 

22           has shared, back in August, during an Early 

23           Learning Summit, we did feature particular 

24           resources, strategies that schools can take 


                                                                   149

 1           with them to understand how to help our 

 2           youngest learners begin to develop the skills 

 3           they need to become fluent readers.  

 4                  We have also, in addition to that, 

 5           just this January 10th, for the first time, 

 6           the State Education Department hosted a 

 7           hybrid literacy event where there were over 

 8           2100 literacy leaders and educators from 

 9           every part of this state involved in a 

10           conversation, learning to understand what the 

11           science of reading is and what it is not; 

12           looking at what were some of the best 

13           instructional strategies and practices at the 

14           elementary and secondary level; understanding 

15           how writing plays a part into helping 

16           students learn how to read; and, most 

17           importantly, some tips and strategies for 

18           school administrators to support teachers in 

19           their classrooms.

20                  This is all part of just many 

21           resources that we plan to release and plan to 

22           support schools with.  Our strategy and our 

23           approach is to empower our local leaders to 

24           help support their teachers in the context of 


                                                                   150

 1           what their needs are for their particular 

 2           schools.

 3                  CHAIRWOMAN KRUEGER:  Thank you.

 4                  Chancellor, so as you know, I've been 

 5           very concerned about making sure we do the 

 6           accreditation of the private schools 

 7           appropriately, and concerns with some of the 

 8           schools that are receiving public money and 

 9           not delivering the -- as they are supposed 

10           to, the substantial equivalency programs.

11                  I'm curious how you chose the SED 

12           accreditors for evaluation of these schools, 

13           particularly because it's at least been 

14           reported to me that one of the ones you chose 

15           also runs yeshivas that have failed the City 

16           of New York's evaluation.  So if they fail in 

17           their own schools, why should they be 

18           accrediting anybody's schools?

19                  NYSED CFO COUGHLIN:  So I fall victim 

20           here to not working as closely on this as I 

21           did, but I can tell you how we chose the ones 

22           that we did.  

23                  We worked with two major accreditors 

24           of accreditors.  There are two bodies 


                                                                   151

 1           nationally that work with accrediting bodies 

 2           to help them have the kind of good standards 

 3           that will make their accreditation processes 

 4           meaningful.  

 5                  And we took the list of criteria that 

 6           they each use, that they agreed on are the 

 7           good measures of a good accreditation, and we 

 8           made those the standards that we put in our 

 9           regs.  So we essentially trusted the experts 

10           on judging accreditors for that process.  

11                  I can't speak to the one you're asking 

12           about in particular, so perhaps we can talk 

13           about that at another time and we can look 

14           into it.

15                  CHAIRWOMAN KRUEGER:  Yes, I would 

16           certainly like you to look into that, because 

17           if you're flunking yourself, I don't think 

18           you should be evaluating others in our 

19           system.  So thank you.

20                  And then last -- and I was really 

21           surprised, because I always try to go last 

22           because I figure everyone will already ask my 

23           questions.  So we have this thing called 

24           mayoral control in New York City, and the 


                                                                   152

 1           Governor has proposed -- I'm sorry?  Oh, 

 2           that's fine.  Yes, bless you.  

 3                  (Laughter.)

 4                  CHAIRWOMAN KRUEGER:  Bless you.  

 5                  We have mayoral control in New York 

 6           City.  The Governor has suggested to us in 

 7           her Executive Budget a straight four-year 

 8           extender.  SED has been -- I guess hired 

 9           someone to do a full review and study of 

10           educational administration.  I know that 

11           there are hearings that have been going on in 

12           each borough in the City of New York.  I 

13           don't know if they're all completed yet, 

14           but -- yes, they're all completed.  

15                  So where are you all on what we should 

16           be doing?

17                  NYSED COMMISSIONER ROSA:  So, very 

18           quickly, there are three components to this.  

19                  One is the -- this part is in draft 

20           form, which was completed in December, which 

21           is the historical context of all the mayors 

22           and looking at the other states that have had 

23           mayoral control -- Boston, as you know -- and 

24           looking at those and where they are now 


                                                                   153

 1           versus where they were.  Some of them, as you 

 2           know, are making shifts.  

 3                  And then the Part B to this has been 

 4           the five from December 5th all the way 

 5           through this past Monday -- we did our last 

 6           one in Staten Island, was the last hearing.  

 7           And all of that information now gets coded.  

 8           It's being -- some of them are already being 

 9           coded.  And themes will come out of this 

10           coding.  Plus yesterday I think was the last 

11           submission for the written testimony as well.  

12                  So all of that information is going to 

13           be pulled together, and then we're coming 

14           out -- which we have to finalize by 

15           March 31st a written report of findings.  And 

16           that will go to the Legislature and will go 

17           to the Governor for next steps.  

18                  So basically all of that information 

19           will be in place, and we will have an 

20           executive summary, we will have exhibits, we 

21           will have -- you know, other people's 

22           recommendations, will also be in that.  And 

23           then it will be up to the Legislature and the 

24           Governor to make, you know, the 


                                                                   154

 1           recommendation and next steps in terms of 

 2           mayoral control.  

 3                  And if I can just add, and I know this 

 4           gets lost, we received -- and as Senator 

 5           John Liu knows this, and Senator Mayer and 

 6           others, we did receive finally support to do 

 7           this work.  But I do want to thank -- our 

 8           work was done with our staff volunteering.  

 9           We did not receive any funding to support 

10           this.

11                  CHAIRWOMAN KRUEGER:  Thank you.  

12                  And since -- very shortly -- while my 

13           colleague and friend Tom O'Mara and I don't 

14           agree on everything, I would like you to do 

15           your runs on the math compared to the 

16           Executive's runs and get us all answers on 

17           why the numbers he was reading and I think 

18           some others were reading does not jibe with 

19           the information we got from the Executive.  

20           Thank you.

21                  Assembly.

22                  ASSEMBLYMAN BENEDETTO:  (Inaudible.)

23                  ASSEMBLYWOMAN SIMON:  Thank you.  

24                  Thank you, Commissioner, and to your 


                                                                   155

 1           staff.  I have more questions than there are 

 2           answers, I'm sure.

 3                  A couple of things.  If I can just ask 

 4           you to say yea or nay, this issue about 

 5           curriculum versus approach, curriculum versus 

 6           method, that the notion of science of reading 

 7           is based on the science of how children 

 8           learn, which varies dramatically from one 

 9           child to the other and seeks to be 

10           interactive and assess that on an ongoing 

11           basis.  Would that be accurate?

12                  NYSED COMMISSIONER ROSA:  Correct.

13                  ASSEMBLYWOMAN SIMON:  Great.  Thank 

14           you.

15                  The other thing I wanted to mention 

16           and to thank you for your work on is talking 

17           about school lockdown drills.  And as you 

18           know, I just was going to pull up some 

19           information because, you know, I have that.  

20           And that is that, you know, there have been 

21           studies done about the impacts of doing the 

22           lockdown drills on children and really 

23           increasing incidences of depression and 

24           anxiety in schoolchildren of up to 40 percent 


                                                                   156

 1           just by going through those lockdown drills, 

 2           which are -- very dramatically are not 

 3           grounded in any kind of systematic way that 

 4           is trauma-informed, age-appropriate, 

 5           disability-related, no transparency to 

 6           parents.

 7                  And I know that we're going to be 

 8           working together further on that, and I 

 9           really appreciate your attention to this 

10           issue.  Just recently in Western New York 

11           there was a lockdown drill that was done with 

12           fake bullets, with kids learning how to 

13           demobilize, you know, an assailant -- a kind 

14           of thing which is much more akin to survival 

15           training than it is protecting themselves in 

16           the case if there is a shooter.

17                  So what have you done with regard to 

18           that issue within the department?

19                  NYSED COMMISSIONER ROSA:  Sure.  As 

20           you know, we put together a safety task, 

21           right, with our stakeholders.  And within the 

22           safety task we have these conversations, 

23           right?  And they came out with a report.  And 

24           we released the report.  And I know that last 


                                                                   157

 1           spring we also had the safety task force to 

 2           help schools develop the safety plan.  

 3                  And within their safety plan we really 

 4           want -- you know, we had superintendents 

 5           there, we had principals there, we had safety 

 6           agents, homeland security.  And this was an 

 7           amazing conversation, well attended.  Which I 

 8           think we are having another one in April this 

 9           year, which will be our last because of the 

10           federal funding.  

11                  And the whole idea was, to your point, 

12           to do this practice, along with our guidance, 

13           in making sure that the issue of 

14           trauma-informed -- (time clock sound).

15                  Thank you.  

16                  CHAIRWOMAN KRUEGER:  So the Senate is 

17           now up to second rounds for our two chairs.  

18                  Shelley Mayer, three minutes.

19                  SENATOR MAYER:  Thank you very much.  

20                  Two questions.  Because my focus and I 

21           know many of my colleagues' is on students 

22           and children with respect to the migrant 

23           issue, in your testimony you say that you're 

24           allocating 2.25 million in surplus 2022-'23 


                                                                   158

 1           school year Title III funds to districts that 

 2           have enrolled high numbers of newly arrived 

 3           immigrants.  

 4                  One is, how much -- is there more in 

 5           surplus in Title III funds?  And two, can you 

 6           give us a list by district?  I know it's a 

 7           modest amount in the scheme of things.  Can 

 8           you give us a list of the 33 upstate 

 9           districts and the geographical districts 

10           within the New York City public school system 

11           that received this funding?

12                  NYSED COMMISSIONER ROSA:  Yeah.  Yes, 

13           we can do that.

14                  SENATOR MAYER:  Is there more in this 

15           surplus Title III --

16                  NYSED COMMISSIONER ROSA:  We -- we did 

17           use the homeless --

18                  SENATOR MAYER:  -- dollars?

19                  NYSED COMMISSIONER ROSA:  Yes, we did.  

20           And I think that was forty -- that was a 

21           small amount.

22                  DEP. COMMISSIONER JOHNSON-DINGLE:  

23           Very.

24                  SENATOR MAYER:  Is there more in this 


                                                                   159

 1           account that you referenced here, Title III?

 2                  NYSED CFO COUGHLIN:  No, we don't 

 3           believe so.

 4                  DEP. COMMISSIONER JOHNSON-DINGLE:  But 

 5           we can double-check and get back to you.

 6                  SENATOR MAYER:  Thank you.

 7                  Then on this other issue about 853s, 

 8           4410s and Special Acts, on the interim plus 

 9           rates, as you know -- and you worked with 

10           us -- schools received 11 percent in 

11           2022-'23.  In 2023-'24, 6.25, but the 

12           interest was -- increases were not 

13           compounded.  So as a result schools with 

14           interim rates actually received a 5 percent 

15           cut year to year.

16                  Why do SED interim rates have to be 

17           applied this way?  Is it a matter of -- that 

18           requires a legislative change, or is it a 

19           policy decision?

20                  NYSED CFO COUGHLIN:  We face a number 

21           of challenges with the rate setting, and 

22           that's one of the reasons we have that rate 

23           setting methodology reform piece in the 

24           works.


                                                                   160

 1                  SENATOR MAYER:  Right.

 2                  NYSED CFO COUGHLIN:  But we have to 

 3           work with the Budget Division -- we develop 

 4           the rates, and then as they change over time 

 5           we need to work with the Budget Division on 

 6           that.

 7                  So I'm not sure in this piece if 

 8           it's -- to be honest, we have some staffing 

 9           constraints, and we have to make decisions 

10           about what's the --

11                  SENATOR MAYER:  So, I'm sorry, what 

12           word?

13                  NYSED CFO COUGHLIN:  We have some 

14           staffing constraints.  There's some --

15                  SENATOR MAYER:  Staffing constraints.

16                  NYSED CFO COUGHLIN:  Right.

17                  SENATOR MAYER:  That led to this 

18           different way?

19                  NYSED CFO COUGHLIN:  You know, I'm not 

20           sure of the exact circumstance with this 

21           group, but we are continuing to work to push 

22           through to get as many of the rates 

23           up-to-date as possible, which I think is the 

24           core of your request.


                                                                   161

 1                  NYSED COMMISSIONER ROSA:  Yeah, I 

 2           think your question about the -- yeah, 

 3           because we do have a report in here about the 

 4           changes in terms of the rate starting out 

 5           from 11 -- 11 percent to the 6.4, you know.  

 6                  So we will make that available.  But 

 7           it is not solely to your question whether we 

 8           make that decision -- we don't make that 

 9           decision without our consultation with DOB.

10                  SENATOR MAYER:  I understand.  I'm 

11           just asking whether it requires a legislative 

12           change, whether it's an argument with DOB.  

13           I'd like some clarity on how to pursue it.

14                  NYSED CFO COUGHLIN:  We'll look into 

15           that.  Thank you.

16                  ASSEMBLYMAN BENEDETTO:  Assemblyman 

17           Pirozzolo.

18                  ASSEMBLYMAN PIROZZOLO:  Good 

19           afternoon, now.

20                  NYSED COMMISSIONER ROSA:  Good 

21           afternoon.

22                  ASSEMBLYMAN PIROZZOLO:  Thank you,  

23           Chairman.  

24                  I want to speak about accountability, 


                                                                   162

 1           but really system accountability.  A lot of 

 2           times when I say accountability, people 

 3           mistake it for individual accountability of 

 4           people within the system.  And I want to 

 5           really point to some statistics that we have.  

 6           If we're looking at New York State Level 4 

 7           from 2002 {sic} versus 2023, the numbers 

 8           change quite a bit.  In 2022, to be a Level 4 

 9           you had to score at least 629 points, however 

10           that was.  And if you go to 2003 {sic}, that 

11           number developed dropped to 474.  Right?  

12           We're constantly changing the goalposts.  

13                  So I don't know how we make a decision 

14           on how we spend our money within the 

15           Department of Education or anywhere 

16           throughout the state.  And when we get to the 

17           point made by other people before me about 

18           curriculum versus methodology -- so this is 

19           another statistic, right, but clearly on the 

20           top it says "The results of the 2022-2023 

21           grades third to eighth mathematic tests 

22           represent student achievement on the new next 

23           generation learning standards.  Because the 

24           tests measured different learning standards, 


                                                                   163

 1           the results are not compatible to prior 

 2           years."

 3                  So I'm asking you to please try to 

 4           keep our learning standards consistent, 

 5           because it seems to be the scapegoat that we 

 6           have is that we can always say, Oh, well, we 

 7           changed the methodology so we don't really 

 8           know if this year is better than last year or 

 9           the year before.  We cannot have new wheels, 

10           you know, on the bus all of the time just 

11           because someone new comes in or there's some 

12           sort of a flash in the pan.  That's number 

13           one.

14                  Number two, I would like to know if 

15           you or the State Ed Department has the 

16           ability to withhold funding from school 

17           districts when they discriminate based on 

18           racial or ethnic bias.  And two things I'm 

19           going to point to is, one, recently we had a 

20           young lady, an Asian woman, who was unable to 

21           get testing for the specialized high school 

22           examination because she was overrepresented 

23           from her community.  

24                  And then just recently we had a 


                                                                   164

 1           teacher who changed the wording of the wheels 

 2           on the bus due to global -- you know, global 

 3           events.  

 4                  Now, there are obvious racial and 

 5           ethnic biases here.  Can you stop or penalize 

 6           school districts when they do this, stop 

 7           funding?

 8                  NYSED COMMISSIONER ROSA:  Well, one of 

 9           the examples you used was a 310.  And I would 

10           submit that we have to -- you have to read 

11           that in its totality, because that's not 

12           exactly -- 

13                  I think that what's been pulled from 

14           that is one aspect.  I would be more than 

15           glad to share the decision of what was the 

16           basis of it.  Because a lot of times, you 

17           know, when you get a report it looks like, 

18           you know, the same thing happened in another 

19           district with a child, and we reinstated the 

20           child.  Because obviously -- more than glad 

21           to share the totality of that.  

22                  And at some point I'd like to answer 

23           why we change standards.  Because as our -- 

24           as things change, we do have to go in and 


                                                                   165

 1           change -- you know, we can't keep the 

 2           standards that have existed -- our children 

 3           need to learn new standards, new material.  

 4           So yes, they are changed.  And as a result of 

 5           changing them, the exam is going to change.

 6                  ASSEMBLYMAN PIROZZOLO:  Thank you.

 7                  NYSED COMMISSIONER ROSA:  Mm-hmm.

 8                  CHAIRWOMAN KRUEGER:  So I think we 

 9           would all be interested in seeing the 

10           description of that in writing.  Because I 

11           know that there are lots of issues that get 

12           raised around this.  Thank you.

13                  Assembly.  Oh, no, it's the Senate, 

14           because he was an Assemblymember.  

15                  ASSEMBLYMAN BENEDETTO:  That's 

16           correct.

17                  CHAIRWOMAN KRUEGER:  Excuse me.

18                  ASSEMBLYMAN BENEDETTO:  We'd gladly go 

19           again if you'd like.

20                  CHAIRWOMAN KRUEGER:  And you will, 

21           after just three minutes from 

22           Senator John Liu.

23                  Three minutes, Senator John Liu.  

24                  SENATOR LIU:  Thank you, Madam Chair.


                                                                   166

 1                  I want to acknowledge Commissioner 

 2           Rosa's response to one of your questions, 

 3           which is what was happening with the study on 

 4           school governance in New York City and how 

 5           the New York City public hearings were taking 

 6           place -- and to specifically thank you and 

 7           your team for working very hard to get the 

 8           study done and to hold the public hearings 

 9           and acknowledge the hard work that your team 

10           has put together -- that it has put in, on a 

11           volunteer basis.  And so thank you for that.  

12                  And we look forward to the results of 

13           your study, which -- you know, you're the 

14           experts.  That's why two years ago we put in 

15           legislation that SED would conduct that 

16           thorough review and study of school 

17           governance in New York City.  So we look 

18           forward to that, and that should -- I have no 

19           doubt that will help us -- that will inform 

20           us how to proceed as this year's expiration 

21           of mayoral control in New York City 

22           approaches in June.

23                  I wanted to talk a little bit with you 

24           about the class size issue.  Because as you 


                                                                   167

 1           mentioned before, you did give the New York 

 2           City Department of Education some feedback.  

 3           Related to that issue, it is my understanding 

 4           that SED held back some school aid from the 

 5           New York City Department of Education -- or 

 6           Public Schools, whatever they're called now.  

 7           Was that the case?  And can you just tell us 

 8           a little bit about the circumstances 

 9           surrounding the withholding of state funds to 

10           New York City?  

11                  NYSED COMMISSIONER ROSA:  Sure.  

12                  I personally reviewed the first draft 

13           that was done, and -- with our team.  

14                  SENATOR LIU:  The first draft of what?  

15                  NYSED COMMISSIONER ROSA:  The first 

16           draft {feedback} -- draft -- sorry.  The 

17           first draft of the report that has to be 

18           submitted.

19                  I did have the opportunity to speak to 

20           the chancellor at the time, along with the 

21           teachers' union president, as well as the 

22           president of CSA.  I encouraged all of them 

23           to work together to really have a common 

24           understanding and feedback as to how they 


                                                                   168

 1           were going to proceed as they were putting 

 2           their plan together.

 3                  Through that process, we had several 

 4           questions we sent to them.  And by the time I 

 5           received the first -- the plan itself, I did 

 6           have some serious concerns that I felt that 

 7           several of the questions needed to be further 

 8           explored and needed additional explanation 

 9           and clarification.

10                  So we sent it back, and with that we 

11           did -- you're a hundred percent correct, we 

12           did hold money, which was released 

13           December 18th was -- a substantial amount of 

14           money was released at that point.

15                  SENATOR LIU:  All right.  So I think 

16           it's fair to say that the City of New York 

17           was denied funds -- at least delayed funds -- 

18           because they did not comply with the class 

19           size requirements.

20                  NYSED COMMISSIONER ROSA:  That is 

21           correct.

22                  CHAIRWOMAN KRUEGER:  Thank you.

23                  Assembly.  

24                  ASSEMBLYMAN BENEDETTO:  To close out 


                                                                   169

 1           the first round of the Assembly, Ms. Walsh, 

 2           you've been waiting an awful long time.  

 3           You're the caboose.  Go ahead.

 4                  (Laughter.)

 5                  ASSEMBLYWOMAN WALSH:  Okay, thank you.

 6                  Good afternoon.  And I want to just 

 7           add my voice -- there have been plenty of 

 8           questions about the Foundation Aid issue.  I 

 9           want to add my voice to that as well as those 

10           of my colleagues.

11                  This question is going to have to do 

12           with the zero-emissions school bus mandate, 

13           however.  As you know, there are significant 

14           up-front costs that schools must budget for 

15           to comply with the zero-emission mandate 

16           which is going to begin in 2027, including 

17           renovations to bus depots, the school buses 

18           themselves, and their associated charging 

19           infrastructure, and bus mapping, route 

20           planning.

21                  While there is some funding being made 

22           available to help pay for part of these 

23           costs, we know that it will not completely 

24           offset the costs borne by school districts as 


                                                                   170

 1           they transition their fleets to zero-emission 

 2           buses.

 3                  First question.  You have publicly 

 4           spoken in the past regarding the challenges 

 5           facing upstate and rural districts as they 

 6           try to comply with the zero-emission mandate.  

 7           Can you reiterate any concerns about the 

 8           mandate and how it will affect these schools, 

 9           and what if any changes you think should be 

10           implemented to help them comply with the 

11           mandate?

12                  NYSED COMMISSIONER ROSA:  Sure.

13                  So Christina and our team, we've been 

14           meeting with the rural superintendents, 

15           constantly -- this was -- our last meeting, 

16           this was at least an hour's discussion, some 

17           creative things came out of it in terms of 

18           things that we should support and consider 

19           and some of the things that they're looking 

20           at and doing.

21                  We still have concerns about the cost, 

22           you know, and the impact that that's going to 

23           have as well with the stations and some of 

24           the other key components in order to get this 


                                                                   171

 1           done.  I know some people are looking at the 

 2           timetable and hoping that that could be 

 3           expanded, and that was an issue that was 

 4           raised.

 5                  Christina?

 6                  NYSED CFO COUGHLIN:  We recognize from 

 7           our conversations with the stakeholder groups 

 8           and folks who are trying to put this together 

 9           that there really are a lot of challenges.  

10           The Board of Regents had recommended a state 

11           agency-level leader working group to think 

12           about some of the issues that are outside of 

13           Commissioner Rosa's purview, such as electric 

14           transmission, which she's a quick study, but 

15           that's a hard thing for her to pick up.

16                  So there really are a lot of 

17           challenges outside of what our school 

18           districts are worried about.

19                  We note that the Governor did support, 

20           in our budget request for staff that would 

21           help as districts are making those 

22           transitions -- we asked for an electrical 

23           engineer, we asked for folks in our 

24           Transportation Office to help us do that, and 


                                                                   172

 1           the Governor provided that, and did provide 

 2           that the grant funds that are provided 

 3           through the Environmental Bond Act would no 

 4           longer be deducted from a Transportation Aid 

 5           calculation.  So if a district gets that 

 6           grant, that will help.

 7                  But we understand that there are other 

 8           costs, as the commissioner said, and we look 

 9           forward to conversations about that.

10                  ASSEMBLYWOMAN WALSH:  I haven't spoken 

11           with anybody who thinks that this is 

12           achievable by 2027.  I haven't talked to 

13           anybody who thinks that it is, or affordable.  

14           We've got to do something about this, really.

15                  Thank you.  

16                  CHAIRWOMAN KRUEGER:  Thank you.  

17                  We have been joined late by 

18           Senator Borrello, three minutes.

19                  SENATOR BORRELLO:  Thank you so much, 

20           Madam Chair.  Good to be here with you.

21                  Commissioner, everyone, thank you very 

22           much for being here.  

23                  I represent a lot of rural school 

24           districts, and obviously there has been 


                                                                   173

 1           enrollment decline.  And I think earlier you 

 2           commented on the hold harmless and your 

 3           concerns about that.  If you could just 

 4           expound on that a little bit.  Because, you 

 5           know, what I'm hearing from my rural school 

 6           districts is, you know, their fixed costs 

 7           aren't going down with less enrollment; in 

 8           fact, they're going up.  Particularly when 

 9           you start talking about mandates.  You know, 

10           Assemblywoman Walsh brought up the electric 

11           bus mandate.  That could be a huge hit.  

12                  So could you just tell -- if you 

13           wouldn't mind talking a little bit about why 

14           this hold harmless shouldn't be somehow tied 

15           to enrollment declines.

16                  SR. DEP. COMMISSIONER MATTESON:  If 

17           it's okay, I'll respond to that.

18                  SENATOR BORRELLO:  Yeah, sure.

19                  SR. DEP. COMMISSIONER MATTESON:  

20           Appreciate the question.  

21                  It shouldn't be tied to the hold 

22           harmless, especially without planning in the 

23           future that this was coming.  The abrupt 

24           nature I think is the biggest challenge to 


                                                                   174

 1           the districts.  

 2                  Also I think we know in the last 20 

 3           years that there's different challenges with 

 4           students.  And coming out of COVID, we have 

 5           more challenges with students in these 

 6           districts, and they've used some of their 

 7           federal money and some of the Foundation Aid 

 8           money that they've are received in the last 

 9           three years to try to address those needs in 

10           realtime.  

11                  In many ways that three years of 

12           funding made up for a decade worth of 

13           withholding money from districts.  And 

14           getting that money without a mechanism for 

15           them to set aside to make sure that they had 

16           it in perpetuity was a real challenge as 

17           well.

18                  So hitting their main funding source 

19           in one year, after they had been made whole 

20           the prior year and made budgetary plans for a 

21           long-term future, is the biggest challenge 

22           for some of these districts.

23                  SENATOR BORRELLO:  Yeah, absolutely.  

24           I think you're -- you know, this is a -- this 


                                                                   175

 1           is not something that you change in one year.  

 2           You have multiyear budgeting.  

 3                  Also I've heard -- and I'm sure you've 

 4           heard a lot from all school districts -- that 

 5           the increase in children in mental health 

 6           crisis is up.  And that is certainly adding a 

 7           burden.  Can you talk a little bit about 

 8           that?  I know that there has been some more 

 9           focus and attention on that.  But talk about 

10           the mental health challenges facing our 

11           schools right now.

12                  NYSED COMMISSIONER ROSA:  Sure.  So I 

13           had -- as I had said earlier, children 

14           haven't been isolated for that period of 

15           time.  Losses in terms of families, right.  

16           These -- all of these issues, even with the 

17           entry-point comment I made earlier, these are 

18           all issues that schools are grappling with, 

19           particularly in developmental issues.  Right?  

20                  So if a kid enters a school and for 

21           the first time you're a second- or 

22           third-grader, that is a serious issue in 

23           terms of, you know, when we start them in 

24           kindergarten, first grade, and go through 


                                                                   176

 1           their routines and things that they 

 2           absolutely gain as a result.  That process 

 3           was interrupted.

 4                  SENATOR BORRELLO:  Thank you.  And you 

 5           were interrupted.

 6                  (Laughter.)

 7                  NYSED COMMISSIONER ROSA:  Thank you.  

 8                  CHAIRWOMAN KRUEGER:  That's how it 

 9           goes in this room.

10                  Assembly.

11                  ASSEMBLYMAN BENEDETTO:  For a second 

12           round, I recognize the chairman of the 

13           Libraries Committee, Mr. Santabarbara.

14                  ASSEMBLYMAN SANTABARBARA:  Thank you.  

15           Oh, my mic's working a lot better this time.  

16                  I do want to go back to my comments 

17           earlier on the cut in the budget proposal for 

18           the Summer School of the Arts.  I do want to 

19           express my concern with that and advocate for 

20           restoration of those funds.  

21                  I also wanted to mention the reduction 

22           of funding for the statewide Summer Reading 

23           program.  I think that's an important program 

24           that all our districts utilize, a lot of 


                                                                   177

 1           kids, a lot of students participate in that.  

 2           I know in the school districts where I visit 

 3           back home, kids every year come to get their 

 4           certificates and to participate in that 

 5           program.  So I think it's a worthy 

 6           investment.  

 7                  The cuts actually mean that the 

 8           funding that the 23 public library systems 

 9           received in the past, they wouldn't receive 

10           that anymore.  So I just want to advocate for 

11           that and how important it is.

12                  It also jeopardizes our goal to create 

13           better readers and for reading instruction.  

14           The services -- this is a time when we should 

15           be increasing funding to increase proficiency 

16           and not reducing it.  Also, that funding 

17           supports supplies, materials and support of 

18           these Summer Reading programs.  So I just 

19           wanted to put in a plug for that.  

20                  And I also wanted to lastly ask about 

21           the shift in reading instruction.  There is a 

22           $10 million allocation for that.  Just how 

23           will that be used for training, and how will 

24           it benefit our elementary school teachers and 


                                                                   178

 1           teaching assistants?  If you can answer that 

 2           real quickly.

 3                  NYSED COMMISSIONER ROSA:  Sure.

 4                  Just a point of clarification, and I'm 

 5           sure you'll have an opportunity -- the 

 6           $10 million is not our $10 million.  This 

 7           money was allocated -- and I know that NYSUT 

 8           is doing some planning to obviously respond 

 9           to -- and my understanding, brief 

10           understanding, is that they will be using it 

11           for professional development and supporting 

12           teachers.  But I think they will be in a 

13           better place to answer how the $10 million 

14           will be used.

15                  ASSEMBLYMAN SANTABARBARA:  Okay.  

16           Thank you.

17                  CHAIRWOMAN KRUEGER:  Thank you.  We 

18           have one more chair who's asked for her three 

19           minutes:  Iwen Chu, chair of Libraries.

20                  SENIOR CHU:  Thank you, Chair.

21                  Commissioner, before I bring back my 

22           question I just want to strongly recommend 

23           SED, when we talk about the budget, when we 

24           talk about public libraries, their needs, 


                                                                   179

 1           both sides should have better communication 

 2           so that we represent, you know, on the same 

 3           page what they actually need.  Eventually the 

 4           public library needs still go through the SED 

 5           funding.  So it will be better for us to 

 6           understand the actual need here.

 7                  So that brings me back to how are we 

 8           bringing the attention and support the 

 9           special-needs population, the family, in 

10           terms of the SED and also public libraries, 

11           in terms of the, like, materials or 

12           infrastructure for the libraries, how we 

13           support those special-needs populations.  

14           Because those -- when those are designed, 

15           oftentimes those populations, their needs are 

16           not being addressed in the reading, the 

17           printing, or the infrastructure.

18                  NYSED COMMISSIONER ROSA:  Sure.  Yeah.  

19                  And so the key issue here is, you 

20           know, we always say let's fit, not retrofit.  

21           Because as you know, sometimes that's what 

22           ends up happening with materials that are 

23           needed.  You know, even creating spaces for 

24           families.  As you know, you know, you go into 


                                                                   180

 1           those libraries -- that was one of the 

 2           complaints that we did get.  

 3                  Now I just want to point out that we 

 4           do have, you know, an individual who 

 5           really -- and I'm going to ask Sharon to 

 6           speak to that, who oversees libraries.  You 

 7           know, and that would be a great start, 

 8           because she does have meetings, right, and 

 9           engages in that.  

10                  So we will make sure that -- you know, 

11           that you and others are very much a part of 

12           those conversations.

13                  EX. DEP. COMMISSIONER CATES-WILLIAMS:  

14           Yes, we'll connect you with our 

15           State Librarian and we can continue the 

16           conversations.  And, you know, thank you for 

17           your comments.

18                  SENIOR CHU:  Thank you.  

19                  Thank you, Chair. 

20                  CHAIRWOMAN KRUEGER:  Thank you very 

21           much.  

22                  Assembly.

23                  ASSEMBLYMAN BENEDETTO:  Just one last 

24           quick question.  The Smart School Review 


                                                                   181

 1           Board has been removed from the law going 

 2           over to you guys.  I've been told that you're 

 3           okay with that.  Not that I'm suspicious of 

 4           what they tell me, but is that true?

 5                  NYSED COMMISSIONER ROSA:  So I will 

 6           tell you your suspicion was my suspicion when 

 7           I talked to Christina and the team, and I had 

 8           the same exact -- are we sure we want to take 

 9           this on?  Christina.

10                  NYSED CFO COUGHLIN:  We're okay with 

11           that.  

12                  (Laughter.)

13                  ASSEMBLYMAN BENEDETTO:  That's great.  

14                  I want to thank you very much.  It's 

15           been just about three hours here now.  I 

16           admire your duration, and I guess somebody 

17           won the pool.

18                  NYSED COMMISSIONER ROSA:  She did.  

19           3:05.  Two more questions and I win the pool.

20                  (Laughter.)

21                  ASSEMBLYMAN BENEDETTO:  Oh, I'm sorry.  

22           You know what, we can carry this on if you 

23           want, Commissioner.

24                  CHAIRWOMAN KRUEGER:  I have members 


                                                                   182

 1           who want to help you.

 2                  (Laughter.)

 3                  ASSEMBLYMAN BENEDETTO:  We thank you 

 4           for your time, your answers, and we wish you 

 5           well.  Thank you.

 6                  NYSED COMMISSIONER ROSA:  Thank you.

 7                  CHAIRWOMAN KRUEGER:  Thank you very 

 8           much.  

 9                  ASSEMBLYMAN BENEDETTO:  There will be 

10           a very, very short break before the next 

11           panel comes on.

12                  (Brief recess.)

13                  ASSEMBLYMAN BENEDETTO:  Our second 

14           person to testify today will be the 

15           chancellor of the schools of New York City, 

16           the New York City Department of Education, 

17           Chancellor David Banks.  

18                  Chancellor, we welcome you here.  We 

19           thank you for coming to Albany.  We will now 

20           begin.

21                  NYCPS CHANCELLOR BANKS:  Thank you so 

22           much.  

23                  Good morning, Senate and Assembly 

24           committee members.  Thank you to Senator Liu 


                                                                   183

 1           and Senator Mayer, Assemblymember Benedetto, 

 2           Assemblymember Weinstein and Senator Krueger.  

 3           My name is David Banks, and I have the honor 

 4           of serving as the chancellor of New York City 

 5           Public Schools.  

 6                  I would like to personally thank 

 7           Governor Hochul for her support of mayoral 

 8           accountability, which has proven critical in 

 9           times of crisis and has helped our public 

10           school system reach new heights while 

11           advancing equity, transparency, and 

12           accountability.  

13                  As my testimony will show, our school 

14           governance structure is essential to making 

15           bold and important changes that produce real 

16           results for children and families.  

17                  Some of the highlights.  It's been a 

18           year of great progress and promise, as 

19           reflected in increases in state test scores 

20           of 12 percentage points in math and nearly 

21           3 percentage points in ELA, outpacing gains 

22           in the rest of the state and reducing gaps 

23           between Black and Hispanic students and their 

24           peers.  


                                                                   184

 1                  We also saw our first enrollment 

 2           increase in eight years.  Our students and 

 3           families are feeling the positive momentum, 

 4           and we're headed absolutely in the right 

 5           direction.  

 6                  But these are not our wins alone.  

 7           From the very beginning, family and community 

 8           voices have driven all that we do.  Time and 

 9           again, we have listened to families and we 

10           have responded accordingly.  They have 

11           informed our policies and our priorities in 

12           tangible and meaningful ways.  

13                  So here's an example.  One of the 

14           first things I heard when I took this role as 

15           chancellor was that our Fair Student Funding 

16           formula needed to be updated.  So we formed a 

17           working group of parents, advocates, and 

18           other stakeholders and ultimately we revised 

19           our formula to add now over $100 million to 

20           support students in temporary housing and 

21           schools serving high concentrations of 

22           students with need.  We listened to families, 

23           and we responded.  

24                  It did not stop there.  We expanded 


                                                                   185

 1           Gifted and Talented programs, formed an 

 2           advisory council to reimagine special 

 3           education, and improved school facilities in 

 4           Brownsville -- all in response to community 

 5           feedback.  And engagement has continued to 

 6           shape our administration's priorities.  

 7                  So let me share just a sampling of the 

 8           work that we have led.  Since I last 

 9           addressed you, we launched our signature 

10           initiative, our top priority, NYC Reads.  

11           NYC Reads is a comprehensive approach to 

12           literacy instruction, including curriculum 

13           shifts, intensive professional learning and 

14           coaching, academic screening and 

15           intervention, and supports for students at 

16           risk for dyslexia.  There is no more 

17           important work for us than this.  

18                  So Phase 1 of NYC Reads launched this 

19           school year, and Phase 2 will begin in 

20           September, by which point NYC Reads will be 

21           active in all early childhood and K to 5 

22           classrooms across our city.  

23                  I want to thank Governor Hochul also 

24           for her call to bring the science of reading 


                                                                   186

 1           to other districts across the state.  We 

 2           think this is critically important, and I'm 

 3           proud that New York City is paving the way.  

 4           When our kids read well, it sets them up for 

 5           success in school, work and life.  

 6                  Now, once students have a bright 

 7           start, we must put them on the path to a bold 

 8           future.  So we do that through our college 

 9           and career pathways work, which we've 

10           expanded in groundbreaking ways that 

11           reimagine the middle and high school 

12           experience.  Next year we will expand the 

13           reach of our signature FutureReady program, 

14           where students prepare for high-demand jobs 

15           in healthcare, education, business, and 

16           technology, with more industry focus areas on 

17           the way.  

18                  We've also doubled the number of 

19           students in multiyear employer-paid 

20           apprenticeships, in partnership with the 

21           New York Jobs CEO Council.  

22                  We are bringing new accelerated high 

23           school programs to our families in 

24           historically underserved communities, 


                                                                   187

 1           including Bard Early College High School in 

 2           the Bronx, with more to come.  

 3                  Of course, our children cannot learn 

 4           to read nor prepare for a career if they do 

 5           not feel healthy, safe, and well.  I recently 

 6           announced our comprehensive plan to ensure 

 7           that every student and staff member feels 

 8           safe and supported, in light of rising 

 9           antisemitism and Islamophobia.  

10                  We've also expanded Project Pivot, 

11           which has brought in trusted community-based 

12           organizations to support violence prevention 

13           at 257 different schools.  We've taken 

14           concrete steps to make our schools safer from 

15           intruders, working to install new video door 

16           locking mechanisms across all elementary 

17           schools.  And over the years we are going to 

18           get to every single one of the schools in our 

19           system.  

20                  We've also increased our mental health 

21           supports, with daily mindful breathing; 

22           additional school-based mental health 

23           clinics, including with support from the 

24           state; and an innovative new telehealth 


                                                                   188

 1           therapy program with the city's Health 

 2           Department.  

 3                  And to continue the learning and 

 4           social-emotional support year round, we've 

 5           offered full-day summer programming, two 

 6           years in a row, to an unprecedented 110,000 

 7           K to-8 students in our wildly popular 

 8           Summer Rising program, which we plan to 

 9           provide again this summer.  

10                  Our progress over the past two years 

11           would not have been possible without our 

12           current governance structure.  NYC Reads is a 

13           perfect example.  We diagnosed an existential 

14           problem facing our schools -- 51 percent of 

15           our students were not reading on grade 

16           level -- and quickly mobilized a solution 

17           across our entire city.  This is a huge, 

18           transformational shift, one that will change 

19           the trajectory of hundreds of thousands of 

20           kids.  

21                  Mayoral accountability ensures that no 

22           matter where a student lives or goes to 

23           school, quality curriculum and instruction 

24           will be in place to help them learn to read. 


                                                                   189

 1           Mayoral accountability also helps us deal 

 2           decisively and effectively with crises.  With 

 3           the influx of approximately 35,000 migrant 

 4           children to our city, we mobilized Project 

 5           Open Arms, supporting students' academic 

 6           transition, social-emotional well-being, 

 7           language access, physical health, and more.

 8                  This is a coordinated interagency 

 9           effort bringing the full resources of our 

10           city to bear on behalf of our kids, 

11           especially our most vulnerable, for whom a 

12           centralized infrastructure is critical to 

13           providing a wide array of supports.

14                  And while I'm proud of the work that 

15           we've done so far, I want to be transparent:  

16           We face challenges ahead.  First, we have our 

17           stimulus cliff.  Approximately $1 billion of 

18           stimulus funding is currently used to power a 

19           wide range of critical programming, including 

20           social workers in our schools, pre-K special 

21           education, community schools, arts programs, 

22           3-K, and much more.  But these are not "nice 

23           to haves" -- they are valued and impactful 

24           programs, and they are at risk without new 


                                                                   190

 1           funding.  

 2                  In the last three years, we have 

 3           successfully reduced Central spending by 

 4           about $250 million, and we've reduced our 

 5           head count by about 600 positions, while 

 6           protecting school budgets from 

 7           across-the-board cuts and, in fact, 

 8           increasing funding for our schools overall 

 9           over the course of this year.  But we need 

10           support from the state to maintain these 

11           critical programs.  

12                  On top of this cliff, like many school 

13           districts we have concerns about proposed 

14           changes to the way inflation is calculated 

15           under the Foundation Aid formula, as it would 

16           mean a reduction in aid to New York City as 

17           well as districts around the state, even as 

18           inflation continues to increase.  

19                  There is also the class size law.  As 

20           you know, there is a five-year rollout for 

21           this mandate.  The State Education Department 

22           has certified that we are currently in 

23           compliance with the law.  We intend to stay 

24           in compliance in the outyears.  Years 3 


                                                                   191

 1           through 5 is where we will start to have to 

 2           make tradeoffs.

 3                  We recently convened a class size 

 4           working group.  This is a working group that 

 5           we were not required to put together by law, 

 6           but it's representative of how we value 

 7           community voices.  And in December this group 

 8           of parents, educators, labor representatives 

 9           and advocates issued its recommendations.  

10                  Additionally, an independent analysis 

11           from the New York City Independent Budget 

12           Office found that hiring the thousands more 

13           teachers that we'll need to meet the mandate 

14           will total about 1.6 to 1.9 billion dollars.  

15           That's on top of the increased Foundation Aid 

16           that we've already placed directly into our 

17           schools' budgets.  

18                  So while we're thankful to the state 

19           and the efforts in this room for the long 

20           fight for full Foundation Aid funding -- 

21           especially Senator Jackson, who's a personal 

22           hero of mine and whose efforts on CFE were 

23           nothing short of heroic -- that funding has 

24           been put to use over the last several years, 


                                                                   192

 1           including finally bringing all schools to 

 2           100 percent Fair Student Funding and creating 

 3           new FSF weights for our neediest students.

 4                  CHAIRWOMAN KRUEGER:  Thank you.

 5                  NYCPS CHANCELLOR BANKS:  I had a 

 6           little bit more, but (laughing) --

 7                  CHAIRWOMAN KRUEGER:  We all have a 

 8           copy in front of us.  It's okay.  

 9                  ASSEMBLYMAN BENEDETTO:  We're like a 

10           good teacher:  We're very strict.

11                  (Laughter.)

12                  ASSEMBLYMAN BENEDETTO:  

13           Mr. Chancellor, okay, a question on my mind, 

14           and I'm sure other people's:  We've sent 

15           you -- as you acknowledge in your testimony 

16           here today, we've sent you a lot of money 

17           over the past several years, okay, for the 

18           students of New York.  And we're happy to do 

19           that.  

20                  Yet we're also, I have to admit, very 

21           dismayed when we hear charges that maybe we 

22           may see in the press or hear from some of our 

23           friends in unions that schools are being cut 

24           and programs are being cut.  It's very 


                                                                   193

 1           disturbing to hear.  

 2                  But I want to talk to you and ask you, 

 3           what's happening here?

 4                  NYCPS CHANCELLOR BANKS:  Yeah, and I'm 

 5           joined by several members of my leadership 

 6           team here as well.  And in fact, Emma, as we 

 7           get ready to respond to this, we have not had 

 8           any real cuts to our schools.  What we had at 

 9           the middle of this year was what we call the 

10           rightsizing of -- the midyear adjustments, 

11           rather, excuse me.  The midyear adjustments.  

12                  During the pandemic, if a school had a 

13           thousand students and they lost 300 kids, we 

14           were able to keep these school budgets whole 

15           in spite of the fact that they lost students.  

16           What we have done now, because those stimulus 

17           dollars are running out for us, is we have 

18           said we're going back to the way that we've 

19           always done it.  If schools have an increase 

20           in students, we increase their budgets.  If 

21           they have a decrease in students, we decrease 

22           their budgets accordingly.  

23                  That is the way we have historically 

24           done our budgeting with our schools 


                                                                   194

 1           throughout history.  All the years -- I was a 

 2           principal for 11 years; that's exactly what 

 3           we did.  

 4                  So we've not made indiscriminate cuts, 

 5           we've simply made adjustments determined by 

 6           the amount of students that have either come 

 7           into the school or the number of students who 

 8           have left the school.  So a school has a 

 9           thousand kids and if now they're down to 750, 

10           we are not in a position to continue to say 

11           we're going to continue to fund you at that 

12           level.  

13                  So it's what we see more as a 

14           rightsizing of our school budgets and not 

15           just an indiscriminate cut that every  school 

16           will get.  In fact, almost 60 percent of our 

17           schools saw an increase in their school 

18           budgets.  And then the other schools, 

19           depending upon how many students they lost, 

20           saw a decrease in the funding.  

21                  But Emma has really been leading a lot 

22           of this work.

23                  NYCPS COO VADEHRA:  Okay, thank you.  

24                  Thank you very much for the question.  


                                                                   195

 1                  So as the chancellor said, that's one 

 2           piece of this.  I would just add that 

 3           overall, our midyear adjustment put more 

 4           money into school budgets across the city 

 5           than it took out.  So, overall, rightsizing 

 6           our schools and aligning funding with 

 7           enrollment, because enrollment is up over 

 8           projections, put 100 million more dollars 

 9           into school budgets than some of the schools 

10           that lost money.  So as we look across the 

11           city, that's what we saw.

12                  I would also just add a couple of more 

13           pieces in terms of where the chancellor and 

14           the city, despite the press, have actually 

15           increased funding for school budgets over the 

16           course of this year.  

17                  So the chancellor mentioned we updated 

18           our school-based formula, which is a very 

19           equity-based formula, and we updated it to 

20           add additional funding for students in 

21           temporary housing, which includes our 

22           asylum-seeking students.  And for schools 

23           with high concentrations of students with 

24           need, those changes added an additional 


                                                                   196

 1           $100 million to school budgets as well over 

 2           the course of the year.

 3                  We also, thanks to all of you, added 

 4           additional dollars to school budgets this 

 5           year:  Thanks to the uptick in Foundation 

 6           Aid, an additional $214 million that went 

 7           into school budgets for C4E, which also went 

 8           out.  So there's actually a few different 

 9           ways we've increased school budgets this 

10           year.

11                  The last one is the city has actually 

12           put in additional dollars for very well 

13           deserved, hard-earned salary increases for 

14           our teachers and principals, which are also 

15           flowing into school budgets this year.

16                  ASSEMBLYMAN BENEDETTO:  Thank you.

17                  Listen, you mention in your testimony 

18           historically underserved -- excuse me, 

19           programs like Bard College Early College High 

20           Schools.  Which I just happen to think is an 

21           absolutely 100 percent program -- this is 

22           great.  What I'm basically asking is, why 

23           aren't there more of the Bard College Early 

24           college High Schools?  Why isn't there -- and 


                                                                   197

 1           I'll throw my own college underneath the bus 

 2           in my district, the State University at 

 3           Maritime, which is renowned for their 

 4           ability, its wonderful engineers -- I would 

 5           love to see a Maritime High School College.  

 6                  And besides that, how about -- and 

 7           New York City is home for so many 

 8           institutions:  The Bronx Zoo, the New York 

 9           Philharmonic, wonderful museums.  Tell me, 

10           have we reached out?  What are we doing in 

11           this particular area?  

12                  NYCPS CHANCELLOR BANKS:  First of all, 

13           we've got dozens of wonderful and amazing 

14           partnerships with community-based 

15           organizations, various industries who are 

16           connected to our schools.  You may not always 

17           hear a lot about them, and so therefore you 

18           might not even realize that they're actually 

19           in play.  I mean, we have our Harbor School 

20           out on Governors Island, which is an 

21           absolutely amazing school which is sending 

22           kids -- getting kids real experiences in the 

23           maritime industry, and then actually sending 

24           them out into jobs directly from those school 


                                                                   198

 1           experiences.  

 2                  A place like Bard, this is what we had 

 3           heard before as we got here:  We need more of 

 4           those programs.  That's what we're doing.  

 5           Bard has never been in the Bronx, and now we 

 6           have brought Bard in the heart of the 

 7           South Bronx, and the demand to get into the 

 8           school is simply overwhelming.  And we have 

 9           plans to open up a Bard in Brooklyn as well 

10           as.  We're moving further along in that.  

11                  We've got plans to open up a 

12           Motion Picture Tech High School, which is 

13           something that will help us to have kids take 

14           full advantage of the motion picture industry 

15           and all the various careers that are 

16           associated with that.  

17                  And we've got plans -- we haven't made 

18           the official announcement yet -- to open up a 

19           new Health Careers High School, together with 

20           Northwell Health, and being supported by the 

21           Bloomberg Foundation.

22                  So there are a number of these things 

23           that are in play, and it all is connected to 

24           our theme about bold futures and that we want 


                                                                   199

 1           all of our kids, when they graduate from our 

 2           schools, to be able to be connected to some 

 3           level of career path or college.  But that 

 4           nobody graduates and is not clear about what 

 5           their next steps are going to be.  

 6                  And we're continuing to build on 

 7           those, Assemblyman.  So we get it, and that's 

 8           what we have been working on.

 9                  ASSEMBLYMAN BENEDETTO:  Thank you very 

10           much.

11                  Senator.

12                  CHAIRWOMAN KRUEGER:  Thank you.  

13                  We're going to start with 

14           Chair John Liu, 10 minutes.

15                  SENATOR LIU:  Thank you, Madam Chair.  

16           And I am always happy to see Chancellor Banks 

17           and his illustrious team wherever they may 

18           be.  

19                  And Chancellor, I think you've done a 

20           great job as schools chancellor.

21                  NYCPS CHANCELLOR BANKS:  I couldn't 

22           hear you.  What did you say to me?

23                  (Laughter.)

24                  SENATOR LIU:  I said I think you have 


                                                                   200

 1           done an absolutely {cough} job as chancellor 

 2           of the New York City Public Schools.  

 3                  (Laughter.)

 4                  NYCPS CHANCELLOR BANKS:  Thank you, 

 5           Senator.  

 6                  SENATOR LIU:  You're trying to make me 

 7           choke, right?

 8                  (Laughter.)

 9                  SENATOR LIU:  But of course, you know, 

10           we don't talk about things that we agree upon 

11           all the time, right?  We talk about things 

12           that we have to work out.

13                  NYCPS CHANCELLOR BANKS:  Right.

14                  SENATOR LIU:  And I appreciate the 

15           challenges that you laid out, particularly 

16           fiscal challenges.  We know that the fiscal 

17           cliff that you referred to is because of 

18           federal funding that's running out.

19                  NYCPS CHANCELLOR BANKS:  Right.

20                  SENATOR LIU:  But when you took your 

21           position as chancellor a little more than two 

22           years ago, you knew that that federal funding 

23           was going to dry up.  The mayor knew that 

24           that federal funding was going to go away.


                                                                   201

 1                  So I appreciate the great new programs 

 2           that you put in place.  NYC Reads, few people 

 3           will doubt the efficacy of that program.  

 4           Summer Rising.  But these have all had price 

 5           tags.  So what actions have you and the 

 6           department taken in anticipation of the 

 7           federal funding being dried up?

 8                  NYCPS CHANCELLOR BANKS:  Well, listen, 

 9           we continue to work very closely with the 

10           mayor's office.  And as we said, we've 

11           reduced the head count at our offices, 

12           number one.  And we have worked very closely 

13           with our schools to help them to understand.  

14           We can be engaged in lots of different 

15           activities, but we need our schools to be 

16           very focused on the things that work and that 

17           matter.  

18                  And that's why this reading for us has 

19           been such a priority, because we believe when 

20           you make the proper investments in early 

21           children and in reading, you don't have to 

22           spend millions of dollars on lots of other 

23           programs that people seem to be in love with 

24           those programs to help them to catch up.


                                                                   202

 1                  SENATOR LIU:  So which of those 

 2           programs have you saved money on?  Just name 

 3           one or two.

 4                  NYCPS CHANCELLOR BANKS:  You want to 

 5           talk about just some of the programs?

 6                  NYCPS CFO SCOTT:  Sure.  Some of the 

 7           essential programs that we basically save 

 8           money, one is adhering to the citywide hiring 

 9           freeze in OTPS -- can you hear me?

10                  NYCPS CHANCELLOR BANKS:  Yeah, we're 

11           just introducing ourselves when we --

12                  NYCPS CFO SCOTT:  Oh, I'm so sorry.  

13                  So Seritta Scott, chief financial 

14           officer, New York City Public Schools.  

15                  So to answer your question, some of 

16           the essential programs that we were able to 

17           reduce, reducing our OTPS spending in 

18           alignment with the city's overall OTPS 

19           freeze, our hiring freeze, really taking a 

20           look at our budget and reducing areas within 

21           Central, as the chancellor said, really 

22           focusing on the things --

23                  SENATOR LIU:  So was that enough to 

24           overcome the loss of federal funds, offset?


                                                                   203

 1                  NYCPS CFO SCOTT:  It's not enough to 

 2           offset what we need in order to match what we 

 3           need for federal stimulus-funded programs.  

 4                  But as the chancellor said, we 

 5           continue to work with the mayor's office and 

 6           OMB to advocate for the dollars that we need 

 7           for those programs.

 8                  SENATOR LIU:  And in fact the 

 9           chancellor asked me and my colleagues up here 

10           in the State Legislature to help deliver more 

11           for New York City Public Schools -- for 

12           public schools across the state, no question, 

13           but certainly for New York City Public 

14           Schools.  And I think that we expressed that 

15           we certainly want to support our public 

16           schools.  

17                  But, you know, there are some big 

18           issues out there.  So I'm glad you brought up 

19           the issue of class sizes.  Do you think -- do 

20           you think there are still classes in New York 

21           City that are overcrowded?

22                  NYCPS CHANCELLOR BANKS:  Oh, 

23           absolutely.

24                  SENATOR LIU:  Do you think they have 


                                                                   204

 1           to be addressed?

 2                  NYCPS CHANCELLOR BANKS:  Absolutely.

 3                  SENATOR LIU:  Do you think that -- and 

 4           is that less important than Summer Rising or 

 5           NYC Reads?  

 6                  NYCPS CHANCELLOR BANKS:  No, certainly 

 7           not less important, no. 

 8                  SENATOR LIU:  Okay.  So it's a 

 9           priority that needs to be addressed.

10                  NYCPS CHANCELLOR BANKS:  Sure.

11                  SENATOR LIU:  And in fact it was a 

12           priority that had to be addressed a long time 

13           ago, well preceding your time.  In fact, you 

14           mentioned your hero, Robert Jackson -- we 

15           call him "Action Jackson."  You know, he 

16           walked to Albany a couple of times --

17                  NYCPS CHANCELLOR BANKS:  That's right.

18                  SENATOR LIU:  -- for the Campaign for 

19           Fiscal Equity.  That was not just about the 

20           money.  It was actually about a sound, basic 

21           education.

22                  NYCPS CHANCELLOR BANKS:  That's right.

23                  SENATOR LIU:  To which the money was 

24           supposed to be applied.  And the court said 


                                                                   205

 1           that, you know -- I mean, you as chancellor 

 2           said it yourself -- I believe it also -- that 

 3           overcrowded classes deny a sound, basic 

 4           education.

 5                  But most importantly, the highest 

 6           court of this state said so.  And so we have 

 7           to comply with that.

 8                  NYCPS CHANCELLOR BANKS:  Sure.

 9                  SENATOR LIU:  And that's what the 

10           Foundation Aid is there for, to provide a 

11           sound, basic education.

12                  So, you know, even as chancellor or 

13           even the mayor, you don't have the ability to 

14           just pay for things that you think are very 

15           valuable when the original mandates haven't 

16           been met yet.  That's the problem.

17                  NYCPS CHANCELLOR BANKS:  Yes, and I 

18           agree with you.  And we've been given five 

19           years for implementation of this.  We've got 

20           to be in compliance with 20 percent each of 

21           the five years.  We're in Year 1 as we 

22           currently stand.  And we are in compliance 

23           for Year 1.  We don't see any issues or 

24           challenges being in compliance even next 


                                                                   206

 1           year, for Year 2.  There's some small 

 2           adjustments that we will make, but we've 

 3           always said the first couple of years we 

 4           don't see any real challenge around doing 

 5           that.  But as we get to Years 3, 4 and 5, 

 6           there will be some tradeoffs that we have to 

 7           make.

 8                  We expect to be in compliance with 

 9           this law.  It is a law that you have passed, 

10           and we're going to do everything we can to 

11           be --

12                  SENATOR LIU:  Well that's good to 

13           hear.

14                  NYCPS CHANCELLOR BANKS:  -- in 

15           full compliance.  

16                  No, no, I don't want there to be any 

17           misnomer about this.  It is a law that you 

18           have passed, and it is our job to implement 

19           that law.  What we are simply saying is that 

20           there are lots of other programs that people 

21           in the community do think are very, very 

22           valuable, and they're saying "We don't want 

23           it to be one versus the other."  

24                  We're certainly hopeful that the state 


                                                                   207

 1           and federal government can continue to help 

 2           support us so that we can do that.  We don't 

 3           want to be in a position where we've got to 

 4           reduce our 3-K programs because we're going 

 5           to make sure that we comply with this class 

 6           size law.  

 7                  We've got social workers in almost all 

 8           of our schools around the city.  Most people 

 9           around the city have said, We think that's 

10           really important, we don't want to lose 

11           those.

12                  SENATOR LIU:  I appreciate your 

13           commitment.  Because we certainly wouldn't 

14           want to see what Commissioner Rosa alluded to 

15           earlier today, that the City of New York lost 

16           some school funding from the state because of 

17           the noncompliance with class size -- and then 

18           later on you finally came in compliance, and 

19           that money was restored.

20                  But you said that you expect -- you're 

21           in full compliance this year, you fully 

22           expect to be in compliance in Year 2.  We 

23           said from the outset that the whole reason 

24           for a five-year phase-in was because we 


                                                                   208

 1           expect the city, without having to do 

 2           anything, to be in compliance for the first 

 3           couple of years, possibly Year 3.  

 4                  And that's just something that I would 

 5           like to, you know, make sure you understand 

 6           that we understand.  That while you say the 

 7           public schools in New York City are in 

 8           compliance in Year 1 and potentially in Year 

 9           Two, that's without doing a single thing.  

10           You've been in compliance without doing 

11           anything.

12                  So I implore you -- and if Dan wants 

13           to answer -- because he's shaking his head, I 

14           don't want it to fall off.  

15                  (Laughter.)

16                  SENATOR LIU:  You know, tell us that 

17           you are going to be in compliance and you got 

18           to start taking the actions now.  You can't 

19           wait until Year 3 to finally say, well, you 

20           know what, now we're going to have to make 

21           tradeoffs.  Just like you couldn't spend the 

22           last couple of years making plans to truly 

23           offset that federal fiscal cliff that we all 

24           knew was coming.


                                                                   209

 1                  NYCPS CHANCELLOR BANKS:  We've got -- 

 2           Senator, we've -- our estimations are that 

 3           we're going to have to hire about another 

 4           10,000 to 12,000 teachers in order to be in 

 5           full compliance.

 6                  SENATOR LIU:  In order to provide a 

 7           sound, basic education for all New York City 

 8           schoolkids.

 9                  NYCPS CHANCELLOR BANKS:  Yeah.  Well, 

10           there are lots of components to providing a 

11           sound, basic education that go even beyond 

12           just the class size.  You can put five kids 

13           in a class, but if you don't have a good 

14           teacher, you won't have a sound, basic 

15           education.

16                  SENATOR LIU:  Well, without reducing 

17           the class sizes, you would still be in 

18           violation of the State Constitution as 

19           interpreted by the Court of Appeals.

20                  NYCPS CHANCELLOR BANKS:  No, that's 

21           what I'm saying.  So I'm just sharing with 

22           you the projections of what we're looking at.  

23           We've got to hire another 10,000 to 12,000 

24           teachers in order for us to be in compliance.  


                                                                   210

 1                  But -- and we're estimating that, and 

 2           the IBO is estimating that at anywhere from 

 3           1.5 to close to $2 billion for us to do that.  

 4           That's on top of the funding that we're 

 5           already at.  But --

 6                  SENATOR LIU:  By the way, 

 7           Mr. Chancellor, a year ago you were sitting 

 8           in that seat saying that the cost estimate 

 9           would be about 500 million to a billion 

10           dollars a year.  

11                  I've only got one minute left.  Let me 

12           just say that --

13                  NYCPS CHANCELLOR BANKS:  That was K to 

14           5.  That was not for the entire -- that was 

15           not for the entire system.

16                  SENATOR LIU:  Yeah, but up to 

17           $1 billion for the entire school system, that 

18           was the estimate a year ago.  

19                  Let me just finally say this, that, 

20           you know, the issue of class sizes is not an 

21           isolated issue.  I think the issue here is 

22           that many of us, especially your hero 

23           Senator Jackson, wanted to force the City of 

24           New York to reduce class sizes much earlier 


                                                                   211

 1           on.  And I actually was opposed to that 

 2           because we had not fulfilled our end of the 

 3           bargain to fully fund Foundation Aid.  

 4                  Now that we have, we have to insist 

 5           that the City of New York come in compliance 

 6           with the Court of Appeals interpretation of 

 7           the State Constitution.  That's all we're 

 8           asking for.  And what this does, though, it 

 9           highlights an issue, a nagging issue to me 

10           that with every new administration that comes 

11           in, they forget the promises made by the 

12           previous administration.  That is what the 

13           current school governance system in New York 

14           City provides.  

15                  And so there's a lack of continuity, 

16           and we will continue this in my Round 2 of 

17           questioning.  Thank you.  

18                  CHAIRWOMAN KRUEGER:  Thank you.  

19                  Assembly.

20                  ASSEMBLYMAN BENEDETTO:  Assemblyman 

21           Ra.

22                  ASSEMBLYMAN RA:  Thank you, 

23           commissioner -- Chancellor, I'm sorry.  

24                  So just a few questions.  You went 


                                                                   212

 1           into a few of these items within your written 

 2           testimony.  

 3                  The 35,000 migrant students that have 

 4           been enrolled, do you have any estimates in 

 5           terms of the fiscal side of that whether it's 

 6           staff -- I assume many of them, you know, are 

 7           English language learners, transportation, 

 8           space -- those types of issues as it relates 

 9           to enrolling those students and providing 

10           them an education?

11                  NYCPS COO VADEHRA:  Yes, thank you for 

12           the question.  And to introduce myself, which 

13           I failed to do, I'm Emma Vadehra, I'm our 

14           deputy chancellor for operations and finance 

15           in New York City Public Schools.

16                  There has been an additional cost 

17           associated with the students we are serving.  

18           And just to look at the additional 

19           asylum-seeking students we're serving, to 

20           look at the past two years, over the course 

21           of the last year we put about $120 million 

22           directly into school budgets.  That's for the 

23           students -- we fund our schools based on 

24           enrollment -- and for additional dollars for 


                                                                   213

 1           staff. 

 2                  Over the course of this year, so far 

 3           we've put about $130 million out to school 

 4           budgets directly for those students we 

 5           believe are these students, and for funding 

 6           associated with that.  

 7                  We also -- as the chancellor 

 8           mentioned, we also continue to put out money 

 9           throughout the year for increasing 

10           enrollment.  So we've put out also 

11           $20 million for that.  We assume some of that 

12           is due to these students; some is not.  

13                  There are additional costs associated 

14           with busing and food.  Those are a little bit 

15           harder to pull out, since they're actually a 

16           small proportion of all the students across 

17           our system.

18                  ASSEMBLYMAN RA:  Okay.  And am I 

19           correct, has there been any direct support 

20           from the federal government related to this?

21                  NYCPS COO VADEHRA:  We have not 

22           received new directed support from the 

23           federal government related to this, no.  

24                  These students are impacting our 


                                                                   214

 1           enrollment, so at some point we will, but no.

 2                  ASSEMBLYMAN RA:  Thank you.

 3                  Just moving to a different issue.  I 

 4           know -- and you mentioned it, the recent plan 

 5           you put out regarding antisemitism and 

 6           Islamophobia.  You know, there have been a 

 7           few I think newsworthy and high-profile 

 8           incidents in recent months, you know, from 

 9           the teacher in Queens and that whole 

10           incident.  There was the recent issue with 

11           the map that omitted Israel from it.  

12                  If you can just elaborate a little bit 

13           on this plan that you recently rolled out.  

14           My understanding is you plan to provide 

15           additional training, you know, at the -- I 

16           guess at the building level, and to teachers.  

17           And just how that's going to be rolled out, 

18           what the time frame is of all that.

19                  NYCPS CHANCELLOR BANKS:  Yeah, yeah.  

20           So, and many have heard in the papers 

21           initially so much of this kicked off with 

22           Hillcrest High School and the incident at 

23           Hillcrest High School in Queens where we had 

24           a Jewish teacher who was targeted.  That's my 


                                                                   215

 1           alma mater, Hillcrest, so it was very 

 2           personal to me.  And I know the school very, 

 3           very well.  It's a great school.  

 4                  But when you see an issue like that of 

 5           antisemitism rear its head, we recognized we 

 6           needed to do something.  But we started to 

 7           see these incidents happening all across the 

 8           city, and we certainly don't think that they 

 9           are unconnected to the current crisis that 

10           we're watching happening in the Middle East.  

11                  So emotions are running high, not only 

12           across the city, but it has certainly visited 

13           itself in our schools and with our adults and 

14           our students.  And one of the biggest 

15           challenges has been our students are so 

16           deeply influenced by what they see on social 

17           media, and then when they come into school so 

18           many of our teachers have been afraid to 

19           engage the kids in these kind of courageous 

20           conversations, if you will, because nobody 

21           wants to be accused of saying the wrong 

22           thing.  

23                  So what we're doing is really 

24           encouraging our schools, providing a level of 


                                                                   216

 1           professional development training, bringing 

 2           in other groups who are expert in these 

 3           spaces to help them understand how to have 

 4           these conversations as well as how to deal 

 5           with their own internal bias based on their 

 6           own experiences that our adults themselves 

 7           have.  

 8                  So it's a big body of work.  We've got 

 9           schools where kids have behaved very badly, 

10           and we don't think that there have been the 

11           proper consequences that have been applied, 

12           and so we're doing a retraining for all of 

13           our principals around the city around how to 

14           properly use the discipline code.  Because we 

15           do think that the consequences are laid out 

16           already.  We don't need to add anything new.  

17           It really is going to take a whole systemwide 

18           kind of reeducation for everybody for us to 

19           do this.

20                  And the final component is we haven't 

21           fully embraced engaging the faith-based 

22           community as well.  We've started a 

23           faith-based advisory council, which I'm 

24           meeting with, which many members of the 


                                                                   217

 1           Jewish community, Muslim community, as well 

 2           as other religions -- we speak over 180 

 3           languages in our New York City public 

 4           schools.  And so it's a wide diversity here, 

 5           and we're going to do everything we can to 

 6           try to get it right.

 7                  ASSEMBLYMAN RA:  Thank you.

 8                  CHAIRWOMAN KRUEGER:  Thank you.

 9                  Our next questioner is Education Chair 

10           Shelley Mayer.

11                  SENATOR MAYER:  Hello, Chancellor.  

12           Welcome.  Welcome to your team.

13                  The first question is, as you know, 

14           the Governor's Executive Budget proposes a 

15           change in the calculation of Foundation Aid 

16           by readjusting the inflationary factor.  

17           Which, according to what I see, would -- if 

18           it had run according to the existing law, the 

19           City of New York would get an additional 

20           $131,881,000. 

21                  So question one is have you expressed 

22           or are you expressing publicly your concern 

23           about this?  And if so, I didn't see in your 

24           testimony, other than just a reference to it, 


                                                                   218

 1           what are you going to do about losing 

 2           $131 million?

 3                  NYCPS CHANCELLOR BANKS:  That's why we 

 4           came here.

 5                  (Laughter.)

 6                  SENATOR MAYER:  Oh.  Okay.

 7                  NYCPS CHANCELLOR BANKS:  No, so we are 

 8           on the record here officially, and we 

 9           certainly want to be in strong communication 

10           with the Governor's office to express our 

11           formal -- our position and feelings about 

12           this.  We think that this does not help us at 

13           the level that we expect.  

14                  And Emma, we can talk a little bit 

15           more about just what we have experienced in 

16           the past, we had reasonable projections that 

17           at least that formula was going to be 

18           consistent with what it has been in the past.  

19           And there's certainly now additional 

20           adjustments we're going to have to make at 

21           the loss of revenue.

22                  NYCPS COO VADEHRA:  Yes.  So I know 

23           you all have already heard about this, but 

24           yes, so our calculations are the same.  We 


                                                                   219

 1           would have expected to see an additional 

 2           $130 million, and we're certainly 

 3           disappointed to see that change, not one that 

 4           we were expecting, and deeply believe those 

 5           additional dollars are needed (a) generally 

 6           just to keep up with inflationary costs that 

 7           all districts are facing, right?  Our costs 

 8           are going up -- our busing costs, our food 

 9           costs are going up.  And then as the 

10           chancellor said, of course we -- like all 

11           districts -- have additional needs due to the 

12           stimulus cliff.

13                  SENATOR MAYER:  What is the rate of 

14           inflation in our budget that you use to 

15           project your costs for the coming year?  If 

16           you know.

17                  NYCPS CHANCELLOR BANKS:  Do we know 

18           the rate that we work from?

19                  SENATOR MAYER:  If you don't know, 

20           someone can get back to me.

21                  NYCPS COO VADEHRA:  We can get back to 

22           you on that.  And I will also say it differs 

23           across our different contracts, which we were 

24           just looking at as well.  But they're 


                                                                   220

 1           outpacing what the state is providing us, 

 2           right, so -- 

 3                  SENATOR MAYER:  They are outpacing the 

 4           rate that the state has -- okay.

 5                  The other thing is you mentioned about 

 6           what you use the stimulus funding for, 

 7           Chancellor, which I think many of us are very 

 8           sympathetic that, frankly, you used it for 

 9           ongoing expenses for services that needed to 

10           be provided to the students of New York 

11           City -- arts; social workers, you mentioned 

12           that; pre-K; special ed; tutoring; teacher 

13           recruitment and preparation.

14                  Now that you're facing these loss of 

15           the federal funds, what's going to happen to 

16           these particular services, particularly 

17           social workers in schools and pre-K, 

18           special ed, community schools -- actually, 

19           everything you list here.  What is your 

20           intention?

21                  NYCPS CHANCELLOR BANKS:  You know, 

22           we -- we're going to have to reduce, 

23           probably, the amount of these services that 

24           we're providing if we don't get additional 


                                                                   221

 1           help.  And that's part of the reason why 

 2           we're here today.

 3                  But if we were to assume that there's 

 4           no additional help that is coming, then that 

 5           is going to mean that we're going to have to 

 6           be having to make significant reductions in 

 7           those services and programs that we have 

 8           offered.  Community schools, the arts 

 9           programs -- these are all things that are 

10           critical.  

11                  And if there are no additional 

12           dollars -- because we are looking to shrink 

13           as much of our central budget as possible, 

14           but even that our central budget is a small 

15           percentage of the overarching budget.  The 

16           vast majority of our dollars that we get go 

17           directly to our schools and they sit in 

18           school budgets.  But we will have less 

19           dollars that we will be able to spend on all 

20           those programs.  That's just what the bottom 

21           line is going to be, unless we get real help.  

22                  And what we know is that our schools 

23           and our parents and our communities really, 

24           really, really love all of these programs, 


                                                                   222

 1           and we're going to do the best that we can.  

 2           But if we just don't have any additional 

 3           dollars, there's nothing else we'll be able 

 4           to do other than to make reductions.

 5                  SENATOR MAYER:  I understand.  

 6                  Have you done a projection of layoffs 

 7           or reduction of services that's a document 

 8           you'd share, or are you not --

 9                  NYCPS COO VADEHRA:  We have not done 

10           projections of layoffs or reductions in 

11           services.  We are still hoping -- we don't 

12           control our budget, and we are still hoping 

13           to get additional dollars to support some of 

14           these programs.  And we are working with us 

15           and with the city on prioritizing them.  

16                  I know there was the question of sort 

17           of what have you already phased down, and I 

18           would note to that question one of the things 

19           we have already phased down that was 

20           stimulus-funded -- in part because it's the 

21           kind of thing you can phase down in a 

22           different way -- is we had some facilities 

23           investments that we were doing with that 

24           money that we've already started to phase 


                                                                   223

 1           down.  

 2                  So where there's things like that that 

 3           are not direct programming to kids and 

 4           families, as the money started to climb, we 

 5           started to phase those out.  But looking 

 6           ahead, we're hoping to be able to protect as 

 7           many of these programs as possible.

 8                  NYCPS CHANCELLOR BANKS:  Yeah, and we 

 9           get a lot of our -- you know, our support -- 

10           you know, the direct appeal comes from the 

11           mayor as well, and we ask the mayor.  And 

12           he's very much aware of all of these programs 

13           as well.  And so while we've not made all of 

14           these direct projections just yet because 

15           we're still waiting to see, you know, from 

16           the mayor's office what additional supports 

17           we get -- I'll give you an example, is the 

18           Summer Rising.  

19                  We were very concerned, as the 

20           stimulus funding is running out, our ability 

21           to still be able to meet the needs of the 

22           Summer Rising.  It may be the most popular 

23           program that we have right now.  And 

24           110,000 students K-8 -- we could easily have 


                                                                   224

 1           150,000 students.  And the mayor just days 

 2           ago really made the commitment to help to 

 3           close that gap.  

 4                  Maybe there are other gaps as well 

 5           with some of these other programs.  As 

 6           community voices are heard, the mayor is 

 7           hearing it as well.  And so there are 

 8           adjustments that are made to our budget.  

 9           Ultimately we work with the budget that we're 

10           given.

11                  SENATOR MAYER:  Except the budget that 

12           you're given it sounds like is a subject of, 

13           you know, political pressure and parents' 

14           voices, and things can be changed on the city 

15           side, according to what you just said.

16                  NYCPS CHANCELLOR BANKS:  I would say 

17           so.  Budgets are, you know, political 

18           operatives, if you will.  And so, you know, 

19           they're always subject to some form of shift 

20           and adjustment.

21                  SENATOR MAYER:  So to that end, what's 

22           the current plan about 3-K for the coming 

23           year?

24                  NYCPS CHANCELLOR BANKS:  Specifically 


                                                                   225

 1           meaning what?  The --

 2                  SENATOR MAYER:  Are you -- is 3-K 

 3           going to be reduced in its scope?

 4                  NYCPS CHANCELLOR BANKS:  Yeah -- no.  

 5           So 3-K, first of all, you should just know we 

 6           believe also is an extremely valuable 

 7           program.  And 3-K is also something that we 

 8           think ties directly to everything we believe 

 9           in around literacy development.  And our 

10           whole efforts around NYC Reads is also very 

11           connected to pre-K and 3-K.

12                  The challenge that we faced as we came 

13           in here, into this administration, was around 

14           the amount of money that we were spending for 

15           empty seats, where there was an 

16           oversaturation of seats in one particular 

17           community and not enough seats in other 

18           communities, where -- but we were paying for 

19           those empty seats.  

20                  And so what we are working very 

21           closely, together with the Mayor and OMB, is 

22           around kind of shrinking the amount of money 

23           that we've been spending on seats that were 

24           not being actually utilized -- underutilized 


                                                                   226

 1           seats.  And so that's essentially where we 

 2           are.  We're looking at a shrinking of these 

 3           underutilized seats.

 4                  SENATOR MAYER:  Without a reduction in 

 5           the overall program for the need that exists?  

 6           Or is there a shrinking of the overall 

 7           program?

 8                  NYCPS CHANCELLOR BANKS:  Yeah, no.  

 9           No, no, we're not looking at a shrinking in 

10           the overall program.  We've made a commitment 

11           that any family who's looking for a 3-K seat, 

12           there will be a seat that will be provided to 

13           that family.

14                  The challenge there is that it may not 

15           always be an available seat in the 

16           neighborhood that you're in.  If all those 

17           seats are already filled, you may have to go 

18           to a different neighborhood in order to get 

19           that seat.  But that's all generated by 

20           demand in any particular area.

21                  SENATOR MAYER:  Lastly, I just wanted 

22           to thank you for your responsiveness to me 

23           and others about acts of antisemitism and 

24           Islamophobia in the district, and your 


                                                                   227

 1           convening of a multi-faith council.  And, you 

 2           know, I have spoken to you about sharing the 

 3           resources for other school districts.  I 

 4           happen to think it's something that should 

 5           have been included in this budget.  There 

 6           should have been funding for this.  This is a 

 7           statewide school problem.

 8                  And so I appreciate your taking 

 9           leadership on that and look forward to you 

10           sharing the resources, the ones that you 

11           think are successful.  Not all of them are, 

12           so -- appreciate that.

13                  NYCPS CHANCELLOR BANKS:  Appreciate 

14           it, Senator.  Thank you.

15                  CHAIRWOMAN KRUEGER:  Thank you.

16                  Assembly.

17                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

18           Hyndman.

19                  ASSEMBLYWOMAN HYNDMAN:  Good morning.  

20           Oh, sorry, good afternoon, Chancellor.

21                  NYCPS CHANCELLOR BANKS:  Good 

22           afternoon, Assemblymember.

23                  ASSEMBLYWOMAN HYNDMAN:  So one of the 

24           things that one of my colleagues said in an 


                                                                   228

 1           earlier panel and it brought to mind is we 

 2           talk a lot about parent participation and the 

 3           lack of, and I know 2023 was the CEC 

 4           elections took place for the 2023-2025 cycle.

 5                  Can you tell how much you spent on -- 

 6           how much did the New York City Department of 

 7           Education spend on those elections?  Because 

 8           we've seen a drop since the pandemic of 

 9           parents attending because the virtual option 

10           is no longer there, and those meetings are 

11           hardly attended.  If that's one of the first 

12           ways to get parent participation -- as you 

13           know, I was a former CEC member and there was 

14           a lot of ways how we were able to engage 

15           parents.

16                  NYCPS CHANCELLOR BANKS:  Sure.  Right.

17                  ASSEMBLYWOMAN HYNDMAN:  So if you 

18           could tell me the numbers for that.

19                  NYCPS CHANCELLOR BANKS:  Yeah, we 

20           don't have that readily available, but we can 

21           certainly get that to you.

22                  ASSEMBLYWOMAN HYNDMAN:  Okay.  And 

23           what other methods do you involve to get 

24           parent participation up for our public 


                                                                   229

 1           schools?  You know, I am pleased about the 

 2           NYC Reads program and the career pathways, 

 3           especially because of the six high schools I 

 4           represent in District 29.  And the Summer 

 5           Rising program, I know our parents take full 

 6           advantage of that. 

 7                  But I think, you know, the explanation 

 8           about the midyear budget adjustments, it 

 9           makes sense to us, because now we're seeing 

10           some of our schools are becoming more 

11           overcrowded because there's a lot more 

12           migrant students, especially in the Bricktown 

13           area of District 29.  That school, PS/IS 116, 

14           a small school, has a lot more students and a 

15           new principal, which is a lot for her to take 

16           on at such time.

17                  So what supports are being given to 

18           principals who are dealing with an influx 

19           every month, especially in Southeast Queens?  

20           As you know, transportation issues have 

21           always been an issue, worrying about students 

22           getting the education they need as sites 

23           change, as the parents have to recertify.

24                  And if you could also talk about we do 


                                                                   230

 1           a lot of -- a lot of our schools want to do 

 2           more violence prevention in our middle 

 3           schools, and what are you doing to offset 

 4           that in our middle school populations?

 5                  Thank you.

 6                  NYCPS CHANCELLOR BANKS:  Thank you, 

 7           Assemblymember.

 8                  First, Deputy Chancellor Dan Weisberg 

 9           will respond.

10                  FIRST DEP. CHANCELLOR WEISBERG:  Thank 

11           you very much, Assemblymember.  It's a great 

12           question.

13                  We know that in District 29 many of 

14           the schools have really opened their arms and 

15           hearts to our newcomer -- our newest 

16           New Yorkers.  Our first thing is what we hear 

17           most from principals on this issue of course 

18           is funding.  So if you have 80 additional 

19           kids that come in during the course of the 

20           fall, you know, September to December, one of 

21           the things that Emma and Seritta and their 

22           folks do is -- and they have ramped this 

23           up -- is to make sure the funding is 

24           available right away, as quickly as possible, 


                                                                   231

 1           so you can post and hire teachers.  That's 

 2           really important.  That's probably the most 

 3           tangible thing we can do from Central.

 4                  CHAIRWOMAN KRUEGER:  Thank you.

 5                  We're up to Senator Chu.

 6                  SENATOR CHU:  Thank you, Chair.

 7                  Good to see you here, Chancellor Banks 

 8           and now the team.  

 9                  So we already heard a lot about the 

10           federal funding and the new formula for the 

11           Foundation Aid.  We are facing some cuts to 

12           service, the staffing -- we all heard about 

13           this.  

14                  So what exactly is the impact we're 

15           talking about to our student population?  

16           And -- because we all can agree after the 

17           school hours, the study, the learning 

18           experience does not end when the school hours 

19           are done or after they graduate from the 

20           school building.  The learning continues in 

21           the public libraries as well, lifetime.

22                  So now we're talking about the city 

23           also cutting those libraries' service.  With 

24           all those -- the school assistance funding 


                                                                   232

 1           got cut, likely, and the public library 

 2           funding, the service hours got cut, what 

 3           exactly is the impact to our student 

 4           population?  And how do you mitigate that?

 5                  NYCPS CHANCELLOR BANKS:  Yeah, it's 

 6           maybe a little difficult to respond to.

 7                  But I would say this.  Our -- this is 

 8           where we engage so many of our community 

 9           partners as well who have provided additional 

10           supports and services to our schools.  So 

11           earlier I heard Dr. Rosa speak about museums.  

12           We have encouraged greatly our schools to be 

13           engaged with community-based partners who 

14           also provide a wide range of services that go 

15           even beyond the budgets that we have even in 

16           our schools.  We got hundreds of those 

17           organizations, which continue to do work in 

18           our schools to try to help mitigate some of 

19           the pain that we are feeling and some of the 

20           pain that we know is still to come.

21                  But yeah, we -- but what I really want 

22           our schools to stay very focused on is 

23           keeping the main thing the thing.  And the 

24           main thing is to ensure that our students are 


                                                                   233

 1           going to be academically proficient and be 

 2           able to be in school and do what we need them 

 3           to be able to do to perform in school.  And 

 4           that's why we have continued to center the 

 5           priorities for us around reading and around 

 6           math instruction, that those things we still 

 7           think will be very focused in some of the 

 8           Career and Technical Education and our 

 9           career-connected learning.  Critically 

10           important for us.

11                  So in spite of some of these other 

12           challenges and some of the other areas where 

13           we know we're going to suffer some loss, that 

14           we're still going to be able to keep our eye 

15           on the prize.

16                  SENATOR CHU:  Thank you, I appreciate 

17           that.

18                  And, second question, under the state 

19           law secondary schools with more than 

20           700 students are required to have a full-time 

21           certified school librarian and part-time for 

22           those below the enrollment threshold.  

23           However, back in 2023 the numbers show, in 

24           our 1600 New York City schools, only 


                                                                   234

 1           260 certified school librarians.  Are we able 

 2           to address that?

 3                  NYCPS CHANCELLOR BANKS:  It's 

 4           interesting, we were just talking about that 

 5           a little bit earlier today.  So we have an 

 6           effort underway to try to increase the amount 

 7           of school librarians.  It is not easy to 

 8           always find the folks who have all the 

 9           certifications to step into that role.  But 

10           it ties very directly into all the things 

11           that we think are critically important.

12                  So yeah, it is a shortcoming in our 

13           schools.  For many, many years we've never 

14           had enough librarians, we've never had enough 

15           fully stocked libraries.  And so yeah, that 

16           remains one of the issues and challenges that 

17           we are continuing to look at.  But we have 

18           450 of our schools actually across the city 

19           that have a library, and 185 of our campuses 

20           that have the spaces, and 265 certified 

21           librarians.  And so far from where we really 

22           want to be, and this remains an area of real 

23           challenge for us.

24                  SENATOR CHU:  Thank you.  


                                                                   235

 1                  And speaking of the space, I actually 

 2           want to bring to your attention and also see 

 3           if you have the answer.  When we are 

 4           designing a new school, what's the ratio for 

 5           the school libraries when we consider the 

 6           school population size and the classroom of 

 7           the libraries?  

 8                  Because I want to bring to your 

 9           attention Brooklyn Tech High School is the 

10           largest public high school in the 

11           United States of America.  They have 

12           6,000 students.  However, their school 

13           library, the capacity is only 100 students.  

14           It's ridiculous.  

15                  Like, first I want to know if you're 

16           aware of the situation.  And also, when we're 

17           doing the construction school planning with 

18           the SCA, are those in the consideration?

19                  NYCPS CHANCELLOR BANKS:  Yeah, I don't 

20           know what the particular formula is.  I don't 

21           even know about many of our schools that have 

22           multiple libraries in any particular 

23           building.  You know, when Brooklyn Tech was 

24           designed, it certainly wasn't designed for 


                                                                   236

 1           6,000 students.  But it was still designed as 

 2           a huge school.

 3                  SENATOR CHU:  The largest.

 4                  NYCPS CHANCELLOR BANKS:  Yeah, and 

 5           with a large library.  But certainly not a 

 6           library that would seem commensurate with 

 7           4,000 to 6,000 students in the building, 

 8           right? 

 9                  But as you're asking the question 

10           around how we do our new school designs --

11                  SENATOR CHU:  Yes.

12                  NYCPS CHANCELLOR BANKS:  -- we don't 

13           design many schools now for 4,000 to 6,000 

14           students anyway.  Most of our schools are 

15           much smaller than that.

16                  SENATOR CHU:  What would be the ratio?  

17           Say 300 students, what would be the ratio for 

18           that space?

19                  NYCPS CHANCELLOR BANKS:  I think it's 

20           still just one library generally that we 

21           design in a school.  It's an interesting 

22           question, it really is.  It's not one that's 

23           ever been raised before, that if you have a 

24           school that has a library because you have 


                                                                   237

 1           500 kids, should you consider having two 

 2           libraries if you have 3,000 students or 

 3           something.

 4                  So I'll make a note of that, but it's 

 5           the first I've ever heard it even being 

 6           raised.

 7                  SENATOR CHU:  Thank you.  You know, 

 8           30-students capacity in one classroom, with 

 9           300 students, that means we need a 600 for 

10           the books {inaudible}.

11                  NYCPS CHANCELLOR BANKS:  Yeah, and I 

12           would just say that -- and the way that the 

13           advent of technology, so much of the work 

14           that we're doing now is used from a 

15           technological standpoint that it's been in 

16           fact reducing kind of the overreliance on the 

17           physical library structure.  

18                  So I'm not sure that we would still be 

19           in a position to say we're going to develop 

20           multiple libraries when we are required to 

21           build, you know, X number of classrooms and 

22           gyms and dance studios and a wide range of 

23           other things that people also think are 

24           important.


                                                                   238

 1                  But it's something that we can 

 2           certainly take a look at.

 3                  SENATOR CHU:  Exactly.  And that's how 

 4           I want to draw the attention.  I appreciate 

 5           you talk about the dance, the arts and 

 6           thinking out of the box, be creative when we 

 7           design our schools -- new schools nowadays, 

 8           we modernize the new schools.

 9                  So I want to talk about the class 

10           size.  I have local schools and parents and 

11           school leadership express their concern they 

12           didn't get much support from the public 

13           school system and they may, due to compliance 

14           for the class size law, they need to cut down 

15           arts, dance, science, jazz class -- I don't 

16           think that's the approach, and I believe we 

17           all agree those enrichment classes are as 

18           important as academics.  

19                  So I really want to know what's the 

20           public school system here giving the guidance 

21           or the suggestion -- or what's the plan, 

22           actually, given out to the local school, 

23           instead of telling the principal to go figure 

24           it out?


                                                                   239

 1                  NYCPS CHANCELLOR BANKS:  Listen, in 

 2           the schools like a Brooklyn Tech, which are 

 3           just -- I mean, they're packed.  That's a 

 4           school that makes the case for an overcrowded 

 5           class and an overcrowded school.  And we 

 6           absolutely --

 7                  SENATOR CHU:  Elementary schools.  

 8           Specifically elementary schools are 

 9           overcrowded here.

10                  NYCPS CHANCELLOR BANKS:  Right, yeah, 

11           I was just making a -- making a connection, 

12           right?  So at the far end you have some 

13           schools which are clearly, to any reasonable 

14           person, you can see class sizes are just far 

15           too large, too many kids.  

16                  We need to respond to that, and that's 

17           what this class-size bill will require us in 

18           fact to do.  And I was an elementary school 

19           teacher, and no one wants to have 35 students 

20           in a class.  And this class-size bill is 

21           meant to respond to that.

22                  But what we have said to all of our 

23           principals across the city -- and this work 

24           is going on right now -- is we have to do a 


                                                                   240

 1           full assessment of every space that we have 

 2           in that building.  And the priority is going 

 3           to be where we know we're going to have of 

 4           the special programs that are really good, 

 5           and we enjoy having those programs, but if 

 6           we're not in a position to maintain those 

 7           because we need that space as additional 

 8           space, we're going to have to do that.

 9                  And that's what we're doing.  We're 

10           doing -- we have parents who believe very 

11           deeply in the 3-K programming that we have.  

12           But we had a working group which put on the 

13           record for us, the majority of the working 

14           group, to say you should consider moving all 

15           the 3-K programs out of the schools, because 

16           you're going to need those classes in order 

17           to meet the class-size mandate.  And we're 

18           going to hear from parents in a big way about 

19           that as well.

20                  And so there are a lot of things that 

21           we have to look at in order to get to this 

22           compliance, which we will.  But those are 

23           examples of some of the things we're talking 

24           about when we say there are going to be 


                                                                   241

 1           tradeoffs that are going to be needed.  We've 

 2           got rooms where special programming is 

 3           happening, counseling is taking place -- we 

 4           may not be able to afford to do those because 

 5           we're going to need those spaces in order to 

 6           comply with the class-size --

 7                  SENATOR CHU:  Which -- that's why I 

 8           want to bring to your attention I'm hoping 

 9           the SCA or school -- the public school 

10           system, when doing those -- be creative.

11                  NYCPS CHANCELLOR BANKS:  Thank you.

12                  SENATOR CHU:  I'll circle back.

13                  CHAIRWOMAN KRUEGER:  Thank you.

14                  Assembly.

15                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

16           Pheffer Amato.

17                  ASSEMBLYWOMAN PHEFFER AMATO:  I like 

18           how you say that.

19                  (Laughter.)

20                  ASSEMBLYWOMAN PHEFFER AMATO:  Good 

21           afternoon, Chancellor and team.

22                  NYCPS CHANCELLOR BANKS:  Good 

23           afternoon.

24                  ASSEMBLYWOMAN PHEFFER AMATO:  I'm 


                                                                   242

 1           going to switch it over a little bit.  

 2                  You know, what changes would the 

 3           administration support in regard to CECs' 

 4           accountability and ensure that hate has no 

 5           room in our classroom?  In the meetings and 

 6           the correspondence of the CEC -- and I'm 

 7           particularly talking about the CEC 14 

 8           president, who called out for a walkout on 

 9           school days.  

10                  And in addition, a New York City 

11           principal, on her letterhead, hosting a 

12           meeting this weekend, actually Saturday, 

13           calling on other educators to inform them on 

14           how to teach about the genocide of 

15           Palestinians and Israel occupation, which let 

16           me just say is absolutely false.  So how does 

17           a principal just take it on her own to host a 

18           curriculum?  Which we heard earlier today 

19           it's very hard to get curriculum in our 

20           schools.  

21                  But really about the CEC and how this 

22           sort of stuff is going haywire.  I appreciate 

23           if you could comment on that.

24                  NYCPS CHANCELLOR BANKS:  Yeah, listen.  


                                                                   243

 1           You know, the CECs themselves are -- we've 

 2           seen examples where we've had some challenges 

 3           coming from our CECs.  And we are meeting 

 4           with them and we are reinforcing and 

 5           reiterating expectations from the CEC.  

 6                  The challenge that we have with regard 

 7           to that is that ultimately CECs are duly 

 8           elected bodies that don't come under the full 

 9           control of the chancellor.  And I think many 

10           people believe that they do.  And we 

11           certainly have a role and responsibility in 

12           that space, but our interpretation has been 

13           that we don't have complete direction over 

14           the CECs.

15                  Now, that being said, when we think 

16           that folks are engaging outside of the bounds 

17           of what they've been elected to do, we are 

18           having those conversations, we are 

19           admonishing where we need to.  And in the 

20           cases where we think the removal is 

21           necessary, we will do that.

22                  ASSEMBLYWOMAN PHEFFER AMATO:  So you 

23           have that authority to remove, then, if it's 

24           outside the boundaries?  


                                                                   244

 1                  NYCPS CHANCELLOR BANKS:  If -- if -- 

 2           if it is outside the boundaries.  There are 

 3           folks who would challenge that, but that's a 

 4           challenge that we'll be prepared to deal 

 5           with.

 6                  ASSEMBLYWOMAN PHEFFER AMATO:  I mean, 

 7           we spend tons of money in this system, in the 

 8           curriculum or in the other conversations 

 9           about bullying and teaching our students how 

10           to act appropriately.  And I know we can't 

11           control parents, and I want to say as a 

12           former Parent Association president, I 

13           encourage parents' participation, and that's 

14           where we're trying to figure out how to do 

15           more in.  But when they're bad actors or 

16           actresses, how do we do that?  Because it's 

17           not acceptable to go on social media and 

18           pull -- you know, tell students to come out 

19           for a protest.  You're telling kids in 

20           Far Rockaway, which I represent -- shout out 

21           to 27 -- and kids are just jumping on the 

22           train to head out to Brooklyn.  Who's 

23           responsible for that student?  Ultimately, 

24           that CEC president is responsible for 


                                                                   245

 1           anything that happens to any student outside.

 2                  (Time clock chiming.)

 3                  NYCPS CHANCELLOR BANKS:  (Sighing.)

 4                  ASSEMBLYWOMAN PHEFFER AMATO:  Good 

 5           answer.  

 6                  (Laughter.)

 7                  NYCPS CHANCELLOR BANKS:  I had a 

 8           better one.

 9                  ASSEMBLYWOMAN PHEFFER AMATO:  We'll 

10           talk more offline.  Thank you, though.

11                  NYCPS CHANCELLOR BANKS:  I had a 

12           better one.

13                  ASSEMBLYWOMAN PHEFFER AMATO:  Yup.  

14           Thank you.

15                  CHAIRWOMAN KRUEGER:  (Laughing.)  I'm 

16           sorry, that wasn't fair. 

17                  Robert Jackson.  

18                  SENATOR JACKSON:  Welcome, everyone.  

19           Thank you for coming up.

20                  NYCPS CHANCELLOR BANKS:  Senator.

21                  SENATOR JACKSON:  I just have some 

22           quick questions.  

23                  How much money was held up that John 

24           Liu made reference to, because you were not 


                                                                   246

 1           in compliance and then subsequently the State 

 2           Education Department gave you the money that 

 3           you were entitled to?  

 4                  NYCPS CHANCELLOR BANKS:  Yeah, so I 

 5           heard that part of the testimony earlier 

 6           which was a little baffling for me, to be 

 7           honest with you.  When we talk about holding 

 8           up, we submitted our report in a timely 

 9           fashion.  As a response to the report that we 

10           submitted, there were some questions that 

11           were then raised.  This is part of a natural 

12           process.  And that took -- over the course of 

13           about two weeks, and at the end of the two 

14           weeks, the funds were released.  So there was 

15           no major holdup; this was a pretty standard 

16           process of what happens here.  

17                  And ultimately how much money were we 

18           talking about?

19                  NYCPS COO VADEHRA:  About 750 million.  

20           But as the chancellor said, we did get it 

21           when we expected to get it, given when the 

22           report was turned in.  

23                  And we went back and forth on some 

24           questions; the final implementation report is 


                                                                   247

 1           what was approved.  

 2                  SENATOR JACKSON:  The Executive Budget 

 3           basically -- everyone is being cut.  I mean, 

 4           half of the school districts are screaming 

 5           about the cuts that are being made.  How much 

 6           is going to be impacted -- if in fact it 

 7           stays that way, which we don't expect, how 

 8           much money are you going to lose?  So I heard 

 9           earlier it was about $131 million?

10                  NYCPS COO VADEHRA:  That's what we 

11           think the difference is, yes.  

12                  SENATOR JACKSON:  Okay.  All right.  

13           And the New York -- so that's what you -- the 

14           highest -- you know, in the Campaign for 

15           Fiscal Equity Contract for Excellence, the 

16           class-size reductions and money should go to 

17           the highest-need schools.  Because my 

18           understanding is that this was -- there was a 

19           class size workgroup in which Johanna Garcia, 

20           who is my chief of staff, was the elected 

21           cochair, with Dr. Marmor, the principal of a 

22           high school in Queens.  

23                  But I've been hearing that your first 

24           deputy chancellor was uplifting the minority 


                                                                   248

 1           report of seven members versus the guidelines 

 2           from 40-plus members, who were the majority 

 3           of the people on there, in order to vet 

 4           exactly what needs to be done.  In my 

 5           opinion -- and I was not there -- it seems 

 6           like a bias towards the minority report 

 7           versus the majority report, which there were 

 8           over 40 people there.  So ...

 9                  NYCPS CHANCELLOR BANKS:  Our first 

10           deputy was very much involved with this whole 

11           process and can speak to that.

12                  SENATOR JACKSON:  Oh, I understand.

13                  FIRST DEP. CHANCELLOR WEISBERG:  Thank 

14           you, Senator.  

15                  So not only are we not biased in favor 

16           of any particular member's views, we've been 

17           raising up, even here, the recommendations 

18           from the majority, which we think are very 

19           important.  I don't know exactly what that 

20           report was about.  I did recently attend a 

21           CEC meeting, CEC 20, where one of the members 

22           who helped put out the minority report is the 

23           CEC president, so certainly referred to it at 

24           that point.  


                                                                   249

 1                  But we are lifting up, believe me, the 

 2           recommendations of the majority report, which 

 3           I think personally deserve a lot of 

 4           attention.

 5                  CHAIRWOMAN KRUEGER:  Thank you.

 6                  Assembly.  

 7                  ASSEMBLYMAN BENEDETTO:  And for the 

 8           second time in a row, Senator Jackson -- 

 9           Assemblywoman Jackson.

10                  ASSEMBLYWOMAN JACKSON:  It's Jackson 

11           and Jackson.  

12                  (Laughter.)

13                  ASSEMBLYWOMAN JACKSON:  Happy Black 

14           History Month.

15                  NYCPS CHANCELLOR BANKS:  Thank you.

16                  ASSEMBLYWOMAN JACKSON:  Bard College 

17           is in my district, so I'm grateful to have 

18           it.  

19                  And I just want to say Project Pivot, 

20           thank you for thinking of that.  It's used to 

21           help reduce and prevent violence.  

22                  I'm just wondering how the funding for 

23           this project is allocated, how much funding 

24           is actually put into it.  Are the schools 


                                                                   250

 1           receiving it, or are the community-based 

 2           organizations receiving it?  

 3                  NYCPS CHANCELLOR BANKS:  (To COO 

 4           Vadehra.)  You want to speak to that?  

 5                  But let me just say, before you get to 

 6           the number, Bard as well as Pivot were put 

 7           into your district because we heard from the 

 8           people in the district.  So I just want to 

 9           make that distinction.  Because we've heard a 

10           lot about the fact that there have been a lot 

11           of things, you know, with community voices 

12           not heard.

13                  ASSEMBLYWOMAN JACKSON:  I was one of 

14           the loudest voices.

15                  NYCPS CHANCELLOR BANKS:  Yup, 

16           absolutely.  

17                  But in terms of the numbers?

18                  NYCPS COO VADEHRA:  Thank you very 

19           much for the question.  

20                  We're spending about 15 million on 

21           Project Pivot this year.  As the chancellor 

22           said, that's supporting about 250 schools, 

23           and the money's -- you know, this is about 

24           supporting the CBOs working in those school 


                                                                   251

 1           communities and the CBOs that have been there 

 2           a long time to support those school 

 3           communities.

 4                  ASSEMBLYWOMAN JACKSON:  Does the money 

 5           go to the CBOs, or to the schools to spend 

 6           down?  

 7                  (Overtalk.)

 8                  ASSEMBLYWOMAN JACKSON:  Are the 

 9           schools giving the money to the CBOs?  How is 

10           that working?

11                  NYCPS COO VADEHRA:  The money's in a 

12           contract with the CBO.

13                  ASSEMBLYWOMAN JACKSON:  With the CBO.

14                  NYCPS COO VADEHRA:  Yes.

15                  ASSEMBLYWOMAN JACKSON:  Okay, great.  

16                  And then Chancellor, I just want you 

17           to know that I'm paying for like library 

18           upgrades and all kind of technologies, 

19           technical stuff in my schools.  I bought a 

20           calming space with my discretionary funds.  

21           Thank you to my speaker.  

22                  I'm just wondering, when does my 

23           responsibility get to pull back and this 

24           actually be a responsibility at DOE to take 


                                                                   252

 1           care of, instead of me and my little bit of 

 2           $265,000 trying to solve a problem of a 

 3           library or technical issues in my district?

 4                  NYCPS CHANCELLOR BANKS:  Listen.  You 

 5           know, we are funding these schools and trying 

 6           to provide as many of the supports as we 

 7           possibly can.  We absolutely also rely on 

 8           other elected officials to do the best that 

 9           you can to help plug the gaps.  We don't 

10           always expect that we can fill every single 

11           need that every single school has.  And we 

12           try to fill the most, the greatest needs.  We 

13           may not always have the funding to have a 

14           room like you just -- a calming room.  And in 

15           fact, in light of, you know, the class-size 

16           law, we may not be able to do that anyway, 

17           because that room may now have to be 

18           repurposed for the purpose of class size.

19                  So -- and that's not a knock on 

20           anything, it's just simply to say that we all 

21           have a role to play here, and I think 

22           together, as long as we continue to work 

23           together, we will try to plug as many of the 

24           gaps as we possibly can.


                                                                   253

 1                  ASSEMBLYWOMAN JACKSON:  It's -- it 

 2           gets a bit expensive and it's much harder for 

 3           my public schools, non-charter schools, to 

 4           get things done through the School 

 5           Construction Authority.  I just want to put 

 6           that out there.  

 7                  When money goes to the charter 

 8           schools, they put things up in a minute.  My 

 9           schools are waiting time after time, all kind 

10           of processes.  So if we can work on that 

11           together, I'd be glad to.

12                  NYCPS CHANCELLOR BANKS:  Mm-hmm.

13                  CHAIRWOMAN KRUEGER:  Thank you.  

14                  Is Senator Brisport here?

15                  SENATOR BRISPORT:  Yes.

16                  CHAIRWOMAN KRUEGER:  Oh, there you 

17           are.

18                  (Off the record.) 

19                  SENATOR BRISPORT:  Thank you.

20                  Chancellor, in your testimony you 

21           mentioned several programs being funded by 

22           federal stimulus funding that is running out.  

23           And in your response to Senator Mayer 

24           earlier, you said that without additional 


                                                                   254

 1           help New York City will be considering making 

 2           cuts to those programs.

 3                  The Invest in Our New York package of 

 4           legislation contains several bills to tax the 

 5           rich and raise revenue.  Would you support 

 6           the state raising revenue for additional 

 7           education funding to avoid cuts to critical 

 8           programming in New York City public schools 

 9           and to potentially expanding them?  

10                  NYCPS CHANCELLOR BANKS:  I'm -- I 

11           mean, you know, I would certainly take a look 

12           at that and weigh in at the appropriate time.  

13           But I don't know that I want to be on record 

14           as saying that in this particular moment in 

15           time.

16                  SENATOR BRISPORT:  Okay.  So not a yes 

17           yet -- 

18                  NYCPS CHANCELLOR BANKS:  No, not a yes 

19           yet.

20                  SENATOR BRISPORT:  I also want to 

21           mention -- in another response to 

22           Senator Mayer about early childhood 

23           education, you spoke about removing 

24           underutilized seats.  What percentage of 


                                                                   255

 1           those underutilized seats occurred at 

 2           facilities that are fully staffed?

 3                  NYCPS CHANCELLOR BANKS:  Do we know?  

 4           Do we have any numbers off the top --

 5                  SENATOR BRISPORT:  Okay, I'm asking 

 6           because I see no evidence that unused seats 

 7           reflect a lack of need in the community, and 

 8           only have seen evidence that unused seats 

 9           happen when there's not enough workforce to 

10           teach those seats.  

11                  I have a childcare center in my 

12           district -- actually, Shirley Chisholm -- 

13           that at one point had half of its seats empty 

14           because it had half the teachers it needed.

15                  NYCPS CHANCELLOR BANKS:  We can 

16           certainly provide that to you, because we 

17           have a lot of numbers around that.

18                  SENATOR BRISPORT:  Thank you so much.  

19                  But my question is, would you support 

20           efforts to raise wages for the early 

21           childhood educator workforce in order to 

22           recruit more and stabilize the sector?

23                  FIRST DEP. CHANCELLOR WEISBERG:  So 

24           this is a long-standing issue, the issue of 


                                                                   256

 1           pay parity.  And it's one that the mayor and 

 2           the chancellor are committed to addressing.  

 3                  One of the ways we took tangible steps 

 4           was investing in early childhood programs for 

 5           disabled children and providing contract 

 6           enhancement that allowed for greater pay, 

 7           which has made a big difference.  

 8                  But this is a larger problem, and it's 

 9           a much more expensive problem.  So it's 

10           something -- something that we're going to 

11           have to tackle together.

12                  SENATOR BRISPORT:  Thank you.  

13                  I yield my time.

14                  CHAIRWOMAN KRUEGER:  Thank you.  

15                  Assembly.  

16                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

17           Mitaynes.

18                  ASSEMBLYWOMAN MITAYNES:  Hi, thank 

19           you.  

20                  I want to talk a little bit about 

21           learning loss.  A lot of our kids are still 

22           catching up, and some may never catch up, 

23           actually entering adulthood without the 

24           skills needed for success.  


                                                                   257

 1                  Achievement gaps across race in the 

 2           state persist in districts.  And considering 

 3           we have wealthy neighborhoods and very poor 

 4           neighborhoods, is there any data on 

 5           differential rates of recovery from learning 

 6           loss?

 7                  NYCPS CHANCELLOR BANKS:  Not that we 

 8           have here.  But certainly some numbers that 

 9           we can give to you.

10                  ASSEMBLYWOMAN MITAYNES:  I appreciate 

11           that.

12                  Also federal funding requires 20 

13           percent of the funds be spent on learning 

14           loss.  How much has been spent on learning 

15           loss?  What percentage of the federal funding 

16           has been used for that particular need?

17                  NYCPS COO VADEHRA:  Give us a moment 

18           and we'll send that up and give it to you.  

19                  But I would just say we have been 

20           spending the required 20 percent -- and, 

21           frankly, would argue and then some, in terms 

22           of the many ways in which our federal dollars 

23           are supporting recovery.  

24                  But give us a minute.  


                                                                   258

 1                  ASSEMBLYWOMAN MITAYNES:  On mayoral 

 2           control, you want four more years, and there 

 3           was various hearings that were happening.  A 

 4           lot of what I heard were parents, students 

 5           and staff saying that they don't want to 

 6           continue the mayoral control.

 7                  NYCPS CHANCELLOR BANKS:  Right.

 8                  ASSEMBLYWOMAN MITAYNES:  What do you 

 9           say to that?  What do you say to them 

10           particularly?  

11                  NYCPS CHANCELLOR BANKS:  I would say 

12           that I think that what I heard -- and I 

13           attended four of the five hearings as well -- 

14           that many of the folks who were saying that 

15           they do not want it were not saying 

16           necessarily what they wanted.  

17                  And many of the people who were 

18           expressing that they did not want to see 

19           mayoral control, what I refer to as mayoral 

20           accountability, I think the -- many of them 

21           were referring to lots of things that 

22           happened even before this administration.  

23           They were upset about collocations with 

24           charter schools and a wide range of other 


                                                                   259

 1           issues.  

 2                  What I have said is that, I think very 

 3           clearly, to judge this administration on what 

 4           we have done in the two years that we've been 

 5           here and judge us on the record that we 

 6           have -- we have engaged with elected 

 7           officials in New York City like no other 

 8           administration has.  We've been completely 

 9           transparent.  We've been open.  

10                  We have met the needs of what's 

11           happening with Project Open Arms and these 

12           migrants who have come into our school 

13           system, and we have made sure that we have 

14           been there to support them.  Enrollment is up 

15           for the first time in eight years.  Our 

16           academic performance is up, and outpacing the 

17           state.  

18                  We believe that we have earned the 

19           right to have mayoral control continue -- not 

20           for any political reason, but based upon what 

21           we're doing.  And the fact that -- an example 

22           of NYC Reads and what we're doing to ensure 

23           that every child can read is amazing.  

24                  I became chancellor, and I had almost 


                                                                   260

 1           no one other than Assemblyperson Simon and 

 2           Bobby Carroll, who said to me, Can you ensure 

 3           that the kids can read?  Nobody was saying 

 4           that.  They were talking to me about all 

 5           manner of programs.  But meanwhile, for all 

 6           of the money that we had, kids couldn't even 

 7           read.  

 8                  But we were able to bring together an 

 9           entire systemwide approach to ensure that 

10           every child is going to be on grade level by 

11           the third grade, and be able to respond to 

12           this migrant crisis and be able to get kids 

13           back in school after the pandemic.  We think 

14           we've earned that right.

15                  CHAIRWOMAN KRUEGER:  Thank you.  

16                  Senator Cordell Cleare.

17                  SENATOR CLEARE:  Okay, I'm going to 

18           try to go really fast.  

19                  Hi, good to see you.

20                  NYCPS CHANCELLOR BANKS:  Good to see 

21           you, Senator.

22                  SENATOR CLEARE:  To meet the 

23           class-size mandate, I read in your comments 

24           that you convened a working group, and I 


                                                                   261

 1           commend you for doing that.  

 2                  Did the possibility of surveying the 

 3           space occupied by collocations, especially 

 4           that may not see the same kind of enrollment 

 5           of -- and experiencing the number of ELL 

 6           learners, the number of newly arrived 

 7           New Yorkers and their programs and special 

 8           needs -- was that considered, to survey those 

 9           spaces?  

10                  Before we try to take away 3-K and 

11           other services, we do have in our schools a 

12           lot of collocations.  Did we look at that 

13           space?

14                  NYCPS COO VADEHRA:  Appreciate the 

15           question.

16                  So we are actually -- we're surveying 

17           all our schools for all their spaces, just to 

18           make sure.  So we have central data, but 

19           we're asking -- this is one of the 

20           recommendations of the working group, was 

21           great, you all have data, what do your 

22           principals actually think of that data?  Is 

23           it up-to-date?

24                  So we're in the process of asking 


                                                                   262

 1           everybody -- that will be about collocated, 

 2           that will be about all schools in terms of 

 3           whether there's additional classroom space 

 4           available.

 5                  As you know, one of the reasons --

 6                  SENATOR CLEARE:  So that includes 

 7           charters.  You are looking at those spaces as 

 8           well?

 9                  NYCPS COO VADEHRA:  Yes, as a part of 

10           the looking at the space survey, yes.

11                  As you know, one of the reasons we end 

12           up -- can I finish one more?  One of the 

13           reasons we end up with collocated schools is 

14           because of the state law requirement that we 

15           either collocate or fund the leases for those 

16           schools.  So it's a tradeoff either way.

17                  SENATOR CLEARE:  So that's related to 

18           my next question --

19                  NYCPS COO VADEHRA:  Oh, sorry.

20                  SENATOR CLEARE:  And your position on 

21           the fact that New York City is the only 

22           district in the state that has to pay charter 

23           rent, and the only district in the state that 

24           does not receive any charter transition aid.  


                                                                   263

 1           That, according to the education law center, 

 2           costs us an estimated $258 million in fiscal 

 3           year '23, and deprived the DOE of 2.6 billion 

 4           since 2011.

 5                  NYCPS CHANCELLOR BANKS:  Yeah, no, 

 6           that's the reality.  But that's the law.  

 7           That's the law that the State Legislature 

 8           passed and we are bound to adhere to.  

 9                  And so you certainly wouldn't ask us 

10           to comply with the law around class size but 

11           say, violate the law on how we have to 

12           support charter schools.  If we move every 

13           charter school out of the spaces of New York 

14           City Public Schools right now, we would have 

15           an even heftier tab to pay for their rent in 

16           outside space, therefore reducing even more 

17           resources from our current schools.  So we 

18           take it from one, but you pay for it on the 

19           other side as well.

20                  SENATOR CLEARE:  Okay, thank you.

21                  You made general mention of the 

22           migrant influx to New York City in your 

23           testimony.  What are the education budget 

24           shortfalls, if any, related to the influx of 


                                                                   264

 1           migrants to our school districts?

 2                  And just real quick, because you could 

 3           try to get both -- in the Governor's State of 

 4           the State she offered a mental health clinic 

 5           to any school that wants it.  I've heard that 

 6           50 percent of school districts did not apply.  

 7           Are any of those in New York City?  And if 

 8           so, how many, where and why?

 9                  NYCPS CHANCELLOR BANKS:  Two 

10           questions, 10 seconds.  I'll try to go quick.

11                  SENATOR CLEARE:  You've got 

12           10 seconds.

13                  (Laughter.)

14                  NYCPS COO VADEHRA:  We're working 

15           closely on the mental health clinics.  The 

16           state's been a great partner, and we're 

17           continuing to expand those.  Happy to give 

18           numbers some other time.

19                  Asylum seekers, the --

20                  SENATOR CLEARE:  Okay, you'll get it 

21           to me.

22                  CHAIRWOMAN KRUEGER:  Thank you.

23                  SENATOR CLEARE:  (Inaudible.)

24                  NYCPS COO VADEHRA:  I would say the 


                                                                   265

 1           real cost is that --

 2                  CHAIRWOMAN KRUEGER:  No, I'm going to 

 3           cut you off.  But you are more than welcome 

 4           and we'll happily have you follow up with 

 5           everybody.  Thank you.

 6                  Assembly.

 7                  ASSEMBLYMAN BENEDETTO:  Assemblyman 

 8           Manny De Los Santos.

 9                  ASSEMBLYMAN DE LOS SANTOS:  Thank you, 

10           Chancellor Banks, for being here.

11                  A lot has been said about class size, 

12           and we truly understand the importance and 

13           impact that it has in our kids' education and 

14           families as well are patiently waiting for.  

15           But the reality is I'm still trying to 

16           understand, as we speak today, what's the 

17           update?  What's currently happening with 

18           class size?  Can you provide a quick update?

19                  NYCPS CHANCELLOR BANKS:  Well, the 

20           quick update is that we were given a 

21           five-year rollout timeline, and that every 

22           year we've got to meet the mandate by 

23           20 percent.

24                  ASSEMBLYMAN DE LOS SANTOS:  But what 


                                                                   266

 1           are we currently doing as we speak right now 

 2           to make that a reality?  What initiative is 

 3           being taken?

 4                  NYCPS CHANCELLOR BANKS:  Well, the 

 5           first thing that we did was we formed a 

 6           working group that we were not mandated by 

 7           the law to even have to do.  That was the 

 8           first thing, is to do an overarching 

 9           assessment of where we are.

10                  So we first of all we got all -- we 

11           organized that working group.  That working 

12           group has produced a number of 

13           recommendations that we are currently 

14           considering all of them.  As we speak right 

15           now, all of our principals across the city 

16           are doing a full-on assessment, we're doing a 

17           survey systemwide of what our spaces actually 

18           look like, what those spaces could be 

19           converted to.

20                  You've got a school that has a dance 

21           studio in its school that they use for dance 

22           programs, primarily even after school.  Our 

23           ability to convert that into a traditional 

24           classroom so it can be used to reduce class 


                                                                   267

 1           size.

 2                  These kinds of efforts are happening 

 3           all across the city as we speak right now, so 

 4           that we have all the fundamental data in 

 5           front of us that we need.  But we also 

 6           have -- we already have a lot of data, right?  

 7           We know we have at least 400 to 500 of our 

 8           schools right now that we know will need 

 9           additional classroom space.  It goes beyond 

10           the hiring of even more teachers.  They will 

11           absolutely need additional space.  Francis 

12           Lewis High School in Queens will need an 

13           additional 178 -- 170 classrooms to comply 

14           with -- 78, I'm sorry, additional classrooms 

15           to comply with the class-size law.  We've got 

16           these numbers that are coming in from all of 

17           our schools.  

18                  So it's not going to be just the 

19           number of teachers that we have to hire, it's 

20           also going to be the capital expenses, 

21           because some of them will be able to 

22           repurpose, but many of the schools that are 

23           suffering from real overcrowding, we have to 

24           build.  So that is connected to what we're 


                                                                   268

 1           then going to be able to do with school 

 2           construction projects.

 3                  ASSEMBLYMAN DE LOS SANTOS:  On that 

 4           note, Commissioner Rosa alluded to a 

 5           statewide engagement, parental engagement 

 6           program.  As it relates to DOE, do we have 

 7           something similar to that to engage parents 

 8           more in the process of getting involved in 

 9           their kids' education?

10                  NYCPS CHANCELLOR BANKS:  Well, listen, 

11           class -- not class, parent engagement is 

12           something that is core to how I move as a 

13           leader in the first place.  I spend more of 

14           my time meeting with parent groups than 

15           anybody else.  I just came from the Panel for 

16           Educational Policy last night, and CECs I do 

17           twice a month, and many, many others.

18                  ASSEMBLYMAN DE LOS SANTOS:  Thank you.  

19           thank you.  

20                  CHAIRWOMAN KRUEGER:  Thank you.

21                  I believe I'm the last Senator, except 

22           for chairs who may have three-minute 

23           follow-up.

24                  So thank you very much, Chancellor.  


                                                                   269

 1           You've answered many questions already.  And 

 2           a topic that I'm not sure has come up yet, 

 3           although it came up I think with the previous 

 4           chancellor, concerns about the testing 

 5           high schools and the competitiveness and my 

 6           constant question of I'm sure you before 

 7           today, and other chancellors:  If we just 

 8           have more academically rigorous high schools 

 9           for our students to go to, pretty much that 

10           test school issue will probably disappear.  

11                  So how are we doing on increasing the 

12           number of rigorous college-focused 

13           high schools?

14                  NYCPS CHANCELLOR BANKS:  Yeah, and I 

15           think that's one of the things I alluded to 

16           earlier.  That's what Bard Early College 

17           actually reports.  So we've got Bard in the 

18           Bronx, which we just opened this year, and 

19           the demand is already overwhelming there.  

20                  And one of the things that we did was 

21           we prioritized kids from the Bronx for that 

22           school, so it's not just inundated with 

23           students from all around the city, but kids 

24           from the Bronx are actually going to have a 


                                                                   270

 1           great opportunity to go there.

 2                  The following year we expect to open a 

 3           Bard in Brooklyn.  And so -- and we are in 

 4           conversations around a host of other ways to 

 5           build not just more specialized schools, but 

 6           academically rigorous schools.  Which you do 

 7           not necessarily have to take the exam to get 

 8           into the school, but provide a highly 

 9           rigorous program.

10                  Dan, you want to weigh in on anything?

11                  FIRST DEP. CHANCELLOR WEISBERG:  Yeah, 

12           and just to connect it, Madam Chair, our 

13           pathways priority the chancellor established.  

14           So the bold futures.  This is a universal 

15           vision for all of our schools.  So the 

16           idea -- because you're 100 percent right.  If 

17           the school that's 10 blocks away, the high 

18           school that's 10 blocks away is going to give 

19           you a good, solid education, all the moms and 

20           dads feel good about it, then, you know, 

21           whether you get into a specialized school or 

22           not is not going to be as big a deal.  

23                  So how are we going to tackle that?  

24           Opening some new schools like Bard Bronx, 


                                                                   271

 1           Bard Brooklyn, certainly is part of the 

 2           equation.  But part of the equation is making 

 3           sure for every single one of our high 

 4           schools, every child that's in that 

 5           high school is going to graduate with a real 

 6           plan to earn a good living whenever it is 

 7           they enter the workforce, whether that's 

 8           after four years of college, graduate school, 

 9           or they go right into the workforce.

10                  So the Healthcare High School -- 

11                  NYCPS CHANCELLOR BANKS:  The 

12           High School for Health Careers that we're 

13           going to be opening, together with Northwell 

14           Health, with the CEO of Northwell Health is 

15           personally deeply involved, where every 

16           student who graduates from that school is 

17           going to have an opportunity to get a job in 

18           the healthcare industry -- not just on a wish 

19           and a hope, but they're going to have some 

20           guarantees where they're really going to be 

21           able to do that.  

22                  We expect major demand for a school 

23           like that.  We're expecting to locate it in 

24           Long Island City, together with our 


                                                                   272

 1           Motion Picture Tech School.  These are not 

 2           specialized schools, but they are schools 

 3           that really will draw on the great interest 

 4           that kids really have, and we think will give 

 5           kids a really academically rigorous program 

 6           that is not just simply academically 

 7           rigorous, but it is -- it has a tremendous 

 8           focus for potential careers.  

 9                  And that's what we hear from parents 

10           and families all the time:  We don't want 

11           them to just graduate with a diploma and we 

12           say congratulations, but they're actually on 

13           a track and a path to a real rewarding career 

14           and a real job.  That's something that is 

15           very important.  That's what we're trying to 

16           build into this overall portfolio.  

17                  CHAIRWOMAN KRUEGER:  So when you first 

18           became chancellor, I insisted you come to a 

19           complex I was very proud of in my district 

20           with six schools in one building, the Julia 

21           Richman Complex, four high schools, an 

22           elementary, a special needs school.  

23           Everybody always said, Oh, you can't do that, 

24           it won't work -- and it works unbelievably 


                                                                   273

 1           well.  These were kids that weren't supposed 

 2           to be able to ever graduate high school, in 

 3           all of these high schools, and it's a rock 

 4           star group of high schools and the kids 

 5           graduate in four years and they go to 

 6           college.

 7                  But I also have a district where I 

 8           have kids who apply through that high school 

 9           process -- and I know the rules changed, and 

10           I'm not saying I disagree with the rules.  

11           But I have parents who say, My kid didn't get 

12           into any of 10 schools.  So what the hell's 

13           going on there?

14                  FIRST DEP. CHANCELLOR WEISBERG:  

15           That's a -- by the way, as a parent who had 

16           two kids who went through that process, I 

17           totally, totally feel the pain of any parent.  

18           Even if your kid does get into the school you 

19           want, it's a very stressful process.  

20                  How do we make it not stressful, just 

21           alluding to your earlier question and the 

22           chancellor's response.  So one of the things 

23           we're doing to avoid that, because that 

24           should not happen, you get to list up to 12 


                                                                   274

 1           choices.  Everybody should have --

 2                  CHAIRWOMAN KRUEGER:  They didn't get 

 3           into 12 schools.

 4                  FIRST DEP. CHANCELLOR WEISBERG:  

 5           What's that?

 6                  CHAIRWOMAN KRUEGER:  I said 10 

 7           schools, but they didn't get into 12 schools.

 8                  FIRST DEP. CHANCELLOR WEISBERG:  It 

 9           does happen.  Not in many cases, but even one 

10           is too many.

11                  One of the things that we have done to 

12           make the process more family-friendly is to 

13           publish -- this wasn't done, which is a 

14           head-scratcher to me, but it was never 

15           done -- so parents can see before they list, 

16           before the child lists the 12 choices, what 

17           has the waitlist traditionally been in that 

18           school.  

19                  So it's just like applying to college, 

20           for those of us who went to college.  You 

21           don't put all of your choices at the schools 

22           with long, long waitlists.  You've got to put 

23           some where you know you're going to have a 

24           very good chance -- that you're happy with -- 


                                                                   275

 1           of getting in.  

 2                  So that should happen less and less.  

 3           And part of what our guidance counselors do, 

 4           part of what our enrollment people do in the 

 5           welcome centers is counsel our families.  You 

 6           know, don't just list three schools -- which 

 7           a lot of parents do -- that are very, very 

 8           high demand.  That's going to lead to a tough 

 9           situation.  Make sure you look at some of the 

10           other schools which are great but maybe they 

11           don't have traditionally have waitlists.

12                  So that's part of the answer.  

13                  CHAIRWOMAN KRUEGER:  So on the same 

14           theme, and following up on questions around 

15           we need the smaller class size, we need 

16           libraries, we need all these things.  And I 

17           come from a district where for years we just 

18           didn't have enough schools, period, 

19           District 2.  I kept telling other 

20           chancellors, and then one year we woke up and 

21           they were waitlisting kindergartners.  It was 

22           like, wait a second here.  We don't waitlist 

23           kindergartners.  Well, they did in my 

24           district.  


                                                                   276

 1                  So we tried -- we tried, and we were 

 2           successful at building a lot of schools in my 

 3           district.  How?  Because we made deals with 

 4           private developers, through the SCA.  And we 

 5           actually got not only I think five or six new 

 6           schools -- I've been here for 22 years, so it 

 7           was over a period of time -- in my district, 

 8           but the city didn't have to pay for the 

 9           capital costs because we made deals.  You 

10           want to go up six more stories?  We can live 

11           with that if you're going to give us a 

12           school.  

13                  So I hope that this Department of 

14           Education is coordinating very carefully with 

15           the mayor's people who are busy talking about 

16           the City of Yes and rezonings and new rules 

17           and, particularly at least in Manhattan, 

18           commercial to residential.  All of that needs 

19           to happen, but can happen right or wrong.  

20           And in my opinion, it only happens right if 

21           we're factoring in new schools as part of 

22           this deal anywhere it's happening, but 

23           particularly when we're doing commercial or 

24           residential.  


                                                                   277

 1                  I don't want to wake up five years 

 2           from now and be told, Oh, we did all this 

 3           great residential conversion but we don't 

 4           have one school in that district, because 

 5           that is going to blow up in your face and 

 6           whoever replaces me, because I'm not sure 

 7           I'll be here in five years.  

 8                  And so I just hope that you're doing 

 9           really solid coordination on planning for new 

10           school space and taking every opportunity in 

11           any borough to maximize the use of zoning and 

12           building, particularly in support of 

13           affordable housing, for school space also.  

14                  NYCPS CHANCELLOR BANKS:  Yes, 

15           absolutely, Senator.  We thank you.  And 

16           that's a big part of just the formula in 

17           which we work in our office of new schools.  

18           And so yes.

19                  I was just in the Bronx a couple of 

20           days ago, and we are going to look to build a 

21           Bronx STEAM Center.  And for those here who 

22           have been to the Brooklyn STEAM Center, it's 

23           one of the most amazing resources in the 

24           city.  And we're looking at Queens as well, 


                                                                   278

 1           and some other great things that we're 

 2           looking to do in Queens, yes -- 

 3                  (Laughter.)

 4                  NYCPS CHANCELLOR BANKS:  So we are -- 

 5           so the needs are everywhere, but we're 

 6           certainly taking all that into strong 

 7           consideration for sure.

 8                  CHAIRWOMAN KRUEGER:  And for many 

 9           years I've been very concerned that we 

10           changed the rules of the road and everybody 

11           sort of dropped the ball on vocational ed, 

12           because college isn't for everybody, as I 

13           think you already referenced.  So have we 

14           addressed some of the real losses that I 

15           think we saw in the public school system in 

16           high schools for vocational ed?  

17                  NYCPS CHANCELLOR BANKS:  Well, that's 

18           a big part of what we're talking about here.  

19           These schools are -- like the Health Careers 

20           School, you know, these in many ways are what 

21           you may have thought about as your 

22           vocational ed schools, except this is not 

23           your -- as I like to say, this is not your 

24           father's vocational ed stuff.  This is not 


                                                                   279

 1           shop class.

 2                  These are highly rigorous, 

 3           credentialed programs where when kids come 

 4           out with these types of credentials, they can 

 5           step right into the 21st-century workforce 

 6           and put themselves in a position to be on the 

 7           track to the middle class and beyond.

 8                  The Motion Picture Tech High School is 

 9           about teaching kids all of the various trades 

10           that are connected to the motion picture 

11           industry.  And there are just dozens and 

12           dozens of different ways for them to come out 

13           with a real viable career, whether they 

14           decide to go to college or not.

15                  And so we don't really refer to it so 

16           much as vocational ed, that's kind of an old 

17           term.  But it's -- these are career pathway 

18           schools that really provide a level of 

19           career-connected learning.  And this is what 

20           kids are asking for.  They don't want to go 

21           to school just to go to school and then we 

22           give them a diploma and it doesn't mean a 

23           whole lot.  They really want to be able to 

24           come out with the kinds of skills and 


                                                                   280

 1           credentials that they can step right into the 

 2           job market, and that's what we're very 

 3           focused on.  

 4                  And many of those schools are not -- 

 5           they're not specialized high schools in the 

 6           traditional sense, but they are specialized 

 7           in the sense that they're really going to put 

 8           kids on a pathway for their own futures.

 9                  CHAIRWOMAN KRUEGER:  Thank you.  

10           Perfect timing.  Thank you very much.  

11                  Assembly.

12                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

13           Jo Anne Simon.

14                  ASSEMBLYWOMAN SIMON:  So a couple of 

15           questions.  Thank you very much for your 

16           testimony.  A couple of things that I want 

17           to just address.  

18                  A, thank you very much for NYC Reads 

19           and your support of that.  One of the 

20           concerns I have is because when you implement 

21           anything you have rollout issues, you have 

22           training.  And I am somebody who never 

23           supported mayoral control before I was in 

24           office -- so it's not personal.  But I don't 


                                                                   281

 1           want to see NYC Reads become a casualty of 

 2           the current conversation on mayoral control, 

 3           because they're two different things.  

 4                  We really need to do NYC Reads.  We 

 5           need to build it out, and we need to make 

 6           sure our kids are reading.  And I thank you 

 7           for your support on that going forward.

 8                  So -- but also with regard to building 

 9           schools, New York City has got to be a better 

10           negotiator for more space.  And again, that's 

11           how anything gets built today, is if you're 

12           building another building, I'll give you a 

13           school and you have to ask for more space.  

14           Because the Dock Street School should have 

15           been 375 kids at least.  It's 330.  It can't 

16           grow.  It's too small.  But they took a 

17           four-and-a-half; they needed two-and-a-half.  

18           Right?  So it's not your thing, but that's a 

19           big issue --

20                  NYCPS CHANCELLOR BANKS:  I understand.

21                  ASSEMBLYWOMAN SIMON:  -- in terms of 

22           that.  And so that's one question.  

23                  The other question I have is -- one of 

24           my colleagues asked this question, and it 


                                                                   282

 1           goes along with one of my questions, which is 

 2           what are we losing as a result of this 

 3           federal cliff.  I have schools losing 

 4           restorative justice programming, social 

 5           workers, community schools.  I have -- four 

 6           schools are losing in two categories, one is 

 7           losing in all three of those categories.  And 

 8           because of that, that makes it harder then to 

 9           do what we need to do to utilize community 

10           centers in our schools for youth to go and 

11           prevent, you know, gang and gun violence in 

12           Black and brown communities, like having the 

13           schools open seven days a week, 6:00 to 

14           midnight, with programming for communities, 

15           families, youth, ESL programs, workforce 

16           development, wraparound services.  

17                  What are we doing about that?  How are 

18           we going to do these things?  Because they 

19           all need to be done.  What are you going to 

20           do?

21                  NYCPS COO VADEHRA:  So first of all, 

22           thank you for the question.  Really 

23           appreciate your knowledge of where the 

24           stimulus dollars are going in your district.  


                                                                   283

 1           That is very appreciated.  Seriously, I wish 

 2           everyone had that.  That's great.  Because, 

 3           as you said, they're going to some really 

 4           critical programs.

 5                  As the chancellor said earlier, 

 6           there's some of those programs that the city 

 7           has -- that City Hall announced last week 

 8           that the mayor will invest in this year, so 

 9           just thinking about where kids are and how we 

10           make sure there's a safe space for them.  

11           Summer rising is a big piece of that.  Right?  

12           How do we keep our schools open during the 

13           summer --

14                  (Time clock chiming.)

15                  CHAIRWOMAN KRUEGER:  It's a shame they 

16           cut off the list.

17                  NYCPS COO VADEHRA:  It's almost like 

18           you don't want to hear --

19                  (Inaudible overtalk.)

20                  CHAIRWOMAN KRUEGER:  -- continue 

21           offline.  We welcome all responses in 

22           writing, and we will share them with 

23           everyone.  Thank you.

24                  Sorry, second round, Chair John Liu.


                                                                   284

 1                  SENATOR LIU:  Thank you, Madam Chair.  

 2                  For the record, I want to say that 

 3           Liz Krueger will not be replaced, because 

 4           number one, she's irreplaceable.  And number 

 5           two, we're not going to let her go.

 6                  (Laughter.)

 7                  SENATOR LIU:  But Chancellor, I really 

 8           appreciate the discussion on great high 

 9           schools, because there's just been way too 

10           much emphasis on like three schools out of 

11           hundreds.  And I think the emphasis on 

12           providing more choice and high schools of 

13           rigor is absolutely the right thing to do.

14                  NYCPS CHANCELLOR BANKS:  Right.  

15           Right.

16                  SENATOR LIU:  Now, having said that, 

17           this mayor and you as chancellor think it's 

18           the right thing to do.  But in the not too 

19           distant future, potentially maybe -- I'm 

20           going to go out on a limb here -- probably 

21           six years from now there's going to be a new 

22           person and a new administration that comes 

23           in.  And maybe they may not have the same 

24           priorities that you have.


                                                                   285

 1                  NYCPS CHANCELLOR BANKS:  Sure.

 2                  SENATOR LIU:  Just like this current 

 3           mayor and administration doesn't have the 

 4           same priorities that the previous 

 5           administration had.

 6                  NYCPS CHANCELLOR BANKS:  Sure.

 7                  SENATOR LIU:  And, you know, that 

 8           speaks to some of the testimony we heard in 

 9           the public hearings that the State Education 

10           Department held about how best to govern our 

11           schools in New York City.  In fact, I 

12           distinctly recall one of the stakeholders at 

13           the Brooklyn hearing testifying very clearly 

14           that it sounds good, mayoral control, but 

15           every time you have a new mayor, there's like 

16           whiplash that teachers and parents and other 

17           stakeholders, even children experience 

18           because of a sudden shift in priorities and 

19           therefore the dismantling of programs that 

20           lots of people maybe have complained about, 

21           but lots of people like.  Even NYC Reads, 

22           which I trust your judgment -- because I've 

23           known you for a long time -- that that's the 

24           right way to do it.  But I think even you 


                                                                   286

 1           have to concede that not everybody 

 2           universally accepts NYC Reads as like the 

 3           best way to do it.  

 4                  So we don't know what the next 

 5           administration's going to do.  And some would 

 6           argue that all these changes, it's not 

 7           actually good for the long-term stability of 

 8           our public school system.

 9                  NYCPS CHANCELLOR BANKS:  I would say, 

10           Senator, the recognition that there is no 

11           perfect governance system, and if we start 

12           from there.  

13                  I've been in the school system from 

14           before mayoral accountability, and there are 

15           a lot of people I heard even at the hearings 

16           who I don't know if they go back that far.  I 

17           remember what it looked like when we had 

18           32 community school districts kind of all 

19           doing what they wanted to do.  

20                  And I think as we look even across the 

21           nation and we see what some of the community 

22           boards are doing, where they're banning books 

23           and targeting LGBTQ students and a wide range 

24           of things.  It's not like there's a panacea 


                                                                   287

 1           on the other side.

 2                  What we have said here is that we're 

 3           not saying to have mayoral control forever, 

 4           but we certainly think that we have earned a 

 5           right with this mayor and this chancellor.  

 6           You know, after the next six years if you 

 7           decide there's a new mayor in place and you 

 8           want to do it differently -- but we think 

 9           we've earned that right because we've been 

10           open, we've been transformational in the work 

11           that we've been trying to do on behalf of 

12           New York City kids.

13                  CHAIRWOMAN KRUEGER:  Assembly.

14                  ASSEMBLYMAN BENEDETTO:  Ranker Smith.

15                  ASSEMBLYMAN SMITH:  Thank you, 

16           Chairman.  

17                  Thank you, Chancellor.  Thank you for 

18           having your staff join us today.

19                  NYCPS CHANCELLOR BANKS:  Thank you.

20                  ASSEMBLYMAN SMITH:  Can you share what 

21           if any impact smaller class sizes would have 

22           on specialized high schools and middle 

23           schools?  A few of our members were asking.

24                  NYCPS CHANCELLOR BANKS:  Listen, I 


                                                                   288

 1           think smaller class sizes will always benefit 

 2           all kids.  Right?  I mean if you have a class 

 3           with 35 and now you have a class with 18, 

 4           you're going to get more attention and a 

 5           greater opportunity for you to be even more 

 6           proficient in your work.

 7                  But that would apply to any case.  

 8           Many of the kids in the specialized 

 9           high schools are really academically 

10           proficient kids, and so, you know, I don't 

11           know that you'll see dramatic changes.  These 

12           are kids that are already hitting it out of 

13           the park, they're going to the top colleges 

14           in the country.  But still, those kids don't 

15           need to be in a classroom that's 

16           significantly overcrowded.

17                  My position had always been we should 

18           reduce the schools that have significant 

19           overcrowding.  The challenge I always had 

20           with the law was simply that if you take a 

21           school in Brownsville that has 21 kids in the 

22           third grade, by definition that's 

23           overcrowded.  That means that principal now 

24           has to use whatever additional dollars he has 


                                                                   289

 1           to hire an additional teacher for the one 

 2           student.  That to me was what -- that was 

 3           what I had a challenge with.

 4                  But as a concept, I'm not fighting 

 5           against -- I'm not a chancellor that's going 

 6           to fight against smaller class sizes.  I 

 7           believe in smaller class sizes.  But I think 

 8           we should really address the schools that are 

 9           the overriding class challenges and too large 

10           class sizes in different parts of the city, 

11           and that's not everywhere.

12                  ASSEMBLYMAN SMITH:  I think that's a 

13           commonsense approach that you're trying to 

14           take on that.

15                  Now, when we're talking about -- in 

16           your testimony you mentioned that there's an 

17           additional 35,000 students and young people 

18           that have come as a result of the migrant 

19           crisis.  And, you know, as you know, we have 

20           a great public education system.  We educate 

21           every student.  Normally to educate 

22           35,000 students in the State of New York, you 

23           know, at $26,000 per student, you're talking 

24           about $900 million to do that.


                                                                   290

 1                  How are you able to do what you do and 

 2           how are you able to -- you know, and again, 

 3           I'll put it kind of in a different 

 4           perspective because I represent -- I'm out on 

 5           Long Island.

 6                  NYCPS CHANCELLOR BANKS:  Sure.

 7                  ASSEMBLYMAN SMITH:  Our large -- one 

 8           of our largest suburban school districts, 

 9           Brentwood, has 18,000 students.  I represent 

10           the Sachem School District that has 12,000 

11           students.  So you're talking about adding 

12           what would effectively, in other parts of the 

13           state, be very large -- that's like two or 

14           three times the largest school districts we 

15           even have in other parts of the state.

16                  NYCPS CHANCELLOR BANKS:  Sure.

17                  ASSEMBLYMAN SMITH:  How are you 

18           handling that?

19                  NYCPS CHANCELLOR BANKS:  Yeah, I would 

20           tell you, I would say to you, Assemblyman, 

21           that in many ways this has been a really good 

22           thing for us.  Because what you have to 

23           remember is this.  For the five years prior 

24           to our arrival in office, New York City lost 


                                                                   291

 1           150,000 students and families from our 

 2           schools, including 70,000 who left within two 

 3           years of our arrival.  Families have been 

 4           leaving New York City and leaving our 

 5           schools.  For many years we would say we have 

 6           over a million kids; we no longer have over a 

 7           million students.  We had a high point of 

 8           1.1 million.  We're over 900,000, but we do 

 9           not have even a million students anymore.

10                  So in many ways these students who are 

11           coming are helping to fill the empty seats 

12           that have now, you know, been existing for 

13           the last several years.  We were on a decline 

14           in enrollment for over five years.  Now we're 

15           on the uptick.  And so it would be one thing 

16           if these students came on top of the 

17           1.1 million that we had.  They did not.  In 

18           many ways they're still filling the empty 

19           spaces of the families who have left.  We 

20           actually see that as a boon for our school 

21           system.

22                  ASSEMBLYMAN SMITH:  Okay, thank you 

23           for the clarification on that, because I 

24           think that -- as you're mentioning that, 


                                                                   292

 1           that's definitely something that on paper you 

 2           may not -- you know, it may not be 

 3           recognized.

 4                  NYCPS CHANCELLOR BANKS:  Sure.

 5                  ASSEMBLYMAN SMITH:  In terms of -- and 

 6           we talked about it in the earlier part of the 

 7           day -- the Foundation Aid cuts, do you have 

 8           any feeling -- because I know on the whole at 

 9           least the Governor had proposed, you know, a 

10           $200 million increase in Foundation Aid for 

11           New York City but under the previous formula 

12           it would have been greater than that.  

13                  Can you reflect on that?  I know 

14           obviously we're going to work to get 

15           additional funds.

16                  NYCPS CHANCELLOR BANKS:  Yeah.  And I 

17           mean that's been part of the challenge that 

18           we've been talking about, which is any loss 

19           of funds severely affects us.  And 

20           particularly when you couple that with the 

21           fact our stimulus funds are running out and 

22           the city is facing tremendous fiscal 

23           challenges.  All of these things happening at 

24           the same time.


                                                                   293

 1                  And so it does require us to make very 

 2           difficult choices.  And how that plays out is 

 3           as we engage parents and families and 

 4           communities -- and you're talking about 

 5           really tough choices around programs that 

 6           people love and that make a real difference 

 7           in the lives of their kids -- that we're not 

 8           in a position to necessarily fund all of it 

 9           is a challenge for us when you -- if you say 

10           we can lose Summer Rising because we're going 

11           to use that money to fund something else, and 

12           we have parents who will say to us, What are 

13           you doing?  That program was critical for my 

14           family.  So tough choices.

15                  ASSEMBLYMAN SMITH:  Thank you.

16                  NYCPS CHANCELLOR BANKS:  Thank you.  

17                  CHAIRWOMAN KRUEGER:  Thank you.  

18                  Last for the Senate, three minutes 

19           more for Senator Chu.

20                  SENIOR CHU:  Thank you, Chair.

21                  Chancellor, so I'm very, very excited 

22           to hear about the Motion Picture Technology 

23           High School.  That sounds amazing.  And this 

24           is the beauty of New York:  We are a diverse 


                                                                   294

 1           community, and the diverse need is the 

 2           crucial -- that as a public school system we 

 3           need to meet every family's need as much as 

 4           possible.

 5                  So I just want to bring it back to the 

 6           class size.  So the law was passed back in 

 7           2022, over a year already, given that now 

 8           we're in January 2024.  So what exactly is 

 9           the plan from the DOE, the public school 

10           system here, to -- to imagine about this, how 

11           we meet the compliance with the class size in 

12           2028, however, also meet the need for gifted 

13           and talented, for District 75, for the 

14           bilingual classes, for the enrichment, for 

15           the AP classes?  What exactly is the plan?  

16                  And it's not right to tell the school 

17           to go figure it out or tell us there's a 

18           financial -- it's a collaboration, it's a 

19           partnership.  We need to figure out how to be 

20           creative to -- when you do those designing, 

21           how do you restructure what exactly is the 

22           plan after the 12 months, past year?

23                  FIRST DEP. CHANCELLOR WEISBERG:  Thank 

24           you so much, Senator.  And, you know, this is 


                                                                   295

 1           part of the reason why the chancellor 

 2           convened the working group, was to answer 

 3           just those questions.  How do -- you know, 

 4           what is the best way to comply?  You're 

 5           pointing out some really important tradeoffs 

 6           that would have to be made.  You're also a 

 7           hundred percent right, we would not throw 

 8           this on the schools and tell them just to 

 9           figure it out.  

10                  But there will be decisions that will 

11           have to be made as we phase in 20 percent a 

12           year in order to comply.  We can comply with 

13           this law, and we will comply with this law.  

14           It is going to require some choices to be 

15           made.

16                  So the working group talked about some 

17           steps that can be taken.  You can cap 

18           enrollment at your high-demand schools and 

19           make the student body smaller.  That's one 

20           method you could do.  You could move out 

21           early childhood programs.  You can move out 

22           other programs.  That's another way you could 

23           do it.  In some schools, Senator, we just 

24           would need more funding to hire additional 


                                                                   296

 1           teachers because the classrooms are already 

 2           there.

 3                  So it's going to vary by school, but 

 4           in every case it's going to require some 

 5           tradeoffs.

 6                  SENIOR CHU:  That's exactly what I 

 7           want to point out.  Like other than 

 8           tradeoffs, there's no second path, there's no 

 9           way we can figure something out to 

10           restructure?  Like --

11                  FIRST DEP. CHANCELLOR WEISBERG:  So 

12           let me -- yeah.  I mean, it's a great 

13           question.  Let me be -- let me answer it very 

14           directly.  No.  There are only a finite 

15           number of ways you can reduce class size.  

16           One is you can create another class if you 

17           have space and hire a teacher.  Obviously 

18           that additional teacher requires funding -- 

19                  (Time clock chiming.)

20                  FIRST DEP. CHANCELLOR WEISBERG:  

21           Anyway, there are two other ways, but we'll 

22           get to that.

23                  CHAIRWOMAN KRUEGER:  You can follow up 

24           on the two other afterwards.  Thank you.  


                                                                   297

 1                  Assembly, I believe the Senate is 

 2           complete.

 3                  ASSEMBLYMAN BENEDETTO:  To close out 

 4           on the Assembly side, Assemblyman Pirozzolo.

 5                  ASSEMBLYMAN PIROZZOLO:  thank you, 

 6           Mr. Chairman.  

 7                  Good evening.  Thank you, Chancellor, 

 8           for being here.  Good evening?

 9                  (Laughter.)

10                  NYCPS CHANCELLOR BANKS:  It feels like 

11           that, right.

12                  ASSEMBLYMAN SMITH:  Anyway, thank you 

13           and the team for being here. 

14                  I want to start out on a pleasant 

15           note.  Your IGA, Brandon Bloomfield, from 

16           your office, has been a very big asset to my 

17           office, which means he's a tremendous asset 

18           to you.  So there are times that things work, 

19           so you can let him know that I say thank you.

20                  NYCPS CHANCELLOR BANKS:  Thank you.

21                  ASSEMBLYMAN PIROZZOLO:  I'm a little 

22           bit surprised that some of my colleagues have 

23           mentioned things about school safety, and 

24           that would have given you a very good 


                                                                   298

 1           opportunity to discuss two issues that I 

 2           wanted to talk about with you, and that would 

 3           be the Safe Watch Act and the hiring of 

 4           assistant safety agents.  I thought that 

 5           would have been a perfect opportunity for you 

 6           to bring those up, but you had neglected to 

 7           do so.  

 8                  And as I've been sitting here, I was 

 9           just notified that there's been a very 

10           unfortunate incident in Van Buren where two 

11           students have been stabbed and possibly an 

12           illegal handgun has been --

13                  NYCPS CHANCELLOR BANKS:  While we're 

14           here?

15                  ASSEMBLYMAN PIROZZOLO:  While we're 

16           here.

17                  -- has been uncovered.  Not that those 

18           things would have stopped, but, you know, the 

19           assistant safety agents I think would 

20           certainly be a very big and important thing.  

21           So we can address that.

22                  As far as mayoral control is 

23           concerned, I don't want to take this 

24           personally, because I don't mean you 


                                                                   299

 1           personally --

 2                  NYCPS CHANCELLOR BANKS:  Sure.

 3                  ASSEMBLYMAN PIROZZOLO:  -- think you 

 4           deserve mayoral control.  I don't think 

 5           anyone has earned it.  As a parent and a CEC 

 6           member, president for seven years, I really 

 7           feel that there is zero place for parental 

 8           input on a meaningful level.  So I'm going to 

 9           ask you this question, which is:  Do you 

10           think that there should be a New York City 

11           parents union that is an equal partner in 

12           educational decisions for New York City 

13           schoolchildren that is not under your 

14           influence?  

15                  Okay?  That's really been the problem.  

16           It's you and it's the teachers' unions, and 

17           there's zero meaningful input from 

18           independent parents.  And until we get that, 

19           there's no tripod.  You know, balance is 

20           always going back and forth.

21                  And then I wanted to speak about 

22           possible bias that we have.  There was a 

23           lawsuit recently about a young lady who 

24           wanted to apply to take the test prep classes 


                                                                   300

 1           for the specialized high school, an Asian 

 2           lady, and she was told that she 

 3           overrepresented her population, you know, and 

 4           that it wasn't allowed for that.  So there 

 5           are certainly certain issues that I think 

 6           exist.

 7                  In addition, we've had the issue with 

 8           the "Wheels on the Bus" song that have been 

 9           changed, you know, like we mentioned with the 

10           map.  And I don't know that I see enough from 

11           you as far as don't do it, stop doing it, or 

12           whatever.  I mean, you might be handling it 

13           behind the scenes, but as a legislator or as 

14           a parent, you know, we're supposed to be 

15           creating safe spaces for our children, and I 

16           can say that I don't think that we always 

17           are.

18                  NYCPS CHANCELLOR BANKS:  Well, there 

19           was a range of things that you said.  And it 

20           looks -- we're not going to have much time to 

21           respond to them, so I would certainly welcome 

22           an opportunity to follow up with you.  Every 

23           one of those issues that you just raised I 

24           think are critically important and deserve 


                                                                   301

 1           real time.

 2                  ASSEMBLYMAN PIROZZOLO:  Thank you.  

 3           Understood.  

 4                  ASSEMBLYMAN BENEDETTO:  I'd like to -- 

 5           I do have one thing.

 6                  CHAIRWOMAN KRUEGER:  Please.

 7                  ASSEMBLYMAN BENEDETTO:  

 8           Mr. Chancellor, just thank you for all your 

 9           time and so on.

10                  But I just want to ask, because 

11           Assemblyman Al Taylor couldn't make it today 

12           but wanted to know about community schools in 

13           particular throughout the city, community 

14           schools that are attending to needs of the 

15           kids well beyond the academic, but also their 

16           -- the physical and healthwise, foodwise and 

17           so on.  These schools that might be open 

18           after school and open six days a week and 

19           possibly even the weekends, where are we on 

20           that?

21                  NYCPS CHANCELLOR BANKS:  How many 

22           community schools do we have?  Do we have the 

23           number?

24                  NYCPS COO VADEHRA:  Over 400.


                                                                   302

 1                  NYCPS CHANCELLOR BANKS:  Over 400 

 2           community schools that are provided with a 

 3           wide range of additional resources and 

 4           supports.  

 5                  I would love for every school to be a 

 6           community school.  And I think that community 

 7           schools provide an invaluable service to New 

 8           York City -- not just to our New York City 

 9           schools, but to the city, because they 

10           provide services not just for the kids after 

11           school, but the parents and the whole wide 

12           range of things.  And so I couldn't say 

13           anything greater about community schools.

14                  The challenge that we face is, again, 

15           it's just a fiscal one, which is -- which 

16           will threaten, you know, the continued 

17           expansion of the community schools' work.  

18           We'd love to put more community schools 

19           around the city.  But a hundred-plus of them 

20           are really funded by the stimulus funding, 

21           and those are the ones that we've got real 

22           concerns about our ability to continue to 

23           stand those up.  We're going to continue to 

24           fight for it and do everything that we 


                                                                   303

 1           possibly can.  I believe very much in 

 2           community schools.

 3                  ASSEMBLYMAN BENEDETTO:  And very 

 4           lastly, I've heard twice here today about 

 5           somebody being denied taking a specialized 

 6           test for one of the schools.  I've never 

 7           heard that before.  Can people be banned 

 8           because they are over the limit -- do you 

 9           know of this?

10                  NYCPS CHANCELLOR BANKS:  Yeah, no, I 

11           just recently heard about this.  They're not 

12           supposed to be banned.  So I don't know, this 

13           may be a case of somebody behaving badly at a 

14           particular school, trying to deny someone an 

15           opportunity --

16                  ASSEMBLYMAN BENEDETTO:  If you can get 

17           back to us on that, that would be great.

18                  NYCPS CHANCELLOR BANKS:  Yeah, 

19           absolutely.

20                  ASSEMBLYMAN BENEDETTO:  And I want to 

21           thank you very much for the time you have put 

22           in.  It seems to be just shy of three hours.  

23           Is it three hours?  Well done, sir.  I 

24           appreciate it.


                                                                   304

 1                  NYCPS CHANCELLOR BANKS:  Thank you so 

 2           much.

 3                  ASSEMBLYMAN BENEDETTO:  Thank you 

 4           yourselves, and thank you for coming so.  

 5                  CHAIRWOMAN KRUEGER:  Thank you.  

 6                  Only two hours.

 7                  (Off the record.)

 8                  ASSEMBLYMAN BENEDETTO:  As everybody 

 9           is beginning to move out, maybe our next 

10           panel can gradually work their way up.  The 

11           United Federation of Teachers, the New York 

12           State United Teachers, the Council of 

13           School Supervisors and Administrators, and 

14           the School Administrators Association of 

15           New York State.

16                  (Off the record.)

17                  ASSEMBLYMAN BENEDETTO:  Okay, please, 

18           I'll ask people to regroup.  It's like an 

19           unruly class here.  

20                  Panel, good afternoon.  Thank you for 

21           coming here.  We have -- at this point in the 

22           proceedings we will change the format that we 

23           have presently with the panels.  Instead of 

24           10 minutes, you will all have three minutes 


                                                                   305

 1           each.  And folks, we're very strict on this, 

 2           okay?  Now, I'm a good guy, but Ms. Krueger 

 3           over here, she is hard-nosed, okay?  

 4                  So I don't know who is supposed to go 

 5           first, you can decide upon that, but 

 6           you're -- you're a gentleman, Mr. Mulgrew.  

 7                  Ms. Person, go right ahead.

 8                  MS. PERSON:  Well, thank you.  It is 

 9           an honor to address you today regarding the 

10           Executive's budget proposal.  My name is 

11           Melinda Person.  I am the president of the 

12           New York State United Teachers, representing 

13           nearly 700,000 members in education and 

14           healthcare.

15                  Since taking this role last spring, 

16           I've had the opportunity to travel around the 

17           state and visit schools in every corner of 

18           this great state, from Queens to Watertown, 

19           Chenango to Buffalo.  And I am proud to tell 

20           that great things are happening in our public 

21           schools and that this is not the time for us 

22           to take our foot off the accelerator when it 

23           comes to funding our schools.

24                  There are innovative hands-on learning 


                                                                   306

 1           programs throughout the state.  Students are 

 2           building robots, launching podcasts, growing 

 3           and selling their own organic vegetables, 

 4           practicing forensic skills through mock 

 5           investigations -- all within daily curricula.  

 6           CTE courses are equipping students with 

 7           modern-day skills to put them in the advanced 

 8           jobs of today and tomorrow.  I have seen 

 9           incredible community schools that are 

10           supporting students' diverse needs, feeding 

11           kids, providing access to healthcare, dental 

12           care, supporting entire families.

13                  We are moving toward a holistic view 

14           of education, one that nurtures our students' 

15           mental, emotional and physical health because 

16           we know these are critical factors in 

17           academic success.  And last year's victory of 

18           fully funding Foundation Aid for the first 

19           time in history was a clear message across 

20           our state.  In New York we love and support 

21           our public schools.  And I want to thank all 

22           of you for being the champions of 

23           Foundation Aid for the last 30 years, many of 

24           you -- Senator Jackson, I want to acknowledge 


                                                                   307

 1           you, as others have, in that fight.

 2                  We were so excited last year as we 

 3           went around the state acknowledging this true 

 4           accomplishment, this victory for our schools.  

 5           That is why we are deeply concerned about the 

 6           latest proposal that came out of the 

 7           Executive Budget to underfund our schools by 

 8           $419 million.  These are unnecessary cuts, 

 9           and they affect every single school district 

10           in the State of New York.

11                  Now a few hundred million dollars may 

12           not seem like a lot in the grand scheme of 

13           things of a multi-billion-dollar budget, but 

14           they mean the world to these school 

15           districts, especially the small rural school 

16           districts.  Sure, some schools do have some 

17           reserves saved up, which some have 

18           acknowledged, but our reserves are meant for 

19           short-term emergencies, preparing for things 

20           like the fiscal cliff at the federal level, 

21           and we believe Foundation Aid should be fully 

22           funded as promised.  We are not supportive of 

23           this backtracking.

24                  Now, the Foundation formula should be 


                                                                   308

 1           updated, we're 100 percent in agreement with 

 2           that, but we can't only update certain 

 3           elements of the formula to save money in what 

 4           seems to be an arbitrary way, in an arbitrary 

 5           cut.

 6                  ASSEMBLYMAN BENEDETTO:  Thank you, 

 7           Ms. Person.  I'm sorry, but the time is up. 

 8                  Okay, Mr. Mulgrew.

 9                  MR. MULGREW:  I will avoid all the 

10           pleasantries because I have three minutes.  

11           Ready?  Okay.  Thank you all, we appreciate 

12           all the work and collaboration we've done in 

13           the past.  

14                  In terms of the Executive's budget 

15           proposal, you've heard my colleague speak 

16           about the hold harmless.  Anytime you do a 

17           sweeping change you really need to have a 

18           real conversation lest you make mistakes and 

19           people get hurt -- in our case, that's 

20           children.  

21                  In terms of the Foundation formula, we 

22           can do a lot better than the Olympics in 

23           taking the 10, taking the United States judge 

24           and the Russian judge out of the gymnastics.  


                                                                   309

 1           We should have a real conversation about this 

 2           because New York City should not be losing 

 3           $131 million.

 4                  Mayoral control.  Let's stop the bogus 

 5           rhetoric.  You change it -- any change does 

 6           not mean we no longer have mayoral control.  

 7           I will bring up Boston, Cleveland, New Haven.  

 8           In all of those cities they have mayoral 

 9           control.  Mayoral control, everyone who's on 

10           the board, what we would call the PEP, first 

11           has to be nominated by a committee which the 

12           mayor does not have control of and can only 

13           pick those people to be on the board.  And 

14           once they're on the board, they're on fixed 

15           terms so they cannot be dismissed for 

16           disagreeing with the mayor.

17                  That is the type of board we're 

18           looking to, to move towards the future of 

19           New York City.  Would that board have ever 

20           stopped a mayor from putting in universal 

21           pre-K and 3-K?  No.  They would have 

22           supported it.  Would that board have ever 

23           stopped a chancellor and a mayor from putting 

24           in NYC Reads, where we're getting to the 


                                                                   310

 1           science of reading?  No, they would have 

 2           fully supported that.  Would that board have 

 3           said to a mayor you cannot supplant hundreds 

 4           of millions of dollars of state funding, cut 

 5           community learning schools, cut pre-K and 

 6           3-K, and tried to sabotage the law for class 

 7           size?  That board would have stood up and 

 8           said, We're not standing for this.

 9                  That is what we're looking for.  Prove 

10           your case, stop playing politics with our 

11           schools.

12                  In terms of other things here before 

13           us, we are right now in a very good place in 

14           terms of what we have -- what we are doing 

15           with reading, not just now in New York City, 

16           but across the state.  But this is one thing 

17           that frustrates us so much.  I'm going to 

18           talk about Teacher Center.  Why do I talk 

19           about Teacher Center?  Because we know they 

20           have direct results.

21                  My colleague from CSA is going to 

22           speak about how she believes she's going to 

23           have a problem with class size because it's 

24           unfunded.  Why is it unfunded in their eyes?  


                                                                   311

 1           It's true, but not the way you think.  

 2           Because they know the money gets here, but it 

 3           doesn't get to their members.  How does the 

 4           money disappear in City Hall or in the 

 5           Department of Ed is the question.  

 6                  Yesterday there was a PEP meeting.  

 7           What happened during the PEP meeting?  Oh, 

 8           what a shock, more consulting contracts.  We 

 9           have no idea what they do, but they don't 

10           help our members and they don't help my 

11           members.

12                  So when we're talking about teacher 

13           center, we're doing this in New York City and 

14           there's a lesson to be learned here.  We 

15           surveyed every school that's using a 

16           Teacher Center for the science of reading, 

17           and every school that's using an outside 

18           consultant.  It's almost a perfect match.  

19           It's working and moving forward where we are 

20           using Teacher Centers and where we are using 

21           consultants, all the teachers are reporting 

22           to us are the consultants are trying to sell 

23           us more products and not help us with our 

24           program.


                                                                   312

 1                  So overall we have a lot of challenges 

 2           here before us.  Class size is clearly 

 3           something that you all have an interest in, 

 4           and I will be looking forward to answering 

 5           any of your questions.

 6                  Thank you.

 7                  (Time clock chiming; laughter.) 

 8                  ASSEMBLYMAN BENEDETTO:  Ms. Sinclair, 

 9           go ahead.

10                  MS. SINCLAIR:  Good afternoon, 

11           Chairs Krueger, Benedetto, Mayer, Liu and 

12           honorable colleagues.  My name is Rosemarie 

13           Sinclair, and I'm the executive vice 

14           president of the Council of School 

15           Supervisors and Administrators.  

16                  On behalf of CSA President Henry Rubio 

17           and First Vice President Dale Kelly, it is a 

18           pleasure to be with you.  We are grateful for 

19           your ongoing support.

20                  Today I wanted to just speak about the 

21           Foundation Aid, the new class-size law, 

22           professional development, and school safety.

23                  We are thankful for the Foundation Aid 

24           that was approved last year.  While we 


                                                                   313

 1           believe that the formula needs long-overdue 

 2           changes, we strongly oppose the proposed 

 3           adjustments.  We caution the state not to 

 4           eliminate the hold harmless provision.  We 

 5           also believe it is unconscionable to lower 

 6           the inflation rate calculation.  

 7                  Any process to revive the 

 8           Foundation Aid should be transparent, engage 

 9           stakeholders, and allow school leaders enough 

10           time to process how changes will impact their 

11           school budget.  We urge you to fund a study 

12           to reform the outdated formula to ensure the 

13           state resources meet the complex needs of our 

14           students.

15                  Another concern is that proposed 

16           budget does not consider the financial 

17           impacts of the class-size law.  CSA fully 

18           supports smaller class sizes.  However, 

19           without additional funding and space, the 

20           prescribed limits will lead to the 

21           displacement of students and severe program 

22           cuts.  

23                  We have heard directly from hundreds 

24           of principals who either do not have the 


                                                                   314

 1           necessary funds to hire additional teachers 

 2           required by the new law, nor do they have 

 3           enough space to break students up into 

 4           additional classes.

 5                  Reduced class sizes without additional 

 6           funding will force school leaders to cut 

 7           resources from extracurricular activities, 

 8           valuable enrichment and/or intervention 

 9           programs, particularly harming our most 

10           vulnerable students in high-needs 

11           communities.  

12                  Our unit has concerns about a 

13           potentially high turnover in school 

14           leadership in the coming months.  

15                  There is no entity that has done more 

16           to recruit, train and retain school leaders 

17           than CSA's Executive Leadership Institute.  

18           With your support, we can expand ELI's 

19           professional development which support school 

20           leaders with training to help them to provide 

21           mentoring and coaching, and expand the 

22           flagship of principal programs.

23                  Finally, the safety of our students 

24           and staff is definitely an urgent concern for 


                                                                   315

 1           CSA.  We have seen a significant uptick in 

 2           incidents that typically result in 

 3           suspension.  There are a number of weapons 

 4           being confiscated in our school buildings, 

 5           and assaults against students, teachers and 

 6           administrators.  An adequate level of 

 7           administrative staffing in our buildings is 

 8           essential.  So we'd just ask that that will 

 9           be done.

10                  Thank you for your time.

11                  ASSEMBLYMAN BENEDETTO:  Thank you.

12                  Ms. Sinclair.

13                  MS. KELLY:  Good afternoon.

14                  ASSEMBLYMAN BENEDETTO:  Ms. Kelly.

15                  MS. KELLY:  That's okay, we know who 

16           we are.

17                  (Laughter.)

18                  MS. GALLAGHER:  Good afternoon.  I am 

19           Cindy Gallagher, with the School 

20           Administrators Association of New York State.  

21           It's an honor to represent our over 

22           22,000 members.

23                  In the spirit of brevity, our position 

24           on the Governor's budget is SAANYS cannot 


                                                                   316

 1           believe that the first year of the full 

 2           Foundation Aid phase-in was going to be its 

 3           last.  We cannot believe that we're at the 

 4           table again this year talking about the same 

 5           topic.  

 6                  What we do believe in is that last 

 7           year's commitment in the final budget was a 

 8           commitment based on a complete understanding 

 9           by you all of the great needs of our school 

10           districts.  We do believe that last year's 

11           final budget was a commitment to consecutive 

12           years to do a constructive process like we 

13           had determined, and that if something does 

14           need changing in the Foundation Aid, that it 

15           be a comprehensive study that we've all 

16           thought about and examined.  

17                  We do believe and we do hope that the 

18           FY '25 budget that will be final will 

19           continue that commitment that we know that 

20           you were so strong on in last year's final 

21           budget.

22                  Two other areas that are important to 

23           our members.  One, I'd like to talk about the 

24           FAFSA, which I don't believe has been brought 


                                                                   317

 1           up too much today.  That would require school 

 2           districts to provide information to seniors 

 3           and their parents and their guardians four 

 4           times a year on the FAFSA and DREAM Act 

 5           application.  

 6                  We understand the initiative, but that 

 7           will be a considerable amount of work for the 

 8           school districts, as well as it probably is 

 9           not the true root cause of the complexity of 

10           that FAFSA application process.  So we would, 

11           you know, request an examination of that 

12           component of the Executive Budget.

13                  On the Back to Basics Reading 

14           initiative, we completely are full steam 

15           ahead with providing instruction based on the 

16           science of reading.  That kind of shift, 

17           however, is very intensive and takes a good 

18           amount of time to do.  So we do believe -- 

19           and we congratulate our colleagues on the 

20           efforts that they will do in their teacher 

21           resources to accomplish that shift in 

22           instruction.  

23                  But it cannot be done one teacher at a 

24           time or one grade level at a time.  It does 


                                                                   318

 1           take the guidance of a building administrator 

 2           to embed that over time with a 

 3           sustainability.  So we would respectfully 

 4           request that additional resources be provided 

 5           to building administrators for this 

 6           initiative as well as the many others under 

 7           this proposed budget that would be put on the 

 8           roles of our administrators.

 9                  With the remaining time I'd just like 

10           to say that 63 percent of our members in a 

11           survey this fall indicated that they 

12           definitely felt the positive impact of the 

13           final budget last year.  And what they did 

14           was to use that on increased support staff 

15           for students in terms of staffing, as well as 

16           expanded programs.  What they told us in that 

17           survey was their highest needs for students 

18           this year was learning loss, student 

19           absenteeism and of course staffing shortages, 

20           staffing shortages, staffing shortages.

21                  So thank you, and we look forward to 

22           any questions that you may have.

23                  ASSEMBLYMAN BENEDETTO:  Ms. Gallagher, 

24           well done.  And well paced, too, by the way.


                                                                   319

 1                  (Laughter.)

 2                  ASSEMBLYMAN BENEDETTO:  Listen.  Now 

 3           we're going to ask questions, but let me 

 4           stress that all chairs, everyone is limited 

 5           to three minutes here.  Okay?

 6                  Okay, so let me start off.  And you 

 7           started off, Ms. Person, by saying great 

 8           things happening in the schools, and they 

 9           have always done.  Our state, the New York 

10           teaching task group -- or any state in this 

11           country -- they respond to things. 

12                  But let me ask you a couple of 

13           questions.  Mr. Mulgrew, you have talked 

14           about cutbacks that have been going on this 

15           past school year, and I specifically asked 

16           the chancellor about schools being cut back, 

17           and he kind of says, no, that's not 

18           happening.  Tell me, explain the discrepancy.

19                  MR. MULGREW:  Yes, it is happening, 

20           which is why we sued the mayor.  It's 

21           happening -- look, we've had record funding 

22           for the last two years with the 

23           Foundation Aid, and that has been a good 

24           thing.  The mayor announced three rounds of 


                                                                   320

 1           5 percent cuts.  One cut has already gone 

 2           through, so there actually has been cuts.  

 3           Those cuts were hit on community learning 

 4           schools, they're cutting back 3-K seats, 

 5           they've cut back on after-school programs and 

 6           other things.  So those cuts are already 

 7           happening.

 8                  Right now at this moment there is an 

 9           additional $800 million in cuts that are on 

10           the table for April.  Those have not been 

11           rescinded.  He did magically, after we filed 

12           the lawsuit, magically the City of New York 

13           found $7 billion two weeks ago in the middle 

14           of the night.  So they did pull back a lot of 

15           the cuts, but there's still cuts.  

16                  As well as the supplanting, which is 

17           so aggravating.  Because first we get 

18           supplanted, which is they take the education 

19           funding you're doing, you know how this 

20           works, and they take their amount of 

21           commitment out of the budget.  Right?  So 

22           they supplanted the education funding you 

23           sent and then, on top of that, they went and 

24           cut the schools.  This is a really big 


                                                                   321

 1           problem.

 2                  Yes, if you ask me, I say this is part 

 3           of them building a case so that they comply 

 4           with the law of class size so that a year 

 5           from now when they get to put in -- they get 

 6           to do the review process, they're going to 

 7           try to prove they don't have the money.  

 8                  And let's be clear.  Since you passed 

 9           the class-size law, at the time you passed it 

10           there was enough money in the capital and the 

11           facilities fund to pay for all additional 

12           seats and space needed.  Since that time, 

13           over $2.5 billion has been reapproped into a 

14           different part of the city budget.

15                  So I judge people by their actions.  

16           So yes, there's been cuts, but there's even 

17           more of a heinous thing going on here where I 

18           believe they're trying to purposely set up 

19           not to be in compliance with the law by using 

20           the one thing in the law, the review process, 

21           to stop it.  

22                  So there has been a lot of cuts.  We 

23           will continue to push back.  But in terms of 

24           the supplanting, look, that's up to you, 


                                                                   322

 1           you're allowing -- I don't believe -- we 

 2           filed a lawsuit on the maintenance of effort; 

 3           you sent the money.  Maybe you should do 

 4           something about it also, because I don't 

 5           believe you intend for the City of New York 

 6           to cut -- supplant your education funding, 

 7           cut their schools while they have record 

 8           reserves, which they just admitted they will 

 9           have an $8.2 billion reserve, as well as a 

10           multi-billion-dollar operating surplus for 

11           this year.

12                  ASSEMBLYMAN BENEDETTO:  To the Senate.

13                  CHAIRWOMAN KRUEGER:  Thank you very 

14           much.  

15                  We have Senator John Liu.

16                  SENATOR LIU:  Thank you, Madam Chair.

17                  Yes, Michael Mulgrew, we're well aware 

18           of the city taking city funds away, 

19           potentially, and having it replaced with 

20           state funding.  So we want to make sure that 

21           that's not happening.  We're looking for 

22           remedies to that.

23                  MR. MULGREW:  Thank you.

24                  SENATOR LIU:  Ms. Sinclair, thank you 


                                                                   323

 1           very much for being here.  And I always 

 2           appreciate your members.  It's like your 

 3           members are always between a rock and a hard 

 4           place.  And I appreciate your comments, but I 

 5           also want to point out that your comments 

 6           kind of highlight the contradiction if not 

 7           hypocrisy of what the chancellor talked 

 8           about.  Right?

 9                  You're saying that your members, 

10           meaning the people who actually have to run 

11           individual schools, are asked to create more 

12           classes, to reduce class sizes, and not given 

13           any more additional funding.

14                  The chancellor here, on the other 

15           hand, says, Oh, and you're saying that you 

16           have to hire more teachers without the 

17           additional funding.  The chancellor himself 

18           just said before, well, the city's got to 

19           hire 10,000 to 12,000 more teachers.  That's 

20           going to cost a lot more.  And he's saying 

21           that he's going to need the funding to do 

22           that, but he hasn't communicated that to your 

23           members that obviously, in order for all the 

24           schools and your members to comply with the 


                                                                   324

 1           class-size law and the constitutional mandate 

 2           of New York State, that you will have to get 

 3           additional funds.

 4                  MS. SINCLAIR:  Absolutely.

 5                  SENATOR LIU:  So there's a -- you 

 6           know, there's clearly a -- mixed messages or 

 7           at least cross-signals that's going on here.

 8                  I want to show you that it's not our 

 9           intent -- I think I can speak for almost 

10           everybody here -- that it's not -- the intent 

11           here is not to make a difficult situation 

12           even more difficult for principals and 

13           assistant principals, it's to make sure that 

14           our kids are all getting a sound, basic 

15           education.  And to that end, schools that 

16           need more teachers in order to reduce their 

17           class sizes, clearly they have to get more of 

18           a budget to pay for those teachers.

19                  MS. SINCLAIR:  Yes.  They need a 

20           budget.

21                  SENATOR LIU:  There is no disagreement 

22           from us on that point.

23                  So I just want to assure you that, you 

24           know, we're going to certainly work with the 


                                                                   325

 1           members of CSA as well to ensure that there's 

 2           going to be a smooth transition.

 3                  And then the last thing I'll mention 

 4           is that the chancellor -- I didn't have a 

 5           chance to mention this before, but he 

 6           often -- and it's not just the chancellor, 

 7           the City of New York often presents false 

 8           choices.  If you reduce class sizes, you take 

 9           away arts funding -- I mean, arts programs or 

10           science labs.  And that's just a false 

11           choice, because there are certainly other 

12           things they could do.  For example, just 

13           building more space.

14                  MS. SINCLAIR:  And before the time 

15           goes out, I definitely want to say that we 

16           don't just need teachers, right, 10,000 to 

17           12,000 teachers.  Who's going to support and 

18           supervise them?  You're going to need 

19           assistant principals, you need 

20           administration.  Right?  So that's more 

21           money.

22                  SENATOR LIU:  Thank you.

23                  CHAIRWOMAN KRUEGER:  Thank you.

24                  Assembly.


                                                                   326

 1                  ASSEMBLYMAN BENEDETTO:  Our ranker on 

 2           Ways and Means, Mr. Ra.

 3                  ASSEMBLYMAN RA:  Thank you.  Thank you 

 4           all for being here and your patience today.

 5                  I want to ask about this Back to 

 6           Basics Reading proposal.  You know, there was 

 7           a quote from the Governor, something to the 

 8           effect that basically, you know, we just 

 9           throw kids in a room with some books and let 

10           them figure it out -- which I don't believe 

11           is what's going on in our schools in New York 

12           State.

13                  (Laughter.)

14                  MULTIPLE PANELISTS:  No.  No, 

15           absolutely not.

16                  ASSEMBLYMAN RA:  So I'm wondering if 

17           you could comment on this particular proposal 

18           as far as literacy and reading in our 

19           schools.

20                  MR. MULGREW:  Anyone can take it.

21                  MS. PERSON:  I can say a little bit 

22           about this.  Over the last five or so years 

23           there's been an emerging body of research 

24           that points to some different approaches, 


                                                                   327

 1           instructional strategies with regard to 

 2           literacy and teaching children how to read.  

 3           And the science is pointing us in this 

 4           direction that we need to rethink how we 

 5           teach.

 6                  And so the Governor is proposing that 

 7           all school districts in the State of New York 

 8           look to SED for some best practices and then 

 9           review their current curricular decisions and 

10           programs that they're using to make sure that 

11           they're aligned with best practices.  And 

12           there's some additional funding in the budget 

13           that will support professional learning for 

14           educators and administrators.

15                  So we think -- we're supportive of 

16           this approach.  We think it's the best thing 

17           for kids.  And our members want to do 

18           everything they can to see that kids can 

19           succeed.  There's nothing better than 

20           teaching a kid how to read.

21                  MS. GALLAGHER:  And we've had a number 

22           of our districts move in that direction.  And 

23           at our recent conference where some of the 

24           Governor's representatives were there, they 


                                                                   328

 1           did hear that that takes an intense effort.  

 2           That is a strong instructional shift to go 

 3           from one approach to another.  It takes 

 4           years.

 5                  And so it is an approach that is 

 6           seeing great benefit.  You certainly I'm sure 

 7           have all read a number of, as Melinda said, 

 8           of different theories over time on the best 

 9           way to teach reading, and this is a movement 

10           back to a shift of more looking at some basic 

11           reading skills and really using them in a 

12           consistent way.

13                  And as I said before, that really 

14           takes the support of a strong administrator 

15           at the building level.

16                  ASSEMBLYMAN RA:  Thank you.

17                  And just one other piece that -- you 

18           know, we've talked about the Foundation Aid 

19           and the hold harmless and all of that.  One 

20           of the things the commissioner was talking 

21           about was really we need a multiyear effort 

22           to figure out what the formula looks like 

23           going forward.

24                  So if any of you could comment on the 


                                                                   329

 1           types of things that we weren't maybe 

 2           thinking about or doing, you know, 20 years 

 3           ago when this formula was created that have 

 4           to be part of our consideration as we go 

 5           forward.

 6                  MR. MULGREW:  We have much greater 

 7           data now than we had 20 years ago, like 

 8           everybody else.  And there's weights.  

 9           Foundation Aid is there for you to meet the 

10           additional challenges that a child might 

11           have.  So with this data, we should be able 

12           to have a robust conversation about how those 

13           weights should change.  Especially when it 

14           comes to our students with IEPs, students who 

15           are newcomers, students who are homeless -- 

16           there's all sorts of different things that we 

17           now have much greater data, and that's what 

18           we should be using to make these changes.  

19           Not just take an average.

20                  ASSEMBLYMAN RA:  Thank you.

21                  ASSEMBLYMAN BENEDETTO:  To the Senate.

22                  CHAIRWOMAN KRUEGER:  Thank you.

23                  Senator Shelley Mayer.

24                  SENATOR MAYER:  Thank you. 


                                                                   330

 1                  First I just want to say that the 

 2           Senate Majority strongly supported $1 million 

 3           last year, and I'm confident will again this 

 4           year, for a study for Foundation Aid to be 

 5           reviewed.  And we should just move ahead with 

 6           that.

 7                  At the same time, we can't reduce 

 8           Foundation Aid while we're having this 

 9           discussion.  There's no reason the two things 

10           can't happen at the same time and we continue 

11           to pay.

12                  I just want to give credit to all four 

13           of you and your members, because as you know, 

14           along with Senator Liu and many of my 

15           colleagues, including my Republican 

16           colleagues, we've toured schools in the city 

17           and the state to see what schools are doing 

18           to address learning loss and social and 

19           emotional loss as a result of COVID.  And 

20           there are exceptional school leaders, and 

21           they really make the difference -- the 

22           teachers, administrators and principals who 

23           have really made a difference, and we 

24           acknowledge that.


                                                                   331

 1                  So to that end, because we see the 

 2           schools really have to be community schools 

 3           whether they're deemed it or not, they have 

 4           to serve the family now.  It is a different 

 5           school than the 1950s, I hate to tell some of 

 6           my friends.

 7                  But what is your ask on the community 

 8           schools and the risks of the Governor's 

 9           budget to the existing community school model 

10           that both NYSUT and UFT and I think the 

11           administrators and principals support as 

12           well?

13                  MS. PERSON:  So I'll say for us our 

14           ask is a $100 million categorical grant 

15           program to double the number of community 

16           schools in the State of New York.  That is 

17           our proposal.  

18                  We have witnessed community schools in 

19           the city, in rural districts.  We toured 

20           community schools in Ilion, New York.  

21           Community schools look differently in 

22           different areas of the state, but they all do 

23           the same thing, in that they assess what is 

24           missing, what are the obstacles to learning 


                                                                   332

 1           for the students in that school building, and 

 2           the obstacles for families, and then they 

 3           meet those needs.  

 4                  So we believe with this grant money we 

 5           could double the number of schools in every 

 6           corner of the state.

 7                  MR. MULGREW:  And we believe we use 

 8           this money more effectively when it -- things 

 9           are identified.  Mental health right now 

10           clearly is one of the focus areas.  The issue 

11           becomes that you throw money at mental 

12           health, but if you do it to a community 

13           learning school, you know it's going to get 

14           to where it's needed to be.  And it's more 

15           efficient use.  You know, teachers get 

16           aggravated but they understand -- 

17           administrators -- we all get this, it's not 

18           the school where you just do academics.  The 

19           school has basically become the social safety 

20           net for its community.  And they're asking us 

21           to do all of this.  Which we're not saying 

22           no, but it requires a lot more.  And we know 

23           through the community learning school process 

24           we can actually really target that.


                                                                   333

 1                  MS. GALLAGHER:  And we've -- I'm 

 2           sorry, we've suggested over the years, too, 

 3           that the community school set-aside not be a 

 4           way to keep funding the community schools.  

 5           That we do see the value of community schools 

 6           in every one of the districts that you 

 7           visited, as you said.  But to do that as a 

 8           set-aside, to take it away from the 

 9           Foundation Aid, has been a positive thing for 

10           our schools.

11                  PANELISTS:  (Nodding affirmatively.)

12                  MR. MULGREW:  Yup.

13                  MS. SINCLAIR:  I was just going to say 

14           that the community school really is 

15           considered the hub for the community, right?  

16           So -- and it does look --

17                  (Time clock chiming.)

18                  SENATOR MAYER:  I think I knew the end 

19           of that sentence, so thank you very much.  

20           Thank you all.

21                  CHAIRWOMAN KRUEGER:  Thank you.

22                  Assembly.

23                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

24           Pheffer Amato.


                                                                   334

 1                  ASSEMBLYWOMAN PHEFFER AMATO:  Good 

 2           morning.

 3                  MR. MULGREW:  Good morning -- good 

 4           afternoon.

 5                  ASSEMBLYWOMAN PHEFFER AMATO:  Good 

 6           afternoon.  Good evening, tomorrow --

 7                  (Laughter.)

 8                  ASSEMBLYWOMAN PHEFFER AMATO:  So I 

 9           want to touch on the teacher shortage or that 

10           you're going to need to hire teachers.  What 

11           are you -- you know, as the chair of 

12           Governmental Employees, that's what we're 

13           hearing about, that we're short-staffed. 

14                  What do you think it needs, what do we 

15           have to do to attract more teachers into our 

16           state?

17                  MS. PERSON:  One of the things that we 

18           are pushing for is pension reform to fix 

19           Tier 6.  Right now we're having trouble 

20           retaining folks because when they find out 

21           the trajectory of their career and how many 

22           years that they're going to have to stay in 

23           the career, they're looking elsewhere, 

24           because we don't have parity and equity 


                                                                   335

 1           across pension tiers.

 2                  And so we believe 30 years should be a 

 3           career for our public servants.  This is how 

 4           we're going to attract people into the 

 5           profession and get them to stay there.  And 

 6           we're hopeful that we're going to continue to 

 7           move toward parity between Tiers 4, 5 and 6.

 8                  MS. SINCLAIR:  When we think about 

 9           teachers and the need for teachers, the fact 

10           that, as she mentioned, Tier 6 -- and you 

11           look at Tier 4, you know, you could retire at 

12           55 with 30 years.  With Tier 6, 63 years old 

13           and up to 40 years.  And you see there's a 

14           lot taken away.  

15                  They may come in but may not stay.  

16           There may be a problem with retaining these 

17           individuals.  And then there are those that 

18           say I'm not going to come at all.  So, you 

19           know, starting from changing the Tier 6 to 

20           also in higher education just telling them 

21           the goodness and what they could do to help 

22           children and so forth and kind of bring them 

23           in, you know, mentoring and coaching them to 

24           do that work.


                                                                   336

 1                  ASSEMBLYWOMAN PHEFFER AMATO:  So I'm 

 2           going to piggyback off of that.  As a former 

 3           paraprofessional -- which I'd like to give a 

 4           shout out to that -- never wanting a career 

 5           in education, I saw many women and men who 

 6           would consider that, but that pathway has to 

 7           be helped, you know, mentored and cleared 

 8           through to say, well, you could go to school 

 9           while you're here, or how to become -- from a 

10           paraprofessional to the path of being a 

11           teacher.  And I think that's like hiring 

12           within and working on that.

13                  But going back to what you just said 

14           before about schools being a whole place 

15           for -- you know, I think we need more 

16           paraprofessionals.  That's the best support 

17           you can have.  There should be one in every 

18           classroom.

19                  MR. MULGREW:  I completely agree with 

20           you.  And our paraprofessionals, especially 

21           during COVID, were such -- it was 

22           amazing what they -- they went -- so many of 

23           the children that were at first could not be 

24           found or communicated with, in New York City 


                                                                   337

 1           I can say the paraprofessionals, without any 

 2           direction from anyone, went out and found 

 3           their children.  And they hooked them back 

 4           in --

 5                  ASSEMBLYWOMAN PHEFFER AMATO:  Yeah.  

 6           And with respect to the classroom, just for 

 7           the record, I spoke to every child that I 

 8           ever was in charge of.  I started a 

 9           relationship with them, through graduating 

10           high school, and their families.

11                  So thank you for that support.

12                  MR. MULGREW:  Thank you.

13                  CHAIRWOMAN KRUEGER:  Thank you.

14                  Senator Chu.

15                  SENATOR CHU:  Thank you, Chair.

16                  I have two questions.  Hopefully it's 

17           CSA and then UFT can help me answer this.

18                  Chancellor Banks was here and I was 

19           asking about the class size, if there is any 

20           second route other than trade off some 

21           programs from the school and -- because I'm 

22           hearing from like school principals and 

23           parents their concern that some -- art, 

24           science, jazz, those classes are going to be 


                                                                   338

 1           taken out in order to meet the compliance for 

 2           the class size.

 3                  I want to know the public school 

 4           system -- this law passed in 2022.  So ever 

 5           since then what does DOE, the public school 

 6           system, give as guidance -- or suggestion, or 

 7           any plan -- to our school leaders?

 8                  CSA?

 9                  MS. SINCLAIR:  Well, I do know that -- 

10           and our first vice president is on the task 

11           force, committee, the group to talk about 

12           class size and what to do.  So they have been 

13           meeting, they have been discussing various 

14           things.  So that is true, that is going on. 

15                  Our concern is you're not just looking 

16           at -- we talked about funding, but we also 

17           need to look about the space.  We have 

18           schools, and you've heard about -- it's 

19           campuses, right?  You have buildings with 

20           schools within schools.  How are we going to 

21           actually do this within the five-year time 

22           frame?  I don't know how, without us getting 

23           funds, without moving in a certain direction 

24           to really help these schools.


                                                                   339

 1                  We don't want children displaced.  If 

 2           you have a certain amount --

 3                  SENATOR CHU:  Does the chancellor or 

 4           the administration give you any support?

 5                  MS. SINCLAIR:  Well, there have been 

 6           just the talks about, you know, what to do 

 7           and so forth as far as the class size task 

 8           force.  That is definitely --

 9                  MR. MULGREW:  There's been a 

10           reluctance to actually put a real plan in 

11           place going forward the next three years.  A 

12           lot of the work with the committee has been 

13           about what will the cost be, and that has 

14           turned out to be a very hot-button issue 

15           amongst the committee.  They're constantly 

16           talking about how the DOE is trying to 

17           overestimate everything.

18                  But the law is clear.  There's no 

19           reason -- it's first the children with need 

20           and the programs they have, and then you move 

21           forward, and then there is a process for 

22           waivers where it is everybody agrees it 

23           should be there.  So the law is very 

24           prescriptive in terms of being common sense 


                                                                   340

 1           to making it work.  And that's something I'd 

 2           never hear --

 3                  SENATOR CHU:  I actually have another 

 4           question for you.

 5                  MR. MULGREW:  -- from this 

 6           administration.

 7                  SENATOR CHU:  Yes.  The chancellor 

 8           said we need to hire 10,000 to 12,000 more 

 9           teachers.  With the Tier 6 and all the 

10           challenges with that, from the UFT 

11           perspective do you think that it's possible 

12           in 2027 we hire 10,000 more teachers?

13                  MR. MULGREW:  Over the next three 

14           years -- you know, I am optimistic because 

15           we're starting to finally get a couple more 

16           people into the profession, but keeping them 

17           is going to be the problem.  Because the 

18           Tier 6 thing blows up on us every -- when 

19           they're like, 42 years?

20                  (Laughter.)

21                  CHAIRWOMAN KRUEGER:  Thank you, 

22           Michael.  I have to cut you off, sorry.

23                  Assembly.

24                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 


                                                                   341

 1           Simon.

 2                  ASSEMBLYWOMAN SIMON:  Thank you.  

 3                  I want to thank all of you for your 

 4           testimony.  Mr. Mulgrew, I'd love to know 

 5           more about how that breakdown of schools who 

 6           get trained by Teacher Centers and others --

 7                  MR. MULGREW:  I'll send you our 

 8           survey.

 9                  ASSEMBLYWOMAN SIMON:  I'd love to have 

10           that information.  

11                  Let me just give a thumbs-up to paras.  

12           I'm still in touch with my para from the 

13           '70s.  So great work, great teamwork a really 

14           important part of that.

15                  You know, when it comes to this issue 

16           of science of reading and this approach, it's 

17           the kind of thing that we need to do together 

18           and we need to keep moving forward.  One of 

19           the concerns -- and this is something I've 

20           raised with the School Boards Association, is 

21           the fact that once you buy books, many 

22           millions of dollars, the schools keep wanting 

23           to use them.  

24                  And it's somewhat like mayoral control 


                                                                   342

 1           where we put this in, and I need my four 

 2           years, or I need my eight years.  And if it's 

 3           not working, it's not working.  If there are 

 4           problems with it, we need to address those 

 5           problems.  Either we -- I don't want to keep 

 6           doing the same thing just because we have the 

 7           books or just because we have that law.  

 8                  So, you know, what are school 

 9           administrators doing to advance that 

10           conversation?

11                  MS. GALLAGHER:  One of the things of 

12           course is supporting your teachers.  And I 

13           think one of the ways -- and we have had many 

14           discussions with State Ed on this.  What you 

15           need to do is build a new skill level where 

16           in fact you are able to really analyze and 

17           take apart those kind of textbooks and 

18           curriculums that you want to start shifting 

19           to, and then comes the actual instruction.

20                  But that is a whole different field of 

21           thought.  I mean, as one -- it was either 

22           Melinda or Michael who -- you know, what 

23           we're seeing are vendors coming on board, but 

24           that is not the whole story.  You have to 


                                                                   343

 1           know how to use them, when to use them, and 

 2           what kind of things need supplement.

 3                  MS. PERSON:  So I would just add that 

 4           teachers teach students how to read, not 

 5           curricula, not books, not stuff that you buy.  

 6           Right?  And so we have a whole lot of 

 7           folks -- and I think the commissioner said 

 8           this earlier, there is no science of reading 

 9           curriculum.  Right?  It's about giving our 

10           members, the educators that are working 

11           directly with students, the tools that they 

12           need to do their job -- so that they can 

13           differentiate instruction, so that they can 

14           take on the really complex task that is 

15           teaching a child to read.

16                  PANELISTS:  (General agreement.)

17                  MR. MULGREW:  You know, the whole -- 

18           look, education is a massive industry outside 

19           of the schools, as far as we're concerned, 

20           and everybody's always trying to sell us an 

21           idea.  And we saw over and over again was 

22           certain people's ideas got spread around, and 

23           it just -- giving a child and teaching them 

24           the joy of reading meant that they had to 


                                                                   344

 1           have the basics in place.  And that became 

 2           prevalent across most of the country.

 3                  And we're seeing -- we're not seeing 

 4           the results that should be there.  And we 

 5           know it has to be the science of reading.  

 6           But it's a -- it is an extremely difficult 

 7           instructional change for a teacher who's been 

 8           teaching one way, and this is something we're 

 9           hoping higher ed also starts to help us with.  

10           We're seeing some higher ed that is now 

11           starting to directly go towards this 

12           instruction.

13                  CHAIRWOMAN KRUEGER:  Thank you.

14                  Senator Murray.

15                  SENATOR MURRAY:  Thank you, 

16           Madam Chair.

17                  Three minutes is fast.  I'll start 

18           with a quick statement.

19                  Ms. Person, you brought up earlier CTE 

20           programs.  These cuts, what they could do -- 

21           or these reductions in funding -- I would 

22           invite the Governor and anyone who questions 

23           the success of CTE and how beneficial it is 

24           for the students to come to William Floyd 


                                                                   345

 1           School District, in my Senate district, where 

 2           it is a high-needs district with just an 

 3           amazing CTE program.  It's fantastic.  And 

 4           we're seeing the results.  Graduation rates 

 5           are high.  Kids are getting out with jobs.  

 6           They have career ambitions here.  It's 

 7           working fantastic.

 8                  These cuts could ruin that and set us 

 9           back.

10                  But we're talking about hiring more 

11           teachers to meet the classroom-size needs and 

12           things like this, but I fear if these cuts 

13           don't change, then it's the exact opposite 

14           direction:  We could lose teachers.

15                  Is there an estimate?  Could we be 

16           losing teachers if these numbers stay the way 

17           they're being proposed?

18                  MS. PERSON:  We definitely could see 

19           the loss of staff in our schools, programs.  

20           The cuts to elementary STEM programs, 

21           after-school programs, those are the types of 

22           things that we're hearing from our members 

23           and from superintendents and school boards.

24                  I want to say a little bit more about 


                                                                   346

 1           CTE, though, because I think it is so 

 2           critically important.  There is a waiting 

 3           list for CTE programs across the state right 

 4           now.  I was speaking to a BOCES in 

 5           Monroe-Orleans County, and they have 

 6           200 students on a waitlist to get into the 

 7           CTE program for a health careers program.  

 8           Right?  We have a healthcare worker shortage, 

 9           we have students that are demanding these 

10           programs.  And because of the archaic way 

11           that we fund CTE in this state, we are not 

12           funding enough spots for these kids to get 

13           the education that they need.

14                  So we need to reform the BOCES aid and 

15           the Special Services Aid formulas so that we 

16           can finally get those resources out and serve 

17           these students.

18                  SENATOR MURRAY:  Amen to that.

19                  MR. MULGREW:  She's right.

20                  (Laughter.)

21                  SENATOR MURRAY:  I agree on 

22           everything.

23                  MR. MULGREW:  New York City, our 

24           programs?  We're a 91 percent graduation rate 


                                                                   347

 1           for CTE students.  That's 10 points higher 

 2           than the academics.

 3                  MS. SINCLAIR:  Yeah, they're doing 

 4           very well.

 5                  MR. MULGREW:  Yeah.  They are -- this 

 6           is the future.

 7                  SENATOR MURRAY:  Amen.  I agree with 

 8           that completely.

 9                  And with the short time I have left, 

10           Mr. Mulgrew, recently the UFT filed a lawsuit 

11           regarding congestion pricing.  Is that still 

12           ongoing?  And if so, may I say thank you?

13                  (Laughter.)

14                  MR. MULGREW:  Yeah, when -- we waited 

15           to read the documents and it was clear that 

16           the MTA filed documents that said negative 

17           impact on pollution, congestion and quality 

18           of life for four and a half boroughs of 

19           New York City.  So I'm not going to stand by, 

20           and my members and everyone we're joined 

21           with -- it was a -- there's a 

22           collaboration -- we're not going to stand by 

23           and say a half a borough gets a benefit while 

24           four and a half get a negative impact.


                                                                   348

 1                  SENATOR MURRAY:  Thank you.

 2                  CHAIRWOMAN KRUEGER:  Thank you.

 3                  Assembly.

 4                  ASSEMBLYMAN BENEDETTO:  Ranker Smith.

 5                  ASSEMBLYMAN SMITH:  Thank you, 

 6           Mr. Chairman.

 7                  Thank you all for joining us.  You 

 8           know, I'm happy to hear your testimony.  I 

 9           stepped out for a few minutes, but I was 

10           listening as I was out in the Concourse.  And 

11           I'm happy that you're able to give a voice to 

12           so many educators and principals across the 

13           state, because what you kind of hit the nail 

14           on we've been now hearing now for several 

15           weeks of just the peril and the concern about 

16           the potential for cuts and reductions in 

17           service.

18                  What I wanted to talk about at the 

19           beginning of the year, knowing that we do 

20           this every year, was community schools.  And 

21           I'd like to take a moment to talk about that, 

22           because those are needed improvements that 

23           I'd like to see across Long Island, across 

24           the State of New York.  And unfortunately I'm 


                                                                   349

 1           hoping we can, you know, buy back, I guess 

 2           buy back the school aid through the Governor.

 3                  But I was hoping that instead of 

 4           talking today about, you know, the perilous 

 5           reductions in service that we could talk 

 6           about building on the successes.  Last year I 

 7           viewed as a success, the last several years.

 8                  Can you talk about what we could do if 

 9           we can get past this?

10                  MR. MULGREW:  Well, thank you for 

11           asking us the question, because you -- he 

12           limited us to three minutes.  We had it in 

13           that testimony.  

14                  (Laughter.)

15                  MS. PERSON:  I was going to talk about 

16           it.

17                  (Laughter.)

18                  MS. PERSON:  So I had said earlier 

19           that we're asking for $100 million for 

20           categorical funding for community schools.  

21           This can fund the position of a community 

22           school director in the schools that this 

23           investment, for each dollar that we invest, 

24           it leverages over $6 of returned services 


                                                                   350

 1           into our school buildings.  They bring in 

 2           folk from the community, community-based 

 3           agencies, they do all kinds of things that 

 4           wrap services right around children and their 

 5           families so we can remove all obstacles to 

 6           learning.

 7                  And I -- the most recent community 

 8           school that I visited, they had a hub of 

 9           activity where they were providing kids food, 

10           hygiene products, they had laundry facilities 

11           for families to access.  Right?  These are 

12           the types of things that are barriers to kids 

13           actually showing up in school. 

14                  And so we talk about addressing 

15           chronic absenteeism?  Community schools are 

16           the answer.

17                  MR. MULGREW:  We go out of our -- go 

18           ahead.

19                  MS. GALLAGHER:  Actually, if you think 

20           about the traditional model where it's mostly 

21           outside -- inside-outside kind of services, 

22           this is just the opposite, where you're 

23           bringing the outside inside.  And that 

24           enhances communication just a hundredfold.  


                                                                   351

 1                  And so what we've seen in so many of 

 2           our districts where this is going so well -- 

 3           right in the Capital District we've got three 

 4           or four models that are just superb -- you 

 5           see those services all being communicated and 

 6           based on the students.  So, you know --

 7                  MR. MULGREW:  And for you all, for the 

 8           community schools -- because the union runs 

 9           community schools in every borough in 

10           New York City.  We partner with all these 

11           different people.  And everything said about 

12           return for the dollar, all of that is there.

13                  During the pandemic the community 

14           schools of New York that we run had the 

15           highest academic performances, because there 

16           was a complete connection in place.

17                  And just think about a health clinic.  

18           Forty years ago you put a health clinic in a 

19           school, it was a great thing, you'd have a 

20           ribbon-cutting.  What was the utilization?  

21           You didn't even check.  There might have been 

22           8 percent of the school population.  You make 

23           it a community school with a director, 

24           they'll have 90 percent of the children 


                                                                   352

 1           signed up to go to that center.

 2                  ASSEMBLYMAN SMITH:  Thank you.

 3                  I think it's worth every penny.  It's 

 4           an old idea, but it's time to implement it.

 5                  Thank you.

 6                  ASSEMBLYMAN BENEDETTO:  Senate time.

 7                  CHAIRWOMAN KRUEGER:  Thank you.

 8                  Robert Jackson.

 9                  SENATOR JACKSON:  First let me thank 

10           you all for coming in.  And it's imperative 

11           that you be here to communicate to us what 

12           the impact of her proposed budget will be.  

13                  And so I asked that question, but I 

14           don't want you to answer because I know what 

15           it means.  You know, people are already now 

16           starting to look at other options so that 

17           they can maintain their livelihood, you know?

18                  But I want to say to you that if this 

19           was your membership up here, and there were 

20           500 people in this room, I ask you who is 

21           your State Senator, who is your State 

22           Assemblymember, you need to reach out to each 

23           and every one of them, including the Governor 

24           and everyone else.  And when you see them 


                                                                   353

 1           walking in the street or in the store, 

 2           buttonhole them about how important it is 

 3           that this does not happen.

 4                  And in fact in my opinion the 

 5           Republicans and Democrats are working 

 6           together (raising voice) because the impact 

 7           is going to be devastating.  And I say it 

 8           loud like that because it is going to be 

 9           devastating.  But it's not going to happen, 

10           because we're going to stand united and fight 

11           this.

12                  Now, the Governor can come on board or 

13           she can just fight with everyone in the State 

14           of New York.  I know if I was the Governor, I 

15           would open the door and say, Come in, don't 

16           worry about it, we're going to be all right.

17                  We have to be.  But we have to be 

18           active in making sure that things happen.  

19                  And I totally agree with you as far as 

20           Tier 6 is a major issue.  How do I know that?  

21           Because I chair the Civil Service and 

22           Pensions Committee.  And I've said loud and 

23           clear when we first opened it up, that Tier 6 

24           sucks.  And everyone says it.  You know?  


                                                                   354

 1                  So we have to change things for the 

 2           better.  And we have to be willing to fight 

 3           for it.  And I'm ready to fight with you.

 4                  PANELISTS:  Thank you.

 5                  SENATOR JACKSON:  Thank you.

 6                  CHAIRWOMAN KRUEGER:  Who dares want to 

 7           go after RJ?

 8                  (Laughter.)

 9                  ASSEMBLYMAN BENEDETTO:  But 

10           Ms. Hyndman, you're going to have to.

11                  ASSEMBLYWOMAN HYNDMAN:  (Inaudible.)

12                  (Laughter; inaudible exchange.)

13                  ASSEMBLYWOMAN HYNDMAN:  You can pass 

14           the baton to me, Senator Jackson.

15                  Thank you all for testifying today.  I 

16           was a former substitute teacher, a former CEC 

17           president, and I'm still a parent of a 

18           middle-schooler, which is why I testified at 

19           the Queens public hearing regarding mayoral 

20           control.  Because I feel, as an elected 

21           official and a parent, the system must 

22           continue to evolve and change.  The community 

23           needs something better.  

24                  I do believe, however, that it must 


                                                                   355

 1           wait until after the budget to have this 

 2           discussion and have the Assembly work on what 

 3           mayoral control should look like.

 4                  I feel reform is critical, and 

 5           modifications are necessary.  But were we to 

 6           leave it in the Governor's hands to say 

 7           mayoral control should be around for four 

 8           more years, we're leaving our parents and 

 9           children to the peril of not having any 

10           reviews for four years.

11                  I also feel that we ask our teachers 

12           to be reviewed every year, and they do it -- 

13           willingly or unwillingly, but the teachers 

14           are still reviewed.  So I feel that as a 

15           Legislature we have the ability to review 

16           mayoral control.  How many years, how that 

17           looks, that's up for us to decide as parents, 

18           as legislators who are elected by our 

19           community to make those decisions.

20                  So for a blanket approach of four 

21           years, I feel it's a disservice to the 

22           parents and students in New York City.

23                  So to President Mulgrew, I've known 

24           you for a lot of years now, but what steps do 


                                                                   356

 1           you think we should be taking to supplement, 

 2           not supplant, the deficits that are going to 

 3           exist in our public schools?

 4                  MR. MULGREW:  It really comes -- look, 

 5           we have a lawsuit filed but why do we have to 

 6           wait for the -- that to play out, where you 

 7           can just do additional strengthening of laws 

 8           and regulations here to say you cannot do 

 9           this?  You cannot literally take hundreds of 

10           millions of dollars, billions of dollars from 

11           education and stick them into reserves for 

12           the city.  

13                  Because that was never your intent, 

14           and that would be the approach I would take.

15                  And I agree with you on mayoral 

16           control, it should be done after the budget 

17           and you should -- I know we're all waiting 

18           for the SED's report which you commissioned 

19           and which we're looking forward to reading.

20                  ASSEMBLYWOMAN HYNDMAN:  Exactly.  

21           Exactly.  I know our Speaker agrees, we'd 

22           like to take as much policy out of the budget 

23           as possible, particularly this one.

24                  But thank you.


                                                                   357

 1                  MR. MULGREW:  Thank you.

 2                  CHAIRWOMAN KRUEGER:  Thank you.

 3                  Senator Cordell Cleare.

 4                  SENATOR CLEARE:  The $100 million 

 5           grant to double community schools in 

 6           New York -- I think is what you said -- where 

 7           would that be?  We have 400.  I just want to 

 8           get an idea of where would we get more 

 9           community schools.  That would be 800.

10                  MS. PERSON:  So there would be a grant 

11           program that districts that were interested 

12           in converting to a community school model, 

13           they would apply to the State Education 

14           Department and receive grant monies to get 

15           started.

16                  What most districts have found is 

17           after that initial investment, they're able 

18           to sustain the costs of a community school on 

19           an ongoing basis.  So they really just need 

20           the initial startup cost to get off the 

21           ground.

22                  SENATOR CLEARE:  Oh, great.

23                  Social workers in schools.  Where are 

24           we with that?  Do we have social workers in 


                                                                   358

 1           most of our schools, some of our schools?  I 

 2           believe every school should have a social 

 3           worker.

 4                  MS. GALLAGHER:  I would say increasing 

 5           numbers, but that was largely dependent, for 

 6           this beginning school year, based on the FY 

 7           '24 final budget.  In fact, as I had 

 8           mentioned in the survey that we had done at 

 9           the beginning of the year, that our -- 

10           63 percent of our respondents indicated that 

11           they had had increased levels of staffing, 

12           and that had been for our members in terms of 

13           school counselors, social workers, and 

14           mental health clinicians.

15                  MR. MULGREW:  And for us the issue has 

16           been if we can find them -- we're hiring them 

17           right now.  But, I mean, the community 

18           learning schools that the union works on, 

19           every one of them we have -- we find outside 

20           funding to make sure each one of them has a 

21           social worker.  We found a tremendous need, 

22           and it's actually really paid off quite well.

23                  But there has to -- again, saying -- 

24           the reason why we're asking for it 


                                                                   359

 1           specifically as this one thing going directly 

 2           only for this is because historically it's 

 3           gone to school districts and it goes into the 

 4           general budget.

 5                  SENATOR CLEARE:  Yeah.

 6                  MR. MULGREW:  And then -- boom.  It 

 7           doesn't fulfill the need or the spirit of 

 8           what you think you're getting by doing this.

 9                  MS. GALLAGHER:  And it's designated as 

10           a set-aside, which means that the school 

11           districts are required to use it --

12                  SENATOR CLEARE:  I get it.  I want to 

13           ask another question.

14                  What is your -- thank you -- your 

15           position on the fact that New York City is 

16           the only district in the state that has to 

17           pay charter rent, and the only district in 

18           the state that doesn't receive charter 

19           transition aid?  That, according to the 

20           Education Law Center, cost us an estimated 

21           $258 million in school year '23 and deprived 

22           the DOE of 2.6 billion since 2011.

23                  Do you support New York City getting 

24           transitional aid?


                                                                   360

 1                  MR. MULGREW:  I support a lot more 

 2           than that.  I support that we shouldn't be 

 3           the only school district supplying rent.

 4                  I mean -- and you didn't even bring up 

 5           the fact that in their per-pupil allotment 

 6           for the charter schools they already have a 

 7           facilities allotment, and then they're 

 8           getting free rental space.  I mean, don't get 

 9           me started.

10                  (Laughter.)

11                  MR. MULGREW:  This is ridiculous.  

12                  And then New York City actually 

13           reimburses the charter schools at a much 

14           higher rate for special education services 

15           than the state says they have to do.

16                  SENATOR CLEARE:  Thank you.

17                  CHAIRWOMAN KRUEGER:  Thank you.

18                  ASSEMBLYMAN BENEDETTO:  Assemblymember 

19           Pirozzolo (inaudible).

20                  ASSEMBLYMAN PIROZZOLO:  Thank you, 

21           Mr. Chair.

22                  Thank you, everyone, for being here 

23           today.

24                  MR. MULGREW:  Thank you.


                                                                   361

 1                  ASSEMBLYMAN PIROZZOLO:  Mr. Mulgrew, 

 2           I'm really going to talk to you, because I'm 

 3           from the city, you're from the city -- not 

 4           that you're not from the city -- but you 

 5           heard me speak to the chancellor about parent 

 6           involvement, right?

 7                  MR. MULGREW:  Mm-hmm.

 8                  ASSEMBLYMAN PIROZZOLO:  And my concern 

 9           about mayoral control -- and I had my rep 

10           speak at a meeting the other night on 

11           Staten Island -- is that as bad a filter that 

12           I believe the Department of Education had 

13           been, or at least the mayor and the 

14           chancellor have been as far as advocating on 

15           behalf of students, at least they are a 

16           filter.  And since you are the only other 

17           game in town educationally, as the UFT, I 

18           kind of referenced that too, is that, you 

19           know, having the influence of the UFT if 

20           there was no mayoral control.

21                  But the real question is parental 

22           influence.  We don't seem to have any 

23           meaningful parental influence.  And that's 

24           where I'm really going with this, because I 


                                                                   362

 1           know that your people do a very good job and 

 2           it's got to be a very stressful job to do 

 3           this day after day and see how children 

 4           progress or don't progress.

 5                  So I asked the mayor this -- the 

 6           chancellor, I'm sorry.  Do you think there 

 7           should be a New York City parents' union as 

 8           an equal parent -- as an equal partner in 

 9           education decisions and influence, not under 

10           your influence, as far as when it comes to 

11           negotiating things?  Because you've even said 

12           today -- you've used the word your members, 

13           her members.  You didn't mention students 

14           once.  But quite honestly -- it's for your 

15           members, right -- there's nobody who 

16           represents students.

17                  MR. MULGREW:  I'm going to disagree 

18           with your statement.  Because first of all, 

19           we wouldn't have class size if it weren't for 

20           the parents of New York City.  The parents of 

21           New York -- it was not -- the United 

22           Federation of Teachers was part of it, but it 

23           was the parents of New York City who did 

24           this.


                                                                   363

 1                  So in terms of mayoral control itself, 

 2           there should be some sort or form -- because 

 3           we support that parents actually should have 

 4           a real authority and voice inside of the CECs 

 5           and whatever we do with that final panel, if 

 6           people want to keep that.

 7                  So for us, everything that we've ever 

 8           done, we can never be successful without 

 9           parents.  And that has always been our thing.  

10           That's why, you know, every two and a half 

11           months I meet with the CEC presidents.  I do 

12           all of these things, and they tell us what to 

13           do.

14                  ASSEMBLYMAN PIROZZOLO:  When you're 

15           talking about parents, you're talking about 

16           groups that are within the DOE, not 

17           independent parents.

18                  In addition to that, I just want to --

19                  MR. MULGREW:  Actually they're all 

20           independently elected people from their 

21           communities.

22                  ASSEMBLYMAN PIROZZOLO:  Well, that can 

23           be argued.

24                  But what you do when there are 


                                                                   364

 1           incidences in schools like we've had with the 

 2           changing -- the elimination of Israel on a 

 3           map or the wheels on the bus go 'round and 

 4           'round?  What do you do disciplinary-wise to 

 5           work with your members to prevent that from 

 6           happening?

 7                  MR. MULGREW:  We could have a whole 

 8           hearing on discipline right now in our public 

 9           schools, especially in New York City.

10                  There was a push under a previous 

11           administration that we were -- that 

12           principals' hands were being tied to do any 

13           sort of actual real discipline when it was 

14           needed to happen, and suspensions.  And for 

15           us, it's all about every child comes to the 

16           school, we have to make it safe.  

17                  More importantly, when it comes to the 

18           future, it is our job as educators, working 

19           with parents, to make sure that we're making 

20           each generation better than the next.

21                  ASSEMBLYMAN BENEDETTO:  Okay.  

22           Mr. Mulgrew, thank you.

23                  ASSEMBLYMAN PIROZZOLO:  (Inaudible.)

24                  ASSEMBLYMAN BENEDETTO:  To the Senate 


                                                                   365

 1           side.

 2                  CHAIRWOMAN KRUEGER:  Thank you.

 3                  Senator Tom O'Mara.

 4                  SENATOR O'MARA:  Thank you.

 5                  Good afternoon.  Thank you for being 

 6           here.  Thank you for representing your 

 7           memberships, and thank all of your members 

 8           for the great work they do throughout the 

 9           state in our education system.  I truly do 

10           appreciate that.

11                  I am encouraged by a few of the issues 

12           that have been talked about a little bit with 

13           CTE, Teacher Centers, and a rational and 

14           reasoned approach to reevaluating the 

15           Foundation Aid formula.  We need input from 

16           all sides on that.  And we'll hopefully come 

17           up with a formula that when you make a change 

18           to a certain input, you get the results you 

19           would expect.  Because the way I've seen it 

20           over the years, you make one change, thinking 

21           you're going to have a result, and it doesn't 

22           come out that way.  

23                  And I want to join in with 

24           Senator Jackson on our bipartisan approach 


                                                                   366

 1           and, frankly, outrage to this education 

 2           proposal.  And if this truly is -- and I want 

 3           to get your opinions on this, briefly.  Do 

 4           you believe this is set up to be a buyback 

 5           for the Legislature?  Because I've never seen 

 6           anything like it in my years here.  And no -- 

 7           no -- I mean there's always some buybacks 

 8           that are in there, legislative adds that go 

 9           out and come back in.  I've never seen 

10           anything like this to this magnitude by far.

11                  What's your impression of that?  Are 

12           you hearing anything from the executive on 

13           it?  Is that what they're expecting here?

14                  MS. PERSON:  From what I can tell, the 

15           Executive and the Division of Budget is 

16           trying to start a conversation.  And I think 

17           what I said in a recent interview was we're 

18           starting something --

19                  (Laughter.)

20                  MS. PERSON:  -- because we're 

21           concerned about all of the panic that this is 

22           creating out in the field.  They -- the local 

23           parents are being alerted we're going to 

24           be -- we might be closing your elementary 


                                                                   367

 1           school.  Parents that are being alerted, your 

 2           kid may lose intramurals and the STEM -- 

 3           elementary STEM program.  There will no 

 4           longer be Spanish for fifth-graders.  Right?

 5                  These alerts are going out to our 

 6           communities.  And it's really unnecessary.  I 

 7           know there's a budget dance that has to 

 8           happen.  But this is creating too much 

 9           upheaval in our communities, and I think it's 

10           great that there's a bipartisan rally from 

11           both houses that are demanding that this 

12           money is going to be restored.  We're very 

13           grateful for that.

14                  MS. GALLAGHER:  This is not the 

15           conversation, if it was designed to be that, 

16           that we were hoping to have for this year.  

17           We were set on a far different path last year 

18           that we were hoping to continue and build 

19           upon, so.  

20                  SENATOR O'MARA:  Thank you.  Well --

21                  MR. MULGREW:  One hell of a buyback.

22                  SENATOR O'MARA:  Yeah.  Unlike any 

23           I've ever seen.  But, you know, if this is a 

24           budget dance, it's more like a mosh pit.


                                                                   368

 1                  (Laughter.)

 2                  SENATOR O'MARA:  So carry on.

 3                  ASSEMBLYMAN BENEDETTO:  Yes, my bad.  

 4           There was another person, and I neglected to 

 5           say that Assemblywoman Levenberg would like 

 6           to say a few things.

 7                  ASSEMBLYWOMAN LEVENBERG:  Thank you.

 8                  And it's hard to go after that mosh 

 9           pit comment without a lot of laughing.

10                  I just wanted to thank you again for 

11           all of the hard work that you do on behalf of 

12           our schools and our students.  And of course 

13           representing our teachers you're also 

14           representing an awful lot of parents, because 

15           there's a lot of parents that are teachers.  

16           Just saying.

17                  Anyway, I know that -- you know, I 

18           heard you talk about APPR a little bit.  I 

19           know that that's an issue that you're 

20           concerned with a little bit about.  I know 

21           about pension reform, and I'm completely on 

22           the same page with you.  Community schools -- 

23           again, I represent communities like Ossining 

24           and Peekskill that may not have exactly 


                                                                   369

 1           community schools but they have models that 

 2           are very similar and they do those wraparound 

 3           services, and that's wonderful.

 4                  I'm not sure you talked at all about 

 5           the UPK funding.  I'm curious if you have any 

 6           opinion about that.  

 7                  And finally, this is kind of a little 

 8           bit off the topic that you might think, but I 

 9           think it's very relevant, which is as you're 

10           thinking about congestion pricing and things 

11           of that nature, how have you heard from your 

12           members at all about how housing prices have 

13           impacted their ability to perform their jobs 

14           effectively?

15                  And I don't know if you'd like to 

16           comment on that but, you know, obviously 

17           housing has been a big topic of discussion 

18           for the Legislature, for the Executive, 

19           and -- something that I'm very focused on -- 

20           for keeping everybody able to afford where 

21           they live and work.

22                  MR. MULGREW:  Okay, I'll do housing 

23           fast.  It is now -- we've just finished a 

24           survey of our membership; it is the 


                                                                   370

 1           number-one economic concern of every one of 

 2           the members in New York City.  A large 

 3           portion live not just in the city but around 

 4           the city.  We have a housing crisis.  We have 

 5           a workforce housing crisis.  We have always 

 6           supported work on more low-income housing, 

 7           but the housing that we need does not fall 

 8           into that.  We have to do something.  It's 

 9           been over 50 years since there's been a 

10           workforce middle class housing program in and 

11           around the City of New York, and it has to 

12           happen.  We're going to lose everyone.

13                  ASSEMBLYWOMAN LEVENBERG:  I'm just 

14           hoping you can share that report with us, if 

15           that's possible.

16                  MR. MULGREW:  Sure.  It's 

17           overwhelming.  This is it.  This is now 

18           taking up their monthly -- their weekly 

19           budgets.

20                  ASSEMBLYWOMAN LEVENBERG:  And if you 

21           have any information about maybe average 

22           commute times for members, both, you know, 

23           NYSUT and UFT, I think that would be really 

24           helpful for all of us.


                                                                   371

 1                  MR. MULGREW:  I'll see what -- I'm 

 2           sure we have something.  We know they don't 

 3           like congestion pricing.

 4                  MS. GALLAGHER:  Do you want a response 

 5           on universal pre-K very quickly?

 6                  ASSEMBLYWOMAN LEVENBERG:  Sure.

 7                  MS. GALLAGHER:  Of course we, you 

 8           know, appreciate all the additional funding.  

 9           But it is time for that to really be kind of 

10           folded in in a manner that is transitional 

11           into the state aid kind of funding streams, 

12           as opposed to keeping it as a grant for our 

13           school districts.

14                  So we know it is successful, we know 

15           that early childhood works.  It is just 

16           exactly where we have to head.

17                  ASSEMBLYWOMAN LEVENBERG:  Right.  And 

18           then if you have any opinions about the 

19           Foundation Aid proposal, there are a few -- 

20           in terms of doing a study to reinvent 

21           Foundation Aid, there are a few bills out 

22           there.  And if you have any opinions about 

23           which ones you like the best, good to know.

24                  UNIDENTIFIED FEMALE PANELIST:  Sure.


                                                                   372

 1                  ASSEMBLYMAN BENEDETTO:  Senate side.

 2                  CHAIRWOMAN KRUEGER:  Thank you.  I 

 3           think I'm just closing.  Thank you all for 

 4           your work.

 5                  So my great knowledge of education:  

 6           schools with great principals end up being 

 7           great schools.  Great teachers want to work 

 8           for great principals.  Great teachers can 

 9           become great principals.  

10                  We have Teacher Centers; we used to 

11           have training centers for principals.  Do we 

12           have any anymore?

13                  MS. SINCLAIR:  Yup, we do.  Well, 

14           that's why I was talking about ELI.  Because 

15           we have our Executive Leadership Institute 

16           that actually trains our leaders and helps 

17           them in various aspects of their careers.

18                  And we were looking forward to having 

19           an increase because I don't see anywhere else 

20           that's actually training and helping 

21           administrators, school leaders and other 

22           leaders in offices.

23                  MS. GALLAGHER:  And we receive the 

24           same from it, yes, into our Magellan Fund, 


                                                                   373

 1           and that was supported by the Legislature 

 2           last year.

 3                  CHAIRWOMAN KRUEGER:  Okay.

 4                  Then there was lots of discussion 

 5           about the changes in protocol for reading and 

 6           what's expected of teachers.  So when I do 

 7           the Governor's math, what she's giving us to 

 8           help ensure that we train the teachers 

 9           throughout the state in the new protocols for 

10           teaching reading, it works out to be $500 per 

11           teacher.  Can you do it on $500?

12                  MS. PERSON:  Yes, we can.

13                  (Laughter.)

14                  CHAIRWOMAN KRUEGER:  Oh, excellent.

15                  MS. PERSON:  Well, for the first 

16           20,000 teachers.  That is the plan.

17                  CHAIRWOMAN KRUEGER:  And you all think 

18           that this can be done?

19                  MS. PERSON:  We do, yes.

20                  MR. MULGREW:  Yes.  We've already 

21           worked on the -- since we started a year 

22           before New York City, and we're all sharing 

23           those resources, sharing all those resources.  

24                  And just last year alone, over a 


                                                                   374

 1           thousand teachers came in voluntarily.  We 

 2           had to add classes; we didn't think it would 

 3           be that popular.  They just spent their two 

 4           weeks in the summer being trained on the new 

 5           reading approaches, and then we used a lot of 

 6           those folks -- we trained leaders, we had 

 7           principals who came in -- and we just started 

 8           moving it.

 9                  When it's educators working with 

10           educators, it tends to be much easier.

11                  (Laughter.)

12                  CHAIRWOMAN KRUEGER:  Good lesson.

13                  MS. GALLAGHER:  But we would also 

14           really request that some of the additional 

15           funding be added to our building 

16           administrators.  For their support throughout 

17           this whole initiative.

18                  MS. SINCLAIR:  Absolutely.

19                  CHAIRWOMAN KRUEGER:  I have many more 

20           questions, but I don't have enough time, so I 

21           also, just on behalf of the Senate Democrats, 

22           want to thank all four of you and your 

23           members for the work you do.  Because, you 

24           know, we've got to get the education right.  


                                                                   375

 1           Right?  We've got to get it done.

 2                  So thank you.

 3                  Assemblymember?

 4                  ASSEMBLYMAN BENEDETTO:  Panel, thank 

 5           you very much.  We really appreciate your 

 6           testimony.  Thank you.

 7                  And as they leave, let us ask the next 

 8           panel to come on up, which is the Conference 

 9           of Big 5 School Districts, Albany City School 

10           District, Rochester, Syracuse, Yonkers and 

11           Buffalo Public Schools.

12                  (Off the record.)

13                  CHAIRWOMAN KRUEGER:  And as you all 

14           see the clock getting later, and we're going 

15           to have a new panel.  But also, if you're 

16           watching and tracking, if you're going to be 

17           on the next panel -- so this is Panel B.  If 

18           you're on Panel C, if you wouldn't mind start 

19           heading down to the front so that when we get 

20           to you, it can move faster.  And then the 

21           same pattern.  It actually really moves us 

22           along.  Thank you.

23                  ASSEMBLYMAN BENEDETTO:  Panel No. 4, 

24           we welcome you.  We thank you for coming here 


                                                                   376

 1           today.  We thank you for your patience 

 2           waiting to testify.  

 3                  So I will leave up to you who will be 

 4           the first to go.  Will it be as we have it 

 5           listed here, Ms. Pine?  Please.  Ms. Pyle, my 

 6           apologies.  Okay, go right ahead.

 7                  MS. PYLE:  (Mic off.)

 8                  CHAIRWOMAN KRUEGER:  (Inaudible.)

 9                  MS. PYLE:  There we go.  Sorry about 

10           that.  

11                  My name's Jennifer Pyle.  Most of you 

12           know me.  I serve as executive director of 

13           the Conference of Big 5 School Districts, and 

14           we represent Buffalo, New York City, 

15           Rochester, Syracuse, Yonkers, Albany, 

16           Mount Vernon, and Utica public schools.  

17                  Thank you for providing us with the 

18           opportunity to testify today, and for your 

19           unwavering commitment to the needs of urban 

20           education in New York State.

21                  We're pleased that the Executive 

22           Budget proposal maintains full funding for 

23           expense-based aids.  However, the Governor's 

24           adjustments to the Foundation Aid formula, 


                                                                   377

 1           including the elimination of save-harmless 

 2           provisions and reduction of the inflation 

 3           factor, would be devastating to school 

 4           districts already struggling to meet the 

 5           needs of some of the state's most vulnerable 

 6           children.  This retreat from full funding, 

 7           coupled with the impending exhaustion of 

 8           federal grant funds, would have dire 

 9           consequences.  

10                  While we recognize that a complete 

11           overhaul of the formula will require  

12           significant time and resources, it's our 

13           desire to see the state begin making small 

14           adjustments in the '24-'25 State Budget that 

15           would move us closer to a more equitable and 

16           adequate funding model.  

17                  It's imperative that the state commit 

18           to full funding and a revised Foundation Aid 

19           formula that's transparent, predictable, and 

20           distributes funding in an equitable manner 

21           reflective of unique student needs.  We urge 

22           you to eliminate the Foundation Aid 

23           set-asides and afford school districts the 

24           ability to target funding where it's most 


                                                                   378

 1           needed.  

 2                  While we support school choice and 

 3           affording parents the option to send their 

 4           children to charter schools, we have serious 

 5           concerns with regard to the current charter 

 6           school funding system.  Charter school 

 7           expansion in saturated school districts must 

 8           be limited and the New York State Board of 

 9           Regents designated as the sole authorizing 

10           authority.  

11                  Our school districts currently operate 

12           some of the most innovative and successful 

13           CTE programs in the state.  We urge you to 

14           increase the Special Services Aid per-pupil 

15           funding and to align this funding with our 

16           Career and Technical Education programs by 

17           expanding it to students beginning in 

18           Grade 9.  In addition, more resources should 

19           be provided to enable Mount Vernon and Utica 

20           to expand already successful in-district CTE 

21           programs.  

22                  Our school districts have some of the 

23           state's longest running and most successful 

24           prekindergarten programs.  However, funding 


                                                                   379

 1           levels have not been adjusted to reflect the 

 2           actual costs of these vital programs.  The 

 3           state must commit to fully funding 

 4           prekindergarten programs in high-need urban 

 5           school districts.  

 6                  We applaud the Governor's focus on 

 7           mental health needs in our schools.  

 8           Unfortunately, funding for health services 

 9           has been frozen for many years, and Buffalo 

10           and Rochester will actually experience a 

11           reduction under the Governor's plan.  We urge 

12           you to again restore this cut and to provide 

13           additional targeted health and mental health 

14           funding for all member districts to assist 

15           them with increased demands for health 

16           services.

17                  (Time clock chiming.)

18                  MS. PYLE:  Am I up?  That was three?  

19                  Thank you.  In closing, I just want to 

20           say we appreciate the focus on literacy, and 

21           we look forward to working with you on that.  

22           And thank you for the time today.

23                  ALBANY SUPERINTENDENT HOCHREITER:  

24           Good afternoon.  Thank you for the 


                                                                   380

 1           opportunity to share the funding priorities 

 2           of the City School District of Albany for the 

 3           '24-'25 school year and beyond.

 4                  With the promise to fully fund 

 5           Foundation Aid for all New York school 

 6           districts fulfilled for the current school 

 7           year, our state has entered a new era in 

 8           school funding.  In Albany we're thankful to 

 9           be starting from this newly leveled playing 

10           field, and we arrived at this place just in 

11           time, as the last of our federal COVID-19 

12           relief funding is set to expire in September.  

13                  Your support this year steered us away 

14           from what would have been a very dangerous 

15           fiscal cliff, and we applaud you for your 

16           vision.  Now, we ask that you maintain your 

17           focus on funding equity.  We urge you to 

18           consider the unique needs of individual 

19           school districts and communities in making 

20           the difficult decisions that are always a 

21           part of the budget-development process.  We 

22           know your decisions are not easy, yet we also 

23           know how critical your support is for our 

24           students, our families, and our community.  


                                                                   381

 1                  With these needs in mind, we in Albany 

 2           have identified the following priorities:  

 3                  Foundation Aid funding and Albany's 

 4           unique needs.  As you consider the school 

 5           funding formula, a commitment to the unique 

 6           challenges of individual school districts and 

 7           communities is critical.  This is especially 

 8           true as we address the significant 

 9           long-standing disparities in student outcomes 

10           that the pandemic has exacerbated.

11                  Some unique fiscal challenges in 

12           Albany include the fact that 63 percent of 

13           the property in New York's capital city is 

14           tax-exempt.  

15                  The oversaturation of charter schools 

16           in Albany is among the highest in our state 

17           and nation.  While we value parental choice, 

18           oversaturation can destabilize a child's 

19           education, and it also burdens taxpayers with 

20           redundant operational expenses that drive up 

21           the cost of publicly funded education in our 

22           city.  

23                  Albany is also one of 34 federally 

24           designated resettlement cities nationwide, a 


                                                                   382

 1           fact that our city and our school district 

 2           take great pride in.  Our enrollment of 

 3           English language learners is up more than 

 4           40 percent this school year, and is up more 

 5           than 150 percent since the 2020 school year.  

 6                  We continue to advocate for funding 

 7           equity in prekindergarten.  This is 

 8           especially important for high-needs districts 

 9           like ours, which were early implementers of 

10           full-day pre-K but remain hampered by an 

11           outdated funding formula.  

12                  The statistics for the future of the 

13           teaching profession are stark, and you know 

14           them well.  We applaud the meaningful steps 

15           the state has taken to address these looming 

16           challenges.  We urge you to continue to 

17           expand these measures and develop new 

18           pathways.  

19                  And finally, support for 

20           social-emotional and mental health.  We ask 

21           for your continued commitment to the 

22           social-emotional and mental health supports 

23           that our students and families require.  This 

24           is critical now more than ever, following the 


                                                                   383

 1           loss and uncertainty of the pandemic.

 2                  Thank you.

 3                  ROCHESTER SUPERINTENDENT PELUSO:  Good 

 4           afternoon.  I'm Dr. Carmine Peluso, 

 5           superintendent of the Rochester City School 

 6           District.  

 7                  I want to extend a special thank you 

 8           to the chairs of these committees, the 

 9           Rochester delegation, and the entire 

10           Legislature.  I'm grateful for your 

11           unwavering commitment to meeting the unique 

12           needs of our district.

13                  I would like to share that the 

14           district has launched Invest in Tomorrow, a 

15           comprehensive school plan that streamlines 

16           our grade configuration and includes school 

17           closures that will help maximize resources 

18           and lead to better learning experiences and 

19           outcomes for our students and families.

20                  The following are several key 

21           priorities the Board of Education and I have 

22           outlined for this year.  

23                  It is unfortunate that the 

24           Executive Budget alters the commitment to 


                                                                   384

 1           Foundation Aid.  We strongly urge that the 

 2           state enhance the formula's transparency, 

 3           predictability, and inclusivity.  The formula 

 4           must be adjusted to effectively address the 

 5           unique needs of students, particularly those 

 6           with special programming.

 7                  We implore you to place a moratorium 

 8           on the addition of charter schools and the 

 9           expansion of current schools.  Currently, 

10           28 percent of public school students in the 

11           City of Rochester attend charter schools.  

12           This year we will pay out more than 

13           135 million in charter school tuition costs.  

14                  Furthermore, the disproportionate 

15           number of special-needs and ELL students our 

16           district serves contributes to higher costs 

17           associated with their education.  It is 

18           important to highlight that this is a 

19           situation creating an uneven playing field.  

20           This inequity requires immediate attention to 

21           ensure a fair and sustainable education 

22           system for all students.

23                  With the expiration of federal 

24           stimulus funds in September, school districts 


                                                                   385

 1           must scale back on staffing and services used 

 2           to support students and learning coming out 

 3           of COVID.  One of our areas of critical need 

 4           is the mental health and emotional state of 

 5           our students and staff.  Our district 

 6           provides valuable health services to our 

 7           school community.  We urge you to reinstate 

 8           the $1.2 million Rochester School Health 

 9           Services Grant funds removed from the 

10           Governor's budget.

11                  In the coming year we face the need to 

12           enhance and expand our technological 

13           resources and formally request another round 

14           of funding through the Smart Schools Bond 

15           Act.  This includes updating and increasing 

16           the funding which has remained stagnant since 

17           2007 at $24.20 per pupil for hardware and 

18           $14.98 per pupil for software.  It is also 

19           important that the Smart Bond be expanded to 

20           include essential software, subscriptions, 

21           and services necessary for cybersecurity and 

22           the ever-evolving threat against our student 

23           and staff data.

24                  With the recent influx of immigrant 


                                                                   386

 1           students and families who were relocated to 

 2           Rochester from New York City, adequate 

 3           funding is crucial to address their needs and 

 4           provide necessary support.  Notably, 

 5           Rochester is the sole Big 5 district to 

 6           receive immigrant families outside New York 

 7           City.  Funding is essential for additional 

 8           bilingual teachers, translators, and support 

 9           services.

10                  We also request the expansion of 

11           Special Services Aid for Career and Technical 

12           Education.  The funding cap of $3,900 per 

13           students requires an increase, and we must 

14           include ninth-grade students in the 

15           allocation.

16                  Thank you again for supporting the 

17           Rochester City School District and 

18           prioritizing our student needs.

19                  SYRACUSE SUPERINTENDENT DAVIS:  Good 

20           afternoon.  My name is Anthony Davis, and I 

21           have the privilege of serving the students, 

22           families and staff of the Syracuse City 

23           School District as superintendent.

24                  Thank you for allowing me the 


                                                                   387

 1           opportunity to be here today to discuss the 

 2           Executive Budget and the potential impact it 

 3           may have on students across the state and, 

 4           more specifically, our students in Syracuse.

 5                  Due to the expiration of federal 

 6           stimulus funding through sources like ARPA 

 7           and CRRSAA, we will need continued state aid 

 8           increases and funding support to adequately 

 9           address academic, social-emotional and 

10           technological needs of our district.

11                  As stated by many other 

12           representatives today, the Executive Budget 

13           proposal to use the multiyear average of 

14           inflation formula for all school districts 

15           does not benefit the Syracuse City School 

16           District.  This decision will reduce funding 

17           for our students by approximately $6 million.

18                  As you may know, Syracuse continues to 

19           be one of the poorest communities in the 

20           state.  In fact, based on recent census data, 

21           the City of Syracuse has struggled for years 

22           with some of the worst child poverty rates in 

23           the entire nation, most recently receiving 

24           the dubious distinction of being ranked 


                                                                   388

 1           second.

 2                  As you investigate how to revise the 

 3           Foundation Aid formula, we strongly encourage 

 4           the state to utilize updated census and 

 5           poverty data and increased weightings for 

 6           special education, which represents about 

 7           21 percent of our students, and English 

 8           language learners, which represent 

 9           approximately 22 percent of all students, for 

10           equitable funding.  

11                  With the federal funding coming to an 

12           end, it is an urgent matter to update the 

13           formula to ensure that state funds will be 

14           allocated to students who need it most.  This 

15           is a change that will not only ensure equity 

16           next year, but for years to come, and is long 

17           overdue.

18                  We currently have 225 full-time 

19           equivalent positions that are currently 

20           funded with federal stimulus funding, 

21           equaling approximately $22 million.  These 

22           positions are critical in supporting the 

23           increase in post-COVID mental health needs of 

24           our students, along with reading and math 


                                                                   389

 1           interventions that address their learning 

 2           loss.  

 3                  We're asking for additional aid to 

 4           increase our instructional materials.  These 

 5           funds provide access to educational 

 6           materials, and the rates have not increased 

 7           since the '90s.

 8                  As our district embarks on the first 

 9           regional STEAM high school in the state with 

10           a cohort of 9th-grade students, through a 

11           phase-in model, in September of 2025, we're 

12           looking to increase Special Services Aid to 

13           include 9th grade.  By fall of 2028, the 

14           regional STEAM school will house 1,000 

15           Career and Technical Education students.  

16                  And in addition, Syracuse currently 

17           has 25 Career and Technical Education 

18           programs where all programs start with a 

19           9th-grade cohort.  Therefore, a Special 

20           Services Aid increase will ensure greater 

21           quality programs and opportunities for our 

22           students.

23                  Finally, I would like to touch on our 

24           reading intervention initiatives.  As the 


                                                                   390

 1           Governor has budgeted funds for literacy, it 

 2           is important that we continue to support our 

 3           students with reading interventions.  We need 

 4           to ensure our students have the necessary 

 5           skills to succeed in today's world.

 6                  Thank you.

 7                  YONKERS SUPERINTENDENT RODRÍGUEZ:  

 8           Good afternoon, legislators.  I am Dr. Luís 

 9           Rodríguez, interim superintendent of Yonkers 

10           Public Schools.  

11                  You should have received a copy of my 

12           detailed testimony already, but I'll 

13           highlight some of the challenges that make 

14           Yonkers' situation so unique.  

15                  In contrast to the statewide trend of 

16           declining enrollment, since 2022 Yonkers has 

17           seen a 14 percent increase in students 

18           requiring special education services.  The 

19           district has closed 17 sections of 

20           less-intensive support and opened 45 sections 

21           of more-intensive support classes over the 

22           past three years to address student needs.

23                  A key service demand area involves 

24           children with autism spectrum disorders, 


                                                                   391

 1           estimated growth 21 percent and 19 percent 

 2           respectively over the past two academic 

 3           years.  As Table 6 in my remarks 

 4           demonstrates, demand for OT and PT services 

 5           has seen a 40 percent increase in group 

 6           sessions and a 21 percent increase in 

 7           individual therapy sessions since 2019.  

 8           Costs have risen from $4 million to 

 9           $5.3 million.

10                  Yonkers is also facing a 283 percent 

11           increase in hiring one-to-one aides since 

12           school year 2022.  One-to-one positions have 

13           increased from 81 FTE to 310 FTE by 

14           school year 2024.  Specialized transportation 

15           and out-of-district programming have also 

16           dramatically increased.

17                  In school year 2021, the district 

18           served 397 students in our extended school 

19           year program, for an estimated cost of 

20           $3.9 million.  Last year we served 715 such 

21           students at a cost of $8.3 million.  

22                  The key to success includes the 

23           assignment of full-time mental health 

24           professionals to every one of our schools.  


                                                                   392

 1           This can't be sustained with Yonkers ranking 

 2           a staggering 282nd in New York State 

 3           per-student aidable funding.  It's simple.  

 4           Yonkers needs equitable and sustainable 

 5           funding for our comprehensive programs for 

 6           all our students.

 7                  Facing an overall estimated budget 

 8           deficit of $87 million, we look towards 

 9           New York State for recurring revenue to 

10           maintain essential services.  Our students' 

11           continued success and our effectiveness in 

12           safeguarding our democracy is ultimately 

13           what's at stake.

14                  Thank you very much for your 

15           attention.

16                  BUFFALO PUBLIC SCHOOLS CFO BARNES:  

17           Thank you for having me today.  My name is 

18           Jim Barnes.  I'm the CFO for the Buffalo 

19           School District.  

20                  Superintendent Tonja Williams extends 

21           her apologies.  She's been ill the last few 

22           days, so she asked me to pinch-hit for her.

23                  I have much the same concerns, 

24           structural and with the end of ARP ESSER, 


                                                                   393

 1           that have been expressed by the table, so 

 2           maybe I'll just give you a perspective from 

 3           Buffalo.  

 4                  Buffalo has 30,000 pre-K through 12 

 5           children.  That number is down about 3,400 

 6           over the last four years, so our enrollments, 

 7           gen ed, are declining.  However, what 

 8           comprises that 30,000 current count are 

 9           6,700 SPED-classified children with IEPs, 

10           5,300 multi-language learners, and 

11           1500 McKinney-Vento, or homeless, children.  

12           So we are a large, very poor and high-needs 

13           district.

14                  Our fiscal challenges that we're 

15           looking out toward in '24-'25, as everyone 

16           else has stated, is the end of ARP ESSER 

17           funding for Buffalo.  That's $90 million.  

18           And that includes 314 FTEs, largely in the 

19           areas of social and emotional wellness, 

20           security guards, and other areas to address 

21           the learning loss.  

22                  We've taken steps in preparation for 

23           this financial cliff.  We've identified about 

24           30 million in one-time expenditures out of 


                                                                   394

 1           that ARP ESSER final year budget that we can 

 2           cut.  We're rightsizing during our 

 3           school-based budget process, where classrooms 

 4           that might have had 10 or 12 kids in them are 

 5           now going to have to teach up to 20.  

 6                  So we're doing all within our power to 

 7           prepare for this financial cliff, but we will 

 8           have at least a $50 million hole left to 

 9           fill.  And again, that will largely be 

10           comprised of those 314 FTEs, which total 

11           $30 million with benefits.  And again, those 

12           314 employees, they provide learning loss, 

13           social and emotional wellness, which are all 

14           very big factors that the district still 

15           faces.

16                  Regarding the Governor's budget, I 

17           won't elaborate on the CPI factor anymore.  

18           It doesn't make any sense why you would 

19           change to a 10-year average without notifying 

20           anyone.  That has about a $10 million impact 

21           on Buffalo.

22                  Health Services Grant.  Our nursing 

23           costs have just skyrocketed, and we extended 

24           the services -- oh, that's me.  I'm sorry.


                                                                   395

 1                  ASSEMBLYMAN BENEDETTO:  Thank you very 

 2           much.  Thank you for all your testimony.

 3                  Ranker on the Libraries Committee, 

 4           Mr. Santabarbara.  Oh, sorry, Chair.

 5                  ASSEMBLYMAN SANTABARBARA:  I don't 

 6           know if I have a ranker.

 7                  Anyway, I guess I just want to thank 

 8           you all for being here.  I know it's been a 

 9           long day, and it's going to be longer.  But I 

10           want to thank you for talking about the 

11           topics you talked about.  

12                  I want to touch on community schools.  

13           I have a number of projects in my school 

14           district in Schenectady that we're working on 

15           for community schools.  But I did have the 

16           opportunity to visit the Sheridan Prep 

17           Academy in the Albany City School District -- 

18           it was a few years ago, but I -- there is 

19           additional funding and allocation in the 

20           budget set aside for community schools.  So I 

21           think from what I saw, from what we're 

22           working on in Schenectady, I think they're 

23           great, they're a great addition to the school 

24           system.  I've got a lot of positive feedback 


                                                                   396

 1           from our community.

 2                  I just wanted to hear particularly how 

 3           the Albany City School District is doing with 

 4           community schools.  And if anyone else has 

 5           some comments on them, I'd love to hear that 

 6           feedback as well.

 7                  ALBANY SUPERINTENDENT HOCHREITER:  

 8           Sure.  I can tell you in Albany we have eight 

 9           elementary schools that are community 

10           schools, and four elementary schools that are 

11           considered magnet schools.  And we have 

12           enjoyed a long history of community schools, 

13           so much so that we're actually trying to 

14           figure out if we could use that budget to 

15           hire a direct -- basically a director to 

16           coordinate all of those activities.  

17                  So there's a little bit of equity 

18           among those eight schools, but certainly 

19           there is a 30,000-foot level of consistent 

20           programming among all 12 of those schools.

21                  I know that we continue to advocate 

22           for additional funding in terms of community 

23           schools.  That was one of our legislative 

24           priorities last year.  And that the 


                                                                   397

 1           families I know I have met with, although in 

 2           my brief eight-month career -- but certainly 

 3           the principal that you had mentioned and met 

 4           with has been there over 10 years.

 5                  These schools provide wraparound 

 6           services that are critical, absolutely 

 7           critical to school communities.  Within that 

 8           vein, we're working with our elected members 

 9           of the Assembly and Senate around child 

10           safety zones and the opportunity that 

11           community schools have to provide additional 

12           support in neighborhoods that have high 

13           crime, that are considered unsafe by what 

14           that data would indicate, is really 

15           important.  We communicate and collaborate 

16           with the mayor, Kathy Sheehan, and our chief 

17           of police around having additional services 

18           to support -- to make sure that schools are 

19           safe, that communities feel safe, and that 

20           staff feels safe attending.

21                  But we have experienced great success 

22           with our community schools.  We have a 

23           marketing campaign -- as parents are choosing 

24           right now, presently, to determine if they 


                                                                   398

 1           want to attend any of our magnet schools -- 

 2           to let them know what the benefit of the 

 3           community schools are and what services are 

 4           available to them within our own district, as 

 5           opposed to other districts in the 

 6           Capital Region.

 7                  ASSEMBLYMAN SANTABARBARA:  Great, 

 8           thank you for that.

 9                  We're just about out of time; I did 

10           want to ask about food pantries, but maybe 

11           I'll get another opportunity after we're 

12           done.

13                  CHAIRWOMAN KRUEGER:  Thank you.

14                  Senator Shelley Mayer.

15                  SENATOR MAYER:  First of all, thank 

16           you all.  A special shout out to my own 

17           superintendent.  Thank you, Dr. Rodríguez, 

18           for being here and thank you for your work in 

19           a difficult time. 

20                  You know, one thing that sort of 

21           strikes me, we collectively killed ourselves 

22           to get full funding of Foundation Aid.  And, 

23           you know, we know it has real benefits for 

24           your students.  You represent, collectively, 


                                                                   399

 1           50 percent of the state's students -- some of 

 2           the poorest students, urban students, ELL, as 

 3           you've mentioned, special-needs students -- 

 4           all these challenges.

 5                  I think it's very important that we 

 6           understand what are the real impacts that 

 7           will occur if Foundation Aid is not funded at 

 8           the level you anticipated, where you're all 

 9           going to lose what you thought you were going 

10           to get, if this budget goes through.  And I 

11           know Mount Vernon isn't here, but I just feel 

12           an obligation to mention that an almost 

13           $3 million loss, in a district with an 

14           increased enrollment -- not a declining 

15           enrollment -- under financial distress.  

16                  What are the consequences if these 

17           cuts were to go through as anticipated?  

18           That's question one.

19                  Question two is on saturation of 

20           charter schools, particularly in Albany, 

21           Buffalo, where you have -- and I don't know 

22           Rochester, is it as significant.  What are 

23           the implications of this saturation in this 

24           time?


                                                                   400

 1                  And thirdly, all of you have stepped 

 2           up because of COVID and taken on more 

 3           responsibility than the old school model.  

 4           Can you just speak, if you have a chance -- I 

 5           know you don't have much time to respond -- 

 6           to this issue of what you have -- you're all 

 7           doing way more, and I think it's very 

 8           important that you communicate that to the 

 9           audience that hears this, so they understand 

10           the urgency for the parents in your district 

11           and the kids.  They need to hear how dire 

12           this could be.

13                  BUFFALO PUBLIC SCHOOLS CFO BARNES:  

14           Thank you for that question.  My colleagues 

15           allowed me to answer the part on charter 

16           schools.

17                  SENATOR MAYER:  Yes.

18                  BUFFALO PUBLIC SCHOOLS CFO BARNES: 

19           Charter schools in Buffalo are on track to 

20           represent, next year, $178 million in 

21           expenditures out of our Foundation Aid.  We 

22           are saturated, and we've been saturated for 

23           years.  They opened another new school last 

24           year, and seven other schools expanded.


                                                                   401

 1                  Charter enrollments now make up 

 2           34 percent of the total Buffalo school-age 

 3           children, and they -- I want to stress again 

 4           $178 million.  Eleven million of that will be 

 5           due to the change in SPED tuition rates that 

 6           is going through the Board of Regents right 

 7           now.  It's in a comment period.  But it's to 

 8           be voted on in March.  That's $11 million 

 9           more out of our budget.

10                  SENATOR MAYER:  Honestly, don't use up 

11           all my time on one question.

12                  BUFFALO PUBLIC SCHOOLS CFO BARNES:  

13           Sorry.

14                  ROCHESTER SUPERINTENDENT PELUSO:  And 

15           I do want to build on charter schools.  

16           Just -- we're at 28 percent in the district, 

17           but it also is -- we have a 20 percent, 

18           21 percent special ed rate in the district, 

19           16 percent ELL rate in the district.  Our 

20           charter schools have an 8 percent special ed 

21           rate and a 4 percent ELL.  So we are 

22           educating more expensive children.

23                  MS. PYLE:  Mount Vernon (inaudible.)

24                  SENATOR MAYER:  Okay, thank you.


                                                                   402

 1                  CHAIRWOMAN KRUEGER:  Assembly.

 2                  ASSEMBLYMAN BENEDETTO:  Assembly, 

 3           Ranker Smith.

 4                  ASSEMBLYMAN SMITH:  Thank you so much.  

 5           And actually, that's a perfect segue from the 

 6           last question.

 7                  Could you finish answering the 

 8           Senator's question regarding charter schools?

 9                  ROCHESTER SUPERINTENDENT PELUSO:  I 

10           was just -- so we are 28 percent, right, 

11           135 million this year in costs for charter 

12           school aid.  It is a -- but what my concern 

13           is the uneven playing field of our students 

14           with disabilities and our ELL students that 

15           are in-district and we're servicing them 

16           in-district, and an equal percentage is not 

17           in charter schools.  Which, you know, creates 

18           an uneven playing field.

19                  ASSEMBLYMAN SMITH:  Yeah, that's 

20           something that I know has been brought up 

21           over the years of picking and choosing 

22           students, not accepting every student, having 

23           a different bar.  And I know there's some 

24           proposals about accountability and 


                                                                   403

 1           transparency.

 2                  I'm curious, with respect to your 

 3           school districts, regarding the zero-emission 

 4           school buses.  Do you each have school bus 

 5           fleets, or do you contract out for those 

 6           services?  Could you speak about that a 

 7           little bit?  Because I think a lot of us 

 8           would like to push -- at least push the 

 9           mandate back from 2027.  It's -- yeah, if you 

10           could speak on that.

11                  SYRACUSE SUPERINTENDENT DAVIS:  So for 

12           Syracuse, it's a small -- we have a very 

13           small fleet.  We contract out to an outside 

14           agency.

15                  However, we have a major problem with 

16           the bus driver shortage, where it's -- no 

17           matter who we're trying to contract with, 

18           they're pulling from the same pool of 

19           drivers.  Which has been our major problem.  

20                  But right now we do not have the 

21           capacity to extend to actually building our 

22           own fleet.

23                  YONKERS SUPERINTENDENT RODRÍGUEZ:  

24           Yonkers is in pretty much the same situation.  


                                                                   404

 1           We use approximately four vendors to provide 

 2           a fleet of somewhere in the neighborhood of 

 3           600 buses.  And we're pretty much under the 

 4           same kinds of constraints with respect to the 

 5           conversion to electric vehicles.

 6                  BUFFALO PUBLIC SCHOOLS CFO BARNES:  A 

 7           hundred percent contracted.

 8                  ROCHESTER SUPERINTENDENT PELUSO:  

 9           Rochester is contract as well.

10                  ASSEMBLYMAN SMITH:  I imagine -- oh, 

11           and the City of Albany, sorry.

12                  ALBANY SUPERINTENDENT HOCHREITER:  

13           Yeah, we contract as well.  And a significant 

14           portion of our students -- a very high 

15           proportion of our students, actually -- ride 

16           city buses.

17                  ASSEMBLYMAN SMITH:  Okay.  So actually 

18           what you're reflecting is -- I'm out on 

19           suburban Long Island, and we represent a lot 

20           of large school districts -- not as big as 

21           yours, but most of them do contract out.  But 

22           there's still a considerable cost to that as 

23           well, because now the vendors you're working 

24           with -- are you having any idea of estimates?  


                                                                   405

 1           Because obviously what smaller districts 

 2           would have to do to convert their own fleet, 

 3           your vendors are now going to have to do 

 4           that.  Costs could go up significantly.  Are 

 5           you hearing those --

 6                  SYRACUSE SUPERINTENDENT DAVIS:  That 

 7           is absolutely the conversation, that the 

 8           costs are going to go way up because not only 

 9           do they have to buy the buses, they're going 

10           to have to build facilities to take care of 

11           them.

12                  ALBANY SUPERINTENDENT HOCHREITER:  And 

13           alone from any of our vendors moving to meet 

14           the state requirement, we're looking at a 

15           30 percent increase next year for just our 

16           contracted bus service as is.

17                  ASSEMBLYMAN SMITH:  Okay, thank you.

18                  CHAIRWOMAN KRUEGER:  Thank you.

19                  Senator John Liu.

20                  SENATOR LIU:  Thank you, Madam Chair.

21                  I want to thank our superintendents 

22           for joining us.  And I think it's safe to say 

23           that we share your -- we feel your pain, we 

24           share your pain, because it will affect our 


                                                                   406

 1           constituents also.  

 2                  And this redefinition of inflation to 

 3           be a 10-year average is really just an 

 4           arbitrary way to cut the budget.  And it's a 

 5           significant cut.  So I think we're going to 

 6           be fighting that very forcefully.

 7                  So that's all I have to say.  I would 

 8           just have one quick comment for Dr. Peluso, 

 9           which is that, you know, there are no 

10           migrants coming from New York City.  There 

11           are asylum seekers, most of whom are passing 

12           through New York City.  But they are in 

13           search of the American dream.  

14                  We're a great state, and we try to do 

15           our best to help all of them.  

16                  Thank you.

17                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

18           Walsh.

19                  ASSEMBLYWOMAN WALSH:  Hello.  Good 

20           afternoon.  So my question has to do with the 

21           closure of Saint Rose, and I'm specifically 

22           addressing our Albany superintendent.  You 

23           know, as a pipeline for future teachers, 

24           Saint Rose was really very important.  


                                                                   407

 1                  And my question is, how does the 

 2           closure of Saint Rose further strain the 

 3           teacher pipeline, from your point of view?

 4                  ALBANY SUPERINTENDENT HOCHREITER:  

 5           It's very significant.  In the Capital 

 6           Region, after Saint Rose, there is 

 7           Russell Sage College and University of 

 8           Albany, the major player, which has very few 

 9           educational programs.  

10                  Now, I do understand that Russell Sage 

11           is expanding and so is University of Albany.  

12           But in terms of a recruitment tool and being 

13           able to recruit teachers here -- and we have 

14           outstanding benefits in all of our employment 

15           agreements for reoccurring tuition 

16           reimbursement, opportunities for 

17           advancement -- there's nowhere for them to 

18           go.  And so what's happening is school 

19           districts -- the gentleman at the table here 

20           and those that couldn't make it, and I'm sure 

21           every other school district in the state, are 

22           working really, really hard and begging for 

23           money to build our own, grow our own programs 

24           with nowhere -- or, in this case in the 


                                                                   408

 1           Capital Region, nowhere for those students to 

 2           go.  We have nowhere for a teaching assistant 

 3           to go in their own backyard in order to be an 

 4           ELL teacher, special education ed, or any of 

 5           those vacancies that we find hard to fill.  

 6           So we're very concerned.

 7                  But I'd also be remiss if I didn't 

 8           state that we're concerned about what's going 

 9           to happen with the physical plant of the 

10           campus.  So while we have a duty to make sure 

11           that our existing staff have opportunities 

12           for advancement and to use any accredited 

13           education program for a recruitment and 

14           retention tool, we have concerns about that 

15           big hole in the city that will exist now.

16                  ASSEMBLYWOMAN WALSH:  Sure.  Sure.

17                  I have one more quick question for 

18           anyone who'd like to answer.  I'm hearing a 

19           lot about the policies that some school 

20           districts are developing about cellphone 

21           pouches and having kids put their cellphones 

22           in.  You know, we hear about the dangers of 

23           overuse of screen time and social media.

24                  I'm just curious as to the people on 


                                                                   409

 1           this panel, is that something that you've 

 2           utilized or are you thinking about utilizing 

 3           it?  What are your thoughts?

 4                  YONKERS SUPERINTENDENT RODRÍGUEZ:  

 5           We've started a pilot program with the honor 

 6           system in Yonkers, and we're focused 

 7           specifically on our middle-school population, 

 8           such that the minute that they arrive in the 

 9           school building, they put their phones in the 

10           pouches, they keep the phones for the rest of 

11           the day but aren't able to access them.  And 

12           then they're released at the end of the day.

13                  So far it's been -- we've had a very, 

14           very good experience in terms of looking at 

15           the extent to which that has led to 

16           significantly more time on task within our 

17           classrooms.

18                  ASSEMBLYWOMAN WALSH:  Interesting.  

19           Thank you.

20                  CHAIRWOMAN KRUEGER:  Thank you.

21                  Senator Chu.

22                  SENATOR CHU:  Thank you, Chair.

23                  So my question is going to pivot to 

24           our school library material aids.  Because 


                                                                   410

 1           this material aid has stayed flat from 2007, 

 2           17 years ago, at $6.25 per pupil.  I am more 

 3           familiar with the New York City school 

 4           system.  I'm happy to see all the 

 5           superintendents here.  I just want to know, 

 6           like, with this insufficient funding, how 

 7           does our schools -- or could you give us any 

 8           example to show us how our schools support 

 9           our students in those materials?  And 

10           especially right now with the digital 

11           materials, it's a trend -- it's something we 

12           should utilize.  And it's easier with the 

13           technology improvement.  However, that costs 

14           way more than the hard-copy book.  I remember 

15           back in 2023, last year, a regular nonfiction 

16           young adult, the cost averaged $26.  That's 

17           over four per-pupil costs to buy one book, 

18           without saying for the digital access.

19                  So could any one of you give us some 

20           example how our schools actually run our 

21           school libraries?

22                  MS. PYLE:  (Inaudible.)  Does anyone 

23           want to speak to it?  With regard to your 

24           challenges to purchase instructional 


                                                                   411

 1           materials, given the low reimbursement you 

 2           receive.

 3                  ROCHESTER SUPERINTENDENT PELUSO:  You 

 4           know, I echo exactly what you're saying, 

 5           right?  It is harder for us to purchase with 

 6           -- you know, especially for us trying to find 

 7           appropriate, culturally relevant material.  

 8           And then having to be able to replace some of 

 9           the old stuff, having that low rate obviously 

10           impacts what we're able to replace it with.

11                  YONKERS SUPERINTENDENT RODRÍGUEZ:  

12           Well, the upside, on the other side of that 

13           coin, is to the extent that we have been 

14           moving more and more toward computer-based 

15           assessment, the fact that more curricular 

16           materials ought to be available in digital 

17           format, not only constitutes sort of practice 

18           runs for our students and our staff, but it 

19           also makes it easier for school districts to 

20           comply with NIMAS requirements for students 

21           with disabilities, for example.

22                  SENATOR CHU:  That's wonderful.

23                  Can you add a school district?

24                  SYRACUSE SUPERINTENDENT DAVIS:  I will 


                                                                   412

 1           just say that what we've had a difficult time 

 2           with is vetting the materials that we want, 

 3           because we need diverse materials.  So as we 

 4           look for the right information that our 

 5           students could actually benefit from -- it 

 6           has been a challenge.  So just finding the 

 7           right people in the right setting to get that 

 8           work done so that the material that we're 

 9           using is meaningful.

10                  SENATOR CHU:  Thank you.

11                  CHAIRWOMAN KRUEGER:  Thank you.

12                  Assembly.

13                  ASSEMBLYMAN BENEDETTO:  Yes.  Listen, 

14           I've heard that there are problems in some of 

15           the school districts in the area who have 

16           community schools and food pantries.  While 

17           they're having great lines of people 

18           attending or going to participate in this, 

19           and they're running out of food.

20                  Do you have the same problem in your 

21           schools?

22                  BUFFALO PUBLIC SCHOOLS CFO BARNES:  We 

23           have a very robust community school program.  

24           I think we have 24,000 visitors to our 


                                                                   413

 1           Saturday academies alone, and the food is a 

 2           very big part of it.  We've had no problems 

 3           with food shortages.

 4                  ASSEMBLYMAN BENEDETTO:  Is that the 

 5           same all around?

 6                  SYRACUSE SUPERINTENDENT DAVIS:  The 

 7           need is there.  The need is absolutely there.  

 8           We have lines around --

 9                  ASSEMBLYMAN BENEDETTO:  Is the food 

10           available?

11                  SYRACUSE SUPERINTENDENT DAVIS:  Yes.

12                  ASSEMBLYMAN BENEDETTO:  Good.  I'm 

13           glad to hear that.  Lastly --

14                  YONKERS SUPERINTENDENT RODRÍGUEZ:  

15           Well, if I might --

16                  ASSEMBLYMAN BENEDETTO:  Yes.

17                  YONKERS SUPERINTENDENT RODRÍGUEZ:  -- 

18           Assemblyman, I concur that the need is there.  

19           Food insecurity is a major not only 

20           quality-of-life issue, but quality of 

21           learning condition that is a very significant 

22           concern.  

23                  It is, however, one of a series of 

24           services that we really need to focus on if 


                                                                   414

 1           we are going to serve the whole child.  In 

 2           most households we're in, food insecurity is 

 3           a major issue.  I guarantee you housing is an 

 4           issue.  Usually underemployment of guardians 

 5           or parents is an issue.  So I think it needs 

 6           to be looked at as part of a continuum of 

 7           services and supports that we have to 

 8           provide, in consultation with community 

 9           partners.

10                  SYRACUSE SUPERINTENDENT DAVIS:  If I 

11           may add to the answer that the food is there; 

12           getting families to accept the assistance is 

13           another piece of the puzzle.  As well as our 

14           homelessness rate has gone way up.  And those 

15           are school-age children.  

16                  So getting it to everyone is just 

17           another part of that concern.

18                  ASSEMBLYMAN BENEDETTO:  Thank you.

19                  Teacher recruitment.  You talked about 

20           it in Albany it's a concern.  How do the rest 

21           of the districts look upon that?  Are you 

22           having problems and difficulty with that?

23                  SYRACUSE SUPERINTENDENT DAVIS:  Major, 

24           major problem for us.  And part of it is the 


                                                                   415

 1           competition, where you come to the urban 

 2           setting versus going out to a suburban 

 3           setting or a rural setting.  The problems are 

 4           different, so to get someone to come to the 

 5           city and you start looking at what they pay 

 6           and what we pay, and it becomes a huge 

 7           barrier.  

 8                  So we're just working on different 

 9           ways to make it more attractive to come to 

10           the city.  And mostly, for at least Syracuse, 

11           you've got to have a heart for it.  You've 

12           got to want to be there.  And that's what we 

13           count on, and we try to -- we also have one 

14           of our Career and Technical Education 

15           programs in an urban teacher prep program 

16           where we try to grow our own.

17                  ASSEMBLYMAN BENEDETTO:  Thank you very 

18           much.

19                  CHAIRWOMAN KRUEGER:  Thank you.

20                  Senator Robert Jackson.

21                  SENATOR JACKSON:  Hi, everyone.  Thank 

22           you for coming.  Because as a legislator from 

23           New York City, listening to all of you I get 

24           to I guess hear the situation that you're in 


                                                                   416

 1           compared to the situation that I'm in or that 

 2           we're in, in New York City.  

 3                  So you may have been here when I said 

 4           if this audience was filled with 500 people, 

 5           we have to organize our people to protest 

 6           against these cuts.  And obviously the aim is 

 7           not on you, it's not the aim of the Senators 

 8           or Assemblymembers, it's the Governor.  

 9           Whether she likes it or not, it's her budget, 

10           Executive Budget.  

11                  And so we have to change that.  

12           Obviously with the leadership of both the 

13           Senate and the Assembly are going to be 

14           communicating how we cannot allow this to 

15           happen.  New York State -- you know, the 

16           budget is $232.7 billion.  That's the 

17           budget -- proposed budget, that is.  

18                  And, you know, so it's clear that, you 

19           know, the amount of cuts, the devastation it 

20           would have, I'm not hearing it from you, but 

21           I can just imagine -- I've heard it from my 

22           colleagues when they were speaking earlier.  

23           You know, half of all of the school districts 

24           in the State of New York are going to have 


                                                                   417

 1           cuts.  That means people are going to be 

 2           losing their homes, cannot afford food, like 

 3           you talked about, looking for other jobs, job 

 4           security, if in fact they're relatively new 

 5           and don't have the seniority that, you know, 

 6           they can stay around.

 7                  So this is huge.  This is not a small 

 8           piece of the pie.  And if in fact the 

 9           executive team of the Governor is like, you 

10           know, putting it out there to frighten 

11           everyone -- well, you frightened us.  Now 

12           come back and let's do the right thing.  You 

13           frightened us.  Come back and do the right 

14           thing and let us know that we're going to 

15           transition this but you're going to get the 

16           money that you need.

17                  But understanding that -- I hope that 

18           each one of you put out something to all of 

19           your people, get the parent leaders in, get 

20           the community leaders in and have them reach 

21           out to their State Senators, State 

22           Assemblymembers -- because every State 

23           Senator and every State Assemblymember should 

24           be united in ensuring that the money's 


                                                                   418

 1           restored.  Everyone.  And if they don't, 

 2           their constituents will give them the price.  

 3           You know what that means, right?  They won't 

 4           get reelected, because you're not 

 5           representing them.

 6                  So I say this to you, thank you for 

 7           coming.  I hope you have enough to get back 

 8           to where you come from.  If not, you know, 

 9           maybe you can spend the night here.

10                  (Laughter.)

11                  SENATOR JACKSON:  No, I'm joking, of 

12           course.

13                  (Laughter.)

14                  SENATOR JACKSON:  Thank you for 

15           coming.  And seriously, you gotta push.  We 

16           all have to push together, okay?  Thank you.

17                  CHAIRWOMAN KRUEGER:  It wasn't a 

18           question, but you do get an offer out of 

19           this, so --

20                  (Laughter.)

21                  CHAIRWOMAN KRUEGER:  Thank you, 

22           Robert Jackson.

23                  Assembly, the Senate's done.

24                  ASSEMBLYMAN BENEDETTO:  Panel, we 


                                                                   419

 1           thank you very much for coming.  And it's 

 2           going to be a tough year, but you guys are up 

 3           for it, I hope, and hopefully we are too.

 4                  Thank you for coming.

 5                  CHAIRWOMAN KRUEGER:  Thank you.

 6                  ASSEMBLYMAN BENEDETTO:  Our next 

 7           panel, Panel No. 5, please make your way on 

 8           down:  The 4201 Schools, the New York State 

 9           Coalition of 8053 Schools, the New York 

10           Association on Independent Living, and 

11           Advocates for Children.  

12                  (Off the record.)

13                  ASSEMBLYMAN BENEDETTO:  Panel, thank 

14           you very much for coming here today.  Is 

15           there somebody missing right now?  Well, be 

16           prompt.

17                  (Laughter.)

18                  ASSEMBLYMAN BENEDETTO:  Okay, thank 

19           you for being here.  As you know, you have 

20           three minutes to give your testimony. 

21                  And who will present first?

22                  MR. KELLY:  I will.

23                  Good afternoon, Senator Liu, 

24           Senator Mayer, Senator Krueger, 


                                                                   420

 1           Assemblyman Benedetto, and your honorable 

 2           colleagues.  My name is Tim Kelly.  I'm the 

 3           superintendent at St. Mary's School for the 

 4           Deaf in Buffalo.  

 5                  It is a pleasure to be with you today, 

 6           and we are grateful for your continued 

 7           support and friendship through the years.  

 8           Through my testimony you're going to hear a 

 9           lot of words like thank you, thank, 

10           appreciate, grateful.  

11                  The association represents 11 

12           nonprofit schools, state-supported schools 

13           serving children who are deaf, blind and 

14           physically disabled throughout New York 

15           State.  In recent years, many of the students 

16           that have come into our schools have 

17           additional disabilities, whether they be 

18           physical or cognition.  We also have a number 

19           of families with different backgrounds, 

20           including those who are asylum seekers.  And 

21           our schools do have the ability to meet the 

22           needs of these asylum seekers.

23                  So thank you for the opportunity to be 

24           able to testify today, and thank you to the 


                                                                   421

 1           Assembly and Senate for your longstanding 

 2           support to most importantly our students, as 

 3           well as our schools.  So thank you.

 4                  We would like first to thank the 

 5           Assembly and Senate for your longstanding 

 6           support.  Your work to restore and increase 

 7           state support to our schools was really 

 8           impactful, and was impactful to our students 

 9           and their families, so we are truly grateful.

10                  This year we're asking for state 

11           support in the area of growth.  We ask that 

12           our schools receive funding increases 

13           commensurate with those provided to the 

14           public schools and other special education 

15           schools.

16                  Also we ask for support in the area of 

17           mental health.  Our students, whether they're 

18           deaf, blind or physically disabled, still 

19           have the same mental health problems as 

20           students do in public schools.

21                  In terms of capital assistance, we are 

22           grateful for the 30 million that was passed a 

23           couple of years ago, and we're asking that 

24           the appropriation for the second round of 


                                                                   422

 1           health and safety projects be put forward.  

 2           We appreciate and need the support.  Our 

 3           schools are aging and our student populations 

 4           are changing.  

 5                  We also would ask that you support 

 6           growth and workforce retention.  Our school 

 7           staff members are specially trained and 

 8           certified to work with children who are deaf, 

 9           blind and physically disabled.  We propose a 

10           new initiative to increase salaries for our 

11           teachers and professional staff.  We suggest 

12           $30 million, a program over three years to 

13           incrementally increase salaries to better 

14           compete with public school districts.  

15           Sometimes our teachers leave to go to the 

16           public schools to make as much as twelve to 

17           $25,000 more, depending on the district.  

18                  We are grateful for the New York State 

19           Black, Puerto Rican, Hispanic and Asian 

20           Legislative Caucus's support of this 

21           initiative in their annual People's Budget, 

22           which was packaged in December.  So we 

23           appreciate that.

24                  We also are --


                                                                   423

 1                  ASSEMBLYMAN BENEDETTO:  I'm sorry --

 2                  MR. KELLY:  Okay.  We're grateful.  

 3           thank you.

 4                  ASSEMBLYMAN BENEDETTO:  Thank you.

 5                  MS. MILLER:  Hello, my name is Lindsay 

 6           Miller, executive director of the New York 

 7           Association on Independent Living.  Thank 

 8           you, Assemblymember Benedetto, Senator Mayer, 

 9           and all the members here today for having me.

10                  I represent the statewide membership 

11           association for Independent Living Centers, 

12           community-based not-for-profit organizations 

13           that are run by and for people with 

14           disabilities.  We provide a range of advocacy 

15           services and supports that are all focused on 

16           helping individuals of all disabilities and 

17           all ages live independently in the community.  

18           The services are person-centered, and they're 

19           focused on the needs of the individual, 

20           whether it be help finding affordable, 

21           accessible housing in the community; learning 

22           to navigate the local transportation system; 

23           developing the skills needed to live 

24           independently; transition from unnecessary 


                                                                   424

 1           institutional placement back to the 

 2           community, work which has saved the state 

 3           more than 2 billion since 2001, based on 

 4           ACCES-VR data; benefits counseling to support 

 5           employment goals -- and these are just a few 

 6           examples.

 7                  We also assist ACCES-VR to meet their 

 8           mission by providing community-based 

 9           wraparound services that complement the 

10           voc rehab services provided by ACCES-VR.  

11           We're a dedicated referral source and a 

12           valuable resource to counselors.

13                  ILCs employ.  The majority of their 

14           staff are people with disabilities statewide, 

15           and they help to elevate them to leadership 

16           positions and governance within the centers.  

17           They also work with local businesses to 

18           understand their responsibilities to hire and 

19           support employees with disabilities.

20                  And for younger people with 

21           disabilities, we provide help to transition 

22           from school to employment, a newly added core 

23           service that really needs investment.

24                  Our work is integral to the goals of 


                                                                   425

 1           this administration -- developing a 

 2           Master Plan on Aging, Olmstead 

 3           implementation, and making New York a model 

 4           employer for people with disabilities and 

 5           employment-first state.  We're the boots on 

 6           the ground, making this work happen, making 

 7           these changes at the local level -- but we 

 8           need your help.

 9                  There are 41 state-funded centers 

10           across the state who have been drastically 

11           underfunded for too long.  This is despite 

12           the rising cost of doing business and the 

13           increased demand for our services.  Thanks to 

14           strong support from the Legislature, we have 

15           made some gains in recent years and are 

16           currently funded at $16 million.  We're 

17           requesting a total funding of $18 million, 

18           which is an increase of only $2 million.  

19           When you divide that by 41 centers, it's less 

20           than $50,000 per center.

21                  We're also seeking your support to get 

22           ILCs included in the human services COLA to 

23           help our funding maintain pace with inflation 

24           moving forward.  The work of ILCs is very 


                                                                   426

 1           much aligned with that of our other human 

 2           service partners, but we have not been 

 3           considered eligible because of our placement 

 4           in the State Education budget.  We're 

 5           competing in the same labor market and having 

 6           the same difficulty recruiting and retaining 

 7           staff.

 8                  We know there was strong support in 

 9           the Legislature last year to have us added, 

10           but unfortunately the final budget did not do 

11           that, so we've missed out on the COLAs from 

12           2023, which was 5.5 percent -- 4 percent last 

13           year, and now this year's Executive Budget is 

14           proposing 1.5 percent.  

15                  A bill has been introduced by 

16           Assemblymember Hevesi and Senator Persaud to 

17           add additional providers, including ILCs, so 

18           we would urge you to include that 

19           legislation, along with the $2 million 

20           increase, in the final budget.  And the bill 

21           number is Assembly 8437.

22                  ASSEMBLYMAN BENEDETTO:  Thank you.

23                  MR. LOPEZ:  Chairs Benedetto and 

24           Krueger and other members of the Legislature 


                                                                   427

 1           her today, thank you for this opportunity to 

 2           address you.  My name is John Lopez.  I'm the 

 3           president of the New York State Coalition of 

 4           853 Schools and the executive director at 

 5           Devereux Advanced Behavioral Health's 

 6           New York Center.  

 7                  For any members unfamiliar with our 

 8           coalition, we represent approved private 

 9           nonprofit agencies supporting public school 

10           students in our special education programs.  

11                  To begin, I would like to express our 

12           membership's appreciation for the ongoing 

13           support from the Legislature to our schools.  

14           While funding for our schools is provided by 

15           the state outside of the budget through an 

16           administrative rate process called the 

17           tuition rate methodology, it is because of 

18           the Legislature's support that students with 

19           disabilities educated in our schools have 

20           been supported on par with their public 

21           school peers.

22                  We continue to advocate for this 

23           investment in parity so we can deliver 

24           educational opportunities that our students 


                                                                   428

 1           deserve.  However, we know one-time 

 2           investments in our schools will not 

 3           strengthen the fiscal viability of our 

 4           programs.  Our coalition has long advocated 

 5           for reforms to the rate methodology, and we 

 6           were thrilled to see Governor Hochul include 

 7           1.4 million in her Executive Budget proposal 

 8           for the State Education Department to develop 

 9           a new rate methodology.  

10                  Until this new methodology is 

11           implemented, interim plus rates must be 

12           authorized in a manner that allows schools to 

13           fully realize all the state investments by 

14           authorizing rate growth even when schools are 

15           operating under a temporary tuition rate due 

16           to backlogs at the State Education Department 

17           or Division of Budget.

18                  Though the Legislature was 

19           instrumental in getting administrative 

20           approval for these interim plus rates, as 

21           alluded to earlier, in implementation the 

22           growth has not been compounded for several of 

23           our schools that don't have these current 

24           rates.  For these schools, the 11 percent 


                                                                   429

 1           increase that was included in their interim 

 2           rates was dropped out before the 6.25 percent 

 3           increase could be added back.  Essentially 

 4           they're seeing about a 5 percent cut.  It's 

 5           hard to imagine that that was the intent 

 6           behind these historic investments, that it 

 7           would be a rate reduction.

 8                  It's critical we address this issue 

 9           now, as a number of our school programs are 

10           going to face another potential cut as we 

11           anticipate growth to our schools will be less 

12           than 6.25 percent.

13                  Lastly, the Paycheck Protection 

14           Program, PPP, was a lifeline in helping many 

15           of our schools ensure they could remain 

16           operational despite uncertainty during the 

17           pandemic.  Unfortunately, due to language in 

18           the 2020-2021 enacted budget, the state is 

19           treating this PPP funding as offsetting 

20           revenue in the year when the loan was 

21           forgiven.  As a result, schools that accepted 

22           these funds will see their rates 

23           significantly diminished.  

24                  The special education sector is the 


                                                                   430

 1           only sector where PPP funding is treated in 

 2           this manner.  So we're asking for your 

 3           assistance in meeting with us so we can 

 4           examine solutions to address this critically 

 5           important issue.

 6                  Once again, thank you for your support 

 7           to our students, families and staff.  Your 

 8           advocacy remains critical today, and we look 

 9           forward to working with you.

10                  MS. LEVINE:  Thank you for the 

11           opportunity to speak with you.  My name is 

12           Randi Levine, and I'm policy director of 

13           Advocates for Children of New York.

14                  As an organization focused on students 

15           whose needs are too often overlooked, we echo 

16           the calls for increased support for 

17           state-approved nonpublic schools serving 

18           students with disabilities, as well as 

19           preschool special education programs.  More 

20           information about this topic and a few other 

21           specific proposals are in our written 

22           testimony.  

23                  I want to focus my limited time today 

24           on the big picture and what's at stake for 


                                                                   431

 1           students in this year's budget.  Over the 

 2           last few years, school districts received an 

 3           unprecedented infusion of federal COVID-19 

 4           stimulus funding, allowing them to invest in 

 5           a number of critical education initiatives.  

 6           While school districts have used part of this 

 7           funding for short-term expenses directly 

 8           stemming from the pandemic, they're also 

 9           currently using this funding for much-needed 

10           long-term programs, many of which the state 

11           has historically underfunded.  

12                  New York City alone is using around 

13           $1 billion in federal stimulus funds to 

14           address student needs that existed long 

15           before the pandemic and are not going away.  

16           Among other things, New York City has used 

17           the stimulus funding to double 3-K enrollment 

18           and open new preschool special education 

19           classes to help address a longstanding 

20           shortage of seats for preschoolers with 

21           disabilities; hire 450 school social workers; 

22           increase the number of community schools and 

23           expand restorative justice programming; hire 

24           60 school preschool psychologists to address 


                                                                   432

 1           delays in the evaluation process for students 

 2           with disabilities; bolster supports for 

 3           students with dyslexia; hire 75 coordinators 

 4           to work in homeless shelters, helping 

 5           students living in shelters get to school and 

 6           access educational support; open new 

 7           bilingual programs for English language 

 8           learners and improve access to translation 

 9           and interpretation services for immigrant 

10           families, and much more. 

11                  We work with families every day, and 

12           we have seen the ways that these education 

13           initiatives are making a difference for some 

14           of New York City's most marginalized 

15           students.  But unless you, our state leaders, 

16           identify funding to replace the expiring 

17           federal funds, each of these programs could 

18           be significantly rolled back or eliminated 

19           five months from today.

20                  Unfortunately, instead of stepping up 

21           to provide increased resources to help school 

22           districts at this critical moment in time, 

23           the Executive Budget proposal, as you know, 

24           includes $400 million less in school aid 


                                                                   433

 1           statewide than the state's own projection 

 2           from the midyear financial plan.  For 

 3           New York City alone, the proposed changes to 

 4           the calculation of the Foundation Aid 

 5           inflationary factor would result in the city 

 6           getting $130 million less than it would 

 7           receive without this change.

 8                  At a time when there is a youth mental 

 9           health crisis, record high student 

10           homelessness, systemic violations of the 

11           rights of students with disabilities, and an 

12           increase of thousands of newly arrived 

13           immigrant students enrolling in New York City 

14           schools, we are counting on the Legislature's 

15           leadership to reject the change in the 

16           inflationary factor and to ensure that the 

17           final budget includes a substantial increase 

18           in education funding that will allow school 

19           districts to continue these critical 

20           education programs as their federal funds 

21           expire.

22                  Thank you.

23                  ASSEMBLYMAN BENEDETTO:  Well said.

24                  So -- and I suppose it's still true.  


                                                                   434

 1           So a school in my district where the problems 

 2           with teacher pay is so out of whack, and they 

 3           pick up and they leave -- and then, to make 

 4           matters worse, now they've got to find a new 

 5           teacher but then the state comes in and says, 

 6           well, it looks like you don't have a teacher, 

 7           you're out of compliance, and now you're in 

 8           big trouble.  And that, I suppose, is the 

 9           case of the schools throughout.

10                  Okay.  And with it all, how are you 

11           doing with teacher recruitment?  Mr. Lopez, 

12           you going to tell me?

13                  MR. LOPEZ:  It's brutal.  I think 

14           someone used the word "brutal" earlier.  

15           Yeah, it is tough, for sure.

16                  ASSEMBLYMAN BENEDETTO:  Okay, thank 

17           you.  

18                  On to Senate?

19                  CHAIRWOMAN KRUEGER:  Thank you.

20                  Senator Mayer.

21                  SENATOR MAYER:  Thank you.  Thank you 

22           all very much.  I realize just because you're 

23           on a panel together doesn't mean that your 

24           issues coincide, but that's how it got 


                                                                   435

 1           organized.

 2                  So Mr. Kelly, just on the issue of 

 3           capital for 4201 schools, do you -- we 

 4           allocate the capital and in my understanding 

 5           it takes a while for it to get out the door.  

 6           Is it -- can you be frank about the process?  

 7           Is it working adequately to get capital to 

 8           the 4201 schools?

 9                  MR. KELLY:  (Mic off; inaudible.)

10                  SENATOR MAYER:  Your light is not on.

11                  MR. KELLY:  Okay.  The first 

12           30 million was given to the schools and the 

13           projects, most of them, have been completed.  

14           Some schools have not.  Of course, the 

15           pandemic, the safety -- or the supply chain 

16           had an impact on that.  But in some of the 

17           schools the projects are done and that 

18           $30 million is spent.

19                  We are now asking for the second 

20           batch, which we'll put into the budget to be 

21           continued, and we will use that for capital 

22           projects.  Our buildings are aging, 

23           obviously, but in our case the windows were a 

24           huge deal on the lake side of the building, 


                                                                   436

 1           and we were able to replace them.  We even 

 2           had students comment how much better the 

 3           classrooms were because of the new windows.

 4                  So it does take time, but we 

 5           understand that and we're grateful for that 

 6           30 million.

 7                  SENATOR MAYER:  Okay, that's good.

 8                  And Ms. Miller, on the COLA for the 

 9           ILCs, which I remember we fought about last 

10           year, without the COLA your salaries for the 

11           folks that work there are flat, is that 

12           correct?  Is there any additional funding 

13           outside of the COLA?

14                  MS. MILLER:  Right, no, correct.  The 

15           Executive Budget proposes level funding, and 

16           then we're not included in the proposed human 

17           services COLA.  So, I mean, in this, you 

18           know, climate it really results in a cut 

19           because --

20                  SENATOR MAYER:  How many people work 

21           in ILCs statewide?

22                  MS. MILLER:  I don't know.  I don't 

23           have that exact number.  I could get it for 

24           you.  But there's over 50 offices across the 


                                                                   437

 1           state, so a significant amount.

 2                  SENATOR MAYER:  And Ms. Levine, a 

 3           question.  I know one of the things that your 

 4           group has been pushing for is some kind of 

 5           effort to deal with the cutoff of federal 

 6           funds.  You have a big ask on that number, I 

 7           realize.  But we're fighting to get what we 

 8           think is due in school funding.  What is the 

 9           number that you're seeking for the -- sort of 

10           the substitution of state funds for the 

11           federal COVID funds?

12                  MS. LEVINE:  The New York City 

13           Department of Education alone is using around 

14           a billion dollars this year in expiring 

15           federal funds to fund long-term programs that 

16           will still be needed.  We are not under any 

17           illusion that the state is going to pick up 

18           that full tab, but we certainly hope that the 

19           state will contribute and help New York City 

20           and other school districts continue these 

21           important programs.

22                  SENATOR MAYER:  Because they're 

23           recurring expenses, notwithstanding that they 

24           weren't supposed to be, but they had to use 


                                                                   438

 1           them that way.  Or they chose to use them 

 2           that way.

 3                  MS. LEVINE:  They used -- they chose 

 4           to use them for programs that we very much 

 5           needed before the pandemic and still need 

 6           today.

 7                  SENATOR MAYER:  Okay.  Thank you very 

 8           much.

 9                  CHAIRWOMAN KRUEGER:  Thank you.

10                  Assembly.

11                  ASSEMBLYMAN BENEDETTO:  Mr. Ra.

12                  ASSEMBLYMAN RA:  Thank you, Chair.

13                  Thank you all for your patience.

14                  Mr. Kelly, you've been coming before 

15           us for so long that I think I can read your 

16           mind, and I think maybe you wanted to comment 

17           on the Interagency Coordinating Council on 

18           Services to Persons Deaf, DeafBlind, and Hard 

19           of Hearing when you were cut off.

20                  MR. KELLY:  Thank you.  I did have 

21           this down to 2 minutes and 58 seconds, but 

22           you were right on the money, so that was 

23           good. 

24                  (Laughter.)


                                                                   439

 1                  MR. KELLY:  Yes, the interagency 

 2           council that Governor Hochul has proposed on 

 3           January 17th, our association is in favor of 

 4           that council and we feel that it's important 

 5           that our schools -- and we believe the 

 6           council's recommendations should be developed 

 7           in partnership with the Legislature.

 8                  Now, we are meeting with that council 

 9           on March 15th, the 4201 Schools Association.  

10           So that's where we are in terms of that.

11                  ASSEMBLYMAN RA:  Great.

12                  You talked about retention, 

13           recruitment and all of those things, which I 

14           know have been an issue for years.  So 

15           certainly, you know, any additional funding 

16           that we can do in that regard, and certainly 

17           with regard to the 853s and, you know, 

18           finally getting ourselves to a good place 

19           with regard to the rate methodology would go 

20           a long way.  Because I know we've heard for 

21           years about, you know, these are difficult 

22           educational settings and, you know, it's a 

23           calling and then people, you know, have to 

24           make a difficult decision to do what's best 


                                                                   440

 1           for their family, which is hard to fault 

 2           somebody for.

 3                  But it would be great to live in a 

 4           world where we can provide, you know, at 

 5           least a very comparable salary to people who 

 6           are working with the students that attend 

 7           these special education schools.  

 8                  So I just thank you all for your 

 9           continued advocacy.

10                  MR. KELLY:  Thank you.

11                  CHAIRWOMAN KRUEGER:  Senator Liu.

12                  SENATOR LIU:  Thank you, Madam Chair.

13                  Thank you all for your testimony.

14                  Randi, I figured maybe you can take a 

15           minute to explain your idea for the state 

16           helping our school systems with the cutoff in 

17           federal funding.  

18                  And I believe your plan used the 

19           precedent that -- the precedent from the 

20           state essentially bailing out the MTA last 

21           year, to use that as an analogy to help the 

22           school system.  If we could do it for the MTA 

23           last year, we should be able to do it for the 

24           school systems, right?  Do you want to expand 


                                                                   441

 1           on that?

 2                  MS. LEVINE:  Sure.

 3                  We think that the state has a role to 

 4           play in helping to continue these vital 

 5           programs, and the state should be exploring 

 6           every funding possibility possible so that 

 7           New York City and other school districts 

 8           don't have to cut these important programs.  

 9           When a family loses a 3-K seat or when 

10           students lose their school social worker, 

11           families and students don't care who 

12           originally funded that program or that 

13           service.

14                  We heard members today talk about the 

15           need for more social workers, for more 

16           community schools, for more early childhood 

17           education, for preschool special education 

18           seats.  Those are all programs that will be 

19           rolled back, potentially, unless we find 

20           funding -- and we hope that the state will 

21           step in and help.

22                  SENATOR LIU:  Okay, thank you.

23                  CHAIRWOMAN KRUEGER:  Assembly.

24                  ASSEMBLYMAN BENEDETTO:  Ranker Smith.


                                                                   442

 1                  ASSEMBLYMAN SMITH:  Thank you, 

 2           Mr. Chair.  And thank you all for joining us.

 3                  You started off the testimony thanking 

 4           us.  And while we appreciate being thanked, 

 5           the proposal from the Governor to fund -- to 

 6           keep the funding flat, I don't know if that's 

 7           necessarily something to be thanked for.  So 

 8           hopefully we'll be able to increase that, and 

 9           especially in a system that has historically 

10           been, in my opinion, underfunded.  And you've 

11           mentioned some of these issues.  You 

12           mentioned some of the most recent with the 

13           PPP loans.

14                  Could you give us kind of a quick 

15           recap of kind of what you would say the state 

16           of special education schools are in New York 

17           State?  And if you have any indications of 

18           trends or how we're doing with the students 

19           that you're serving.

20                  MR. KELLY:  I can certainly comment in 

21           terms of 4201 schools.  We're very proud of 

22           our staff.  They're highly qualified, highly 

23           certified.  Unconditional love to our 

24           students.  I mean, to me that's huge, every 


                                                                   443

 1           day. 

 2                  In terms of outcomes, we're proud of 

 3           our outcomes.  We're proud of our attendance 

 4           rate.  Some of our schools are residential 

 5           schools.  But we have students who do really 

 6           well on their Regents testing, advanced 

 7           Regents, and we have students who do well on 

 8           the alternate assessment.  And we celebrate 

 9           both of them equally at our schools.  

10                  So our schools are -- the students 

11           come in, they're language-deprived.  And, you 

12           know, you could imagine, with some of the 

13           students coming in now, they're even more 

14           language -- their families are 

15           language-deprived.  But miracles happen at 

16           our schools.  I mean, I'm not being 

17           Pollyanna.  There are miracles that happen at 

18           our schools every day.  I mean, I've seen 

19           kids come in and, you know, after seven 

20           months they're saying -- didn't know English, 

21           no nothing, no sign, nothing -- and they're 

22           asking me to get them a job when they turn 

23           18.  You know, Hey, Tim, what about a job?  

24           you know, can you get me a job?  I want to 


                                                                   444

 1           make money, I want to be a productive 

 2           citizen.  

 3                  So we have a rigorous curriculum at 

 4           our schools in the DeafBlind and 

 5           physically -- severely physically disabled, 

 6           but we have great outcomes.  Rigorous 

 7           curriculums.

 8                  MR. LOPEZ:  I would just add too, I 

 9           think, you know, there's a lot of pride in 

10           the work that our schools accomplish, and 

11           among those staff.  But I would also say that 

12           we're fragile right now.  It's been a 

13           struggle.  And certainly as you hear, the 

14           teacher shortage, workforce shortage in 

15           general, it's much more than just teachers.  

16           In the public schools, you know, we're 

17           feeling that as well.  And we're competing 

18           with public schools because our staff will go 

19           there and use us as a starting ground, a 

20           training ground, so to speak.

21                  So yes, we're proud, we're thankful of 

22           the support, but definitely we're fragile at 

23           the same time.

24                  ASSEMBLYMAN SMITH:  Okay, thank you.  


                                                                   445

 1           And I think you hit the nail on the head in 

 2           terms of the fact that educators across the 

 3           state have stories from their career of great 

 4           things that have happened; you have that 

 5           every single day.  So thank you.

 6                  MR. KELLY:  Mm-hmm.  It's true.  And, 

 7           you know, I start with thanks, because 

 8           through the years the changes that you 

 9           legislators, the legislative branch have 

10           made, have made great impacts on our students 

11           and their families.  So thank you.

12                  CHAIRWOMAN KRUEGER:  Thank you.

13                  Senator Robert Jackson.

14                  SENATOR JACKSON:  Hi.  Thank you for 

15           coming in.  I appreciate listening to your 

16           testimony so that I can have a holistic point 

17           of view and not just focus on New York City.  

18                  I mean, even when I was talking to my 

19           colleagues, especially on the other side 

20           of -- when I say the other side, you know, 

21           the Republicans -- you know, we're standing 

22           united in this, and that's a good thing, in 

23           order to restore this money.  

24                  But obviously listening to you with 


                                                                   446

 1           the schools that need it for children that 

 2           are deaf, blind or disabled -- I mean, my 

 3           brother-in-law is totally blind due to 

 4           retinitis pigmentosa.  I brought him here 

 5           from Tanzania, East Africa, when he was 19.  

 6           He's 63.  He's a licensed social worker, and 

 7           he's run 23 New York City marathons.

 8                  So when you give people because they 

 9           have an impairment or a disability -- they 

10           can do anything that you -- that they want 

11           to.  And that's an example.  I've run the 

12           last two with him as his guide.  And people 

13           ask me, What time are you gonna finish?  I 

14           say, Whatever time he finishes.

15                  (Laughter.)

16                  SENATOR JACKSON:  Because I'm a guide. 

17                  But Randi, I want to say to you, thank 

18           you for giving this (indicating paper), the 

19           impact of these -- you know, if the federal 

20           money is not replaced, that I'll see.  And I 

21           sure hope it's replaced, and I will do 

22           everything I can in working with our 

23           colleagues here in order to replace the money 

24           so that these people -- 28 social workers, 


                                                                   447

 1           restorative justice programming at 

 2           13 schools -- now, this is all in my district 

 3           that she's put this in there.  

 4                  And I had asked earlier whether or not 

 5           some of your flyers or your statements are 

 6           out there so we can have those as a point of 

 7           reference.  So this is very good, and I'm 

 8           going to go -- this is a coalition called 

 9           Emergency Coalition to Save Education 

10           Programs:  Call to Action, signed by more 

11           than 160 organizations.  That's coming 

12           together and organizing and getting the job 

13           done.  So hopefully that's what we will do on 

14           behalf of all of you and the people that you 

15           serve.

16                  Thank you all for coming in.

17                  Thank you, Madam Chair -- Chairs, 

18           rather.

19                  CHAIRWOMAN KRUEGER:  Thank you.

20                  Assembly.

21                  ASSEMBLYMAN BENEDETTO:  Chairman 

22           Santabarbara.

23                  ASSEMBLYMAN SANTABARBARA:  Thank you.

24                  I want to also add my thanks to all of 


                                                                   448

 1           you for the work that you do in our 

 2           communities.  My son is at a residential 

 3           program.  He's 22.  He's been dealing with 

 4           challenges of autism his entire life.  So the 

 5           work that you do can't be understated.  You 

 6           literally change people's lives.  I've seen 

 7           it with my son.  The supports and services 

 8           that he receives really changed his life, and 

 9           he's on a path -- a good path because of work 

10           like the work that you do.

11                  But I also see the staffing issues at 

12           the program.  I see sometimes there's new 

13           staff, and that does affect what -- it does 

14           affect the individuals that are there to be 

15           there for programming or for learning or for 

16           whatever the case may be.  So it is something 

17           that we need to prioritize in the budget.  I 

18           think we all agree on that here.  We're 

19           trying to get more funding for staffing.  The 

20           shortages -- sometimes there's just vacant 

21           positions and, you know, people are doing 

22           more work trying to make up for that vacancy.

23                  I do want to -- I also want to agree 

24           with the mental health support services that 


                                                                   449

 1           was mentioned earlier.  I do want to support 

 2           that.  And I'm going to be advocating for 

 3           that in this budget as well.  I think that's 

 4           a very important component in all of our 

 5           schools.  In these schools and in all of our 

 6           public schools as well, that's been a 

 7           tremendous need.

 8                  One question for Lindsay on the 

 9           ACCES-VR program.  We've had some legislation 

10           in the past, and that program has changed a 

11           little bit over the years.  I just want to 

12           get your feedback on how that's working and 

13           maybe some other improvements that are 

14           needed.

15                  MS. MILLER:  Yeah, that's a good 

16           question.  I mean, I certainly think there 

17           are still barriers at the local level.  I 

18           think my members can speak a little bit 

19           better to what some of those barriers are.  

20           But certainly in terms of I think the success 

21           rate in getting individuals employment 

22           supports and successful employment, we can be 

23           doing better in New York State. 

24                  So -- but I can get back to you, or 


                                                                   450

 1           with your office.

 2                  ASSEMBLYMAN SANTABARBARA:  Yeah, that 

 3           would be great.  And there's always room for 

 4           improvement, and we'd like to hear that, 

 5           whether it's legislation or something in the 

 6           budget.

 7                  And, you know, as far as workforce 

 8           goes, there has been more opportunity that 

 9           I've seen in my community for people with 

10           disabilities than we've seen in years past.  

11           And because there is a shortage, I think 

12           people are getting an opportunity to take 

13           these positions.  And I think that more and 

14           more companies are actually looking to hire 

15           people with disabilities.

16                  So it's a good trend.  I just want to 

17           make sure that our systems in place are 

18           helping that along and providing those 

19           opportunities as well.

20                  MS. MILLER:  Yeah, and I think that 

21           this administration has made that a priority.  

22           So I think we're hopeful that there's changes 

23           coming.

24                  ASSEMBLYMAN SANTABARBARA:  Great.  


                                                                   451

 1           Thanks for being here today.

 2                  CHAIRWOMAN KRUEGER:  Thank you.

 3                  Senator Chu.

 4                  SENATOR CHU:  Thank you, Chair.

 5                  Thank you all for being a strong 

 6           advocate for those families who really, 

 7           really need uplift, support and carry them, 

 8           because sometimes it's really hard for them 

 9           to come out and voice.  I really appreciate 

10           all your work.

11                  Mr. Kelly, can you talk about the 

12           4201s?  My understanding, the financial 

13           structure, how we fund the 4201s is -- it's 

14           different from other special ed programs.  

15           Like does this model work, or could you help 

16           me understand the --

17                  MR. KELLY:  So years ago we got one 

18           lump sum.  But a few years ago, underneath 

19           Governor Cuomo, we changed the funding system 

20           to where the school districts pay a per-pupil 

21           cost.  So in other words, we are a middleman.  

22           We bill the districts for the cost of the 

23           tuition, they subtract the per-pupil cost 

24           from their student, whatever it might be, and 


                                                                   452

 1           then the state reimburses the school district 

 2           for that money.

 3                  SENATOR CHU:  Does this model work, or 

 4           is there any impact on how you operate?

 5                  MR. KELLY:  We have a great 

 6           relationship with the districts, and most of 

 7           the -- or all of the 4201 schools do.  So 

 8           there haven't been any billing issues or 

 9           anything that have come to my attention.  So 

10           I would say the 11 districts have strong 

11           relationships with the school districts -- 

12           the 4201 schools have strong relationships 

13           with the school districts that they serve.

14                  SENATOR CHU:  Thank you.

15                  Randi, I actually want to bring to 

16           everyone's attention a couple of months ago I 

17           had dozens of families actually reach out to 

18           my office, send me postcards, call my office, 

19           really express their serious concern about 

20           4410s, they're going to lose their federal 

21           funding, they're going to lose their 

22           teachers, the teacher assistants, the 

23           therapists, the staff.

24                  I am very -- thank you for being a 


                                                                   453

 1           strong voice today to say, you know, billions 

 2           of dollars because of this pandemic in 

 3           federal help, we could actually address those 

 4           supports to the long-overdue service to the 

 5           families.  Of course we don't want to roll it 

 6           back.  But before -- can you tell us, before 

 7           we didn't have this money.  How did we handle 

 8           those situations for our families?  If we 

 9           lose those families, what are we talking 

10           about here?  What's the impact?

11                  (Time clock chiming.)

12                  CHAIRWOMAN KRUEGER:  Sorry about that.  

13           So if you'd like to follow up with her 

14           afterwards.

15                  MS. LEVINE:  (Nodding.)

16                  CHAIRWOMAN KRUEGER:  Senate -- oh, no, 

17           you are the Assembly.

18                  ASSEMBLYMAN BENEDETTO:  We are the 

19           Assembly.  

20                  Assemblywoman Walsh.

21                  ASSEMBLYWOMAN WALSH:  Thank you very 

22           much.

23                  My question is mostly directed to 

24           Mr. Lopez and the 853 schools.  So my 


                                                                   454

 1           question is, when was the last time that 

 2           there was -- I know that they're talking 

 3           about doing the methodology tuition study and 

 4           everything, and they're kicking that up to 

 5           2027, under the Governor's proposal.

 6                  When's the last time that was updated?

 7                  MR. LOPEZ:  As I understand, the 

 8           advocacy to start looking at and redesigning 

 9           the tuition rate has been going on for 

10           30 years.  So a little longer than I've been 

11           involved.

12                  ASSEMBLYWOMAN WALSH:  Thirty years.  

13                  MR. LOPEZ:  Yeah.

14                  ASSEMBLYWOMAN WALSH:  Okay.

15                  MR. LOPEZ:  So I don't think it's ever 

16           been looked at, certainly not in recent 

17           years.

18                  ASSEMBLYWOMAN WALSH:  Have there been 

19           increases over the last 30 years, or has the 

20           tuition been set and not changed in that 

21           time?

22                  MR. LOPEZ:  There have been increases 

23           recently.  There have been years where we've 

24           had zero for sure.  We can get you the 


                                                                   455

 1           breakdown year over year.  

 2                  But there was 11 percent the year 

 3           before last, 6.25 the last year.  So under 

 4           the past two years with Governor Hochul we've 

 5           seen historic investments.  And that's part 

 6           of the appreciation we've been expressing.

 7                  ASSEMBLYWOMAN WALSH:  Got it.  Because 

 8           I would think that -- well, I was troubled by 

 9           the idea that the study itself was going to 

10           be delayed, because I know that, you know, 

11           everyone's experiencing issues with, you 

12           know, affordability and inflation and all of 

13           those pressures.

14                  And, you know, I mean just in my 

15           district -- I mean, I was just looking at the 

16           list of 853 schools.  I mean, The Charlton 

17           School, you know.  And locally -- oh, and 

18           Oak Hill.  And then Vanderheyden and 

19           Northern Rivers, St. Anne's, St. Catherine's.  

20           I mean, all of these schools that are doing 

21           just remarkable work.  And I'm glad that 

22           there have been investments in these schools 

23           because the work is really, truly 

24           transformational for the students that really 


                                                                   456

 1           need it and the families that really need the 

 2           intervention.

 3                  So I want to thank you for the work 

 4           that you do to support them.

 5                  And then I guess my last -- by way of 

 6           comment, really, is on the employment issue.  

 7           So I happen to have a 31-year-old who is on 

 8           the autism spectrum, and thank God our family 

 9           was able to create a job for him.  

10                  The unemployment, underemployment rate 

11           for individuals on the autism spectrum is 

12           really dismal.  I think that the state could 

13           do, should do, needs to do an awful lot 

14           better.  I think that they're a hugely 

15           untapped resource.  And for all that 

16           everyone's always complaining they can't find 

17           anybody to work, I know that there are a lot 

18           of individuals, including my son, that want 

19           to work, that enjoy working, and every day is 

20           a good day at work for my son.  He really 

21           loves it.

22                  So thank you for the work that you're 

23           doing, and I really look forward to working 

24           with you to hopefully enhance what we're 


                                                                   457

 1           doing for this group of individuals that 

 2           really would be very dedicated and really 

 3           great workers.  So thank you.

 4                  MR. KELLY:  If I could just comment 

 5           real quick --

 6                  ASSEMBLYWOMAN WALSH:  Please.

 7                  MR. KELLY:  -- we do hire, the 4201 

 8           schools, a lot of our alumni.  And it's 

 9           really great to see the student go through 

10           the school, go maybe get their, you know, TA 

11           certification and then come back and work at 

12           the school.  And that is applicable to all of 

13           the schools.

14                  ASSEMBLYWOMAN WALSH:  That's 

15           fantastic.  That's fantastic.  Thank you.

16                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

17           Simon.

18                  ASSEMBLYWOMAN SIMON:  Thank you, 

19           Mr. Chair.  

20                  And thank you for your testimony. 

21                  Randi, I've already talked to you.

22                  So, you know, we've talked about the 

23           4201 and 853 and the 4410 schools.  And one 

24           of the challenges -- and I noticed in the 


                                                                   458

 1           Governor's budget that there was a certain 

 2           flat funding for 4201 except there were six 

 3           schools that weren't getting a certain 

 4           amount.  And I know we sort of divided that 

 5           up in terms of certain schools needing 

 6           certain kinds of funding, or perceived to be.

 7                  So (a) I'd like to understand your 

 8           response to that.  And then the other thing 

 9           is we've talked about hiring and retention, 

10           and it would be helpful perhaps to talk about 

11           what kinds of salaries you actually have.

12                  I know when I taught at Perkins, I 

13           started at $9500.  After 25 years I'd be at 

14           14 (laughing).  So that was a long time ago, 

15           but still -- not a lot of room there.

16                  I'd like you to address that issue as 

17           well because I think that's a significant 

18           recruitment as well as retention issue.

19                  MR. KELLY:  Right.  Like I had 

20           commented, there are teachers who leave our 

21           schools to go to a district with sometimes 

22           between a twelve and $25,000 pay difference, 

23           depending on their certification and their 

24           education and the other things that go along 


                                                                   459

 1           with the pay grade at the district.  

 2                  That's a fact.  So we're behind.  I 

 3           know in New York City it's even a greater gap 

 4           than it is out in Western New York.

 5                  In terms of the schools, the funding 

 6           to the 4201 schools, some of the members of 

 7           the Assembly gave their district school, 

 8           their school within their district, money to 

 9           meet the needs of that school, that 4201 

10           school.  So that is between that elected 

11           official and that particular 4201 school.

12                  Does that answer your question?

13                  ASSEMBLYWOMAN SIMON:  Not entirely, 

14           but that's a table talk.  

15                  MR. LOPEZ:  Just to add, on the 

16           recruitment piece too, certainly on the 

17           teacher side, you know, teacher shortages and 

18           our competition with public school salaries 

19           is a factor.  But for our support staff, 

20           paraprofessionals, we're competing with the 

21           private sector and Dunkin' Donuts and Walmart 

22           and, you know, businesses like that.

23                  ASSEMBLYWOMAN SIMON:  So the salary 

24           levels are that low.


                                                                   460

 1                  MR. LOPEZ:  Salary -- yes, they're 

 2           that low.

 3                  ASSEMBLYWOMAN SIMON:  Thank you.

 4                  MS. LEVINE:  And for preschool special 

 5           education programs, 4410s, in New York City 

 6           today we have hundreds of young children 

 7           sitting at home, in violation of their 

 8           rights, who have an IEP-mandated right to a 

 9           preschool special education class but don't 

10           have one because of the difficulty that the 

11           community-based organizations have hiring 

12           teachers.

13                  And I will just say, going back to our 

14           expiring stimulus dollars, the New York City 

15           Department of Education actually invested 

16           some funds to make it a little bit better, 

17           and that funding is going away in June.  

18           There are already hundreds of children 

19           sitting at home; we don't want the problem to 

20           get worse.

21                  ASSEMBLYWOMAN SIMON:  Thank you.

22                  ASSEMBLYMAN BENEDETTO:  Assemblywoman 

23           Pheffer Amato.

24                  ASSEMBLYWOMAN PHEFFER AMATO:  Okay, 


                                                                   461

 1           I'm just going to continue this part of the 

 2           conversation.  Thank you for all the work 

 3           that you do.

 4                  You know, HeartShare is in my 

 5           district; I have many other schools 

 6           throughout my district, or my children in my 

 7           district go to schools just outside.  

 8                  So is there an analysis that you have 

 9           that shows that difference in salary to be 

10           equitable to the city salary, let's say, and 

11           how much money you would need in your 

12           budgets, infused in, to be equitable to 

13           those?  Do you have numbers on those?

14                  MR. KELLY:  We do.  The 4201 schools 

15           do.  And we can get that to you.

16                  ASSEMBLYWOMAN PHEFFER AMATO:  I think 

17           you all should submit that so we know the 

18           difference -- like as a request, you know 

19           what I mean?

20                  And so I feel -- this is just giving 

21           me a little bit of a soapbox -- that, you 

22           know, you're doing the work in training the 

23           person that comes in, if it's a 

24           paraprofessional and/or a teacher, and then 


                                                                   462

 1           they're leaving and, you know, you've put all 

 2           that time and effort into that training, and 

 3           that has value.  So that's also going out the 

 4           door with you, and your time that people are 

 5           investing in other people, and not taking 

 6           away from them leaving.  

 7                  Because everyone should leave for 

 8           $20,000 more.  That's a lot of money to a 

 9           person and their family.  And certainly it 

10           might even be closer to their home.  It's not 

11           about our hearts here.  We have to take care 

12           of a family.  But there has to be something 

13           about the investment that your schools are 

14           making and then that investment walks out the 

15           door.

16                  So it's a credit back.  I felt that 

17           way with nurses that leave -- you know, 

18           working with the state, and then they go to 

19           private hospitals.  You know, we've invested 

20           20,000 to $30,000 in their training and they 

21           leave.  So I think that's some part of the 

22           value that you have to give in a formula to 

23           us so we know how to fight for you.

24                  And I'm with Senator Jackson, we'll 


                                                                   463

 1           make it our call to action here to make sure 

 2           that there's equity, at least across the 

 3           board.  But these students, these children 

 4           deserve everything -- I want to say, Randi, 

 5           you're passionate, and everything you said, 

 6           we agree with.  I agree with.  That they're 

 7           shorting and they're not getting the services 

 8           they need, they're home, they're not getting 

 9           their evaluations.

10                  And I know in HeartShare that they're 

11           not even getting the full amount for 

12           evaluations.  So if we can get the 

13           evaluations done, half these kids would get 

14           help.  And that should be funded from the 

15           state level.

16                  MALE PANELIST:  I agree.

17                  ASSEMBLYMAN BENEDETTO:  Thank you, 

18           Assemblymember.

19                  That ends this.  But let me say, 

20           before you guys go, I understand -- Mr. Ra 

21           told me that Tim Kelly, you're retiring?

22                  MR. KELLY:  I am.  Forty-two years.

23                  ASSEMBLYMAN BENEDETTO:  You should 

24           retire, sir.


                                                                   464

 1                  MR. KELLY:  Oh, no, I'm a youngster 

 2           down here.  I get it.  I get it.  Over here, 

 3           I guess.

 4                  ASSEMBLYMAN BENEDETTO:  Listen.  You 

 5           are retiring, you have been doing this for so 

 6           many years, your efforts have been admired by 

 7           many and the effect of your efforts has been 

 8           noticed and benefited the students that you 

 9           advocate for.  They should be indebted, and 

10           you will be remembered and sorely missed.

11                  (Applause.)

12                  MR. KELLY:  Thank you.  Thank you.

13                  Can I end it with "Go, Bills"?

14                  (Laughter.)

15                  ASSEMBLYMAN BENEDETTO:  Next panel, 

16           please come on down.  This is Panel No. --

17                  CHAIRWOMAN KRUEGER:  D.

18                  ASSEMBLYMAN BENEDETTO:  -- D, as we 

19           continue forward.  This is the New York State 

20           Council of School Superintendents; the New 

21           York State School Boards Association; the 

22           Association of School Business Officials; 

23           New York State Parent Teacher Association; 

24           the Rural Schools Association; and BOCES of 


                                                                   465

 1           New York State.  

 2                  Okay, gentlemen, gentleladies, thank 

 3           you very much for coming.  Okay, Mr. Lowry, 

 4           are we going to begin with you?

 5                  MR. LOWRY:  Thank you, chairs and 

 6           committee members.  I am Robert Lowry, deputy 

 7           director of the New York State Council of 

 8           School Superintendents.  Thank you for the 

 9           opportunity to testify today.  And more than 

10           that, thank you for your leadership and 

11           resolve in finally achieving full funding of 

12           Foundation Aid.

13                  I'd like to use my time now to make 

14           three points.  First, the proposed changes to 

15           Foundation Aid undermine a great achievement 

16           in public policy.  You've heard half the 

17           state's school districts would experience 

18           year-to-year cuts in Foundation Aid, not just 

19           smaller increases.  And close to a fifth of 

20           districts would see cuts of 10 percent or 

21           more.  

22                  All districts would be negatively 

23           affected by the proposed reduction in the 

24           inflation factor.  As one superintendent 


                                                                   466

 1           observed:  It would be fine to factor in 

 2           inflation from 10 years ago if our districts 

 3           and our employees could go back in time and 

 4           buy what we need at prices that prevailed in 

 5           2014.

 6                  Second, past actions create 

 7           expectations for the future, and this 

 8           proposal marks an abrupt change in state 

 9           policy.  It said that recent increases were 

10           not sustainable.  But we repeatedly cautioned 

11           school officials that as full funding was 

12           achieved, and as inflation moderated, those 

13           increases would moderate significantly.  And 

14           they have, from 12.3 percent this year to 

15           3.9 percent for the year ahead, if 

16           current-law formulas are followed.

17                  We're grateful for the increases that 

18           your budgets delivered.  And our surveys show 

19           that they've been able, schools, to do more 

20           for students.  But for 40 percent of 

21           districts, those increases over the last 

22           three years did not keep pace with inflation.

23                  It's also true that some districts 

24           have lost enrollment, and that's caused them 


                                                                   467

 1           to fall onto save-harmless.  But virtually 

 2           all districts say we are doing many more 

 3           things to help families and children with 

 4           needs beyond academics.  That's the 

 5           number-one theme we hear from superintendents 

 6           when we ask them what is most important for 

 7           the public to know about what schools are 

 8           experiencing.

 9                  In any event, save-harmless is not 

10           new.  It's been around for decades.  There 

11           was no talk of a need to cut save-harmless 

12           last year or the year before.  In fact, the 

13           state went beyond that and provided 3 percent 

14           minimum increases.

15                  Finally, we do need to work at 

16           updating the Foundation Aid formula.  The 

17           Educational Conference Board this fall 

18           outlined a two-pronged approach to doing 

19           that.  SED can model some changes now for 

20           consideration.  Other changes would require 

21           funded research by the department.  

22                  And part of this exercise does need to 

23           address districts not on the formula, those 

24           that are on save-harmless.  For some, actions 


                                                                   468

 1           needed to ensure that their students have 

 2           access to a full range or learning 

 3           opportunities could encompass strategies for 

 4           regionalization and consolidation, as well as 

 5           funding.  

 6                  But merely cutting aid to those 

 7           districts, as this budget would do, would do 

 8           nothing to ensure that those children have 

 9           the opportunities we would want for our own 

10           children, and would only imperil them 

11           further.

12                  So thank you for your time, and I look 

13           forward to your questions.

14                  MR. FESSLER:  Good afternoon.  I'm 

15           Brian Fessler with the New York State School 

16           Boards Association.  Chairs Mayer, Krueger, 

17           Benedetto, committee members, appreciate the 

18           opportunity to offer our response and 

19           reactions to the budget proposal on behalf of 

20           the 676 member school boards we serve.

21                  We join in the sentiment you've been 

22           hearing throughout the day today.  Across the 

23           state, school board members are surprised and 

24           ultimately opposed to the Foundation Aid 


                                                                   469

 1           proposal in this year's budget proposal.  

 2                  We're frustrated and disappointed that 

 3           the Executive Budget both pulls back on full 

 4           funding of Foundation Aid and eliminates the 

 5           save-harmless provision for hundreds of 

 6           districts across the state.  Between the 

 7           elimination of save-harmless and the 

 8           suppressed growth for the rest of the 

 9           districts in the state due to the arbitrary 

10           reduction in the current-law formula's 

11           inflationary factor, the proposal is more 

12           than $400 million below full funding of the 

13           formula.

14                  The save-harmless is an important 

15           school funding strategy that ensures that no 

16           districts receive less Foundation Aid than 

17           they did in the previous year and that 

18           recognizes that districts face increasing 

19           costs each year.  And it's a critical part of 

20           ensuring adequate and equitable opportunities 

21           for all our state's public school students.

22                  You know, in crunching the numbers for 

23           the 337 districts that would experience 

24           $167 million worth of Foundation Aid cuts, we 


                                                                   470

 1           see that 61 districts have a Foundation Aid 

 2           cut of at least 20 percent.  Ninety districts 

 3           have a Foundation Aid cut of at least 

 4           $1,000 per student.  A hundred districts have 

 5           a Foundation Aid cut that is at least 

 6           2 percent of their total General Fund 

 7           expenditures.  A hundred districts with a 

 8           Foundation Aid cut have more than half of 

 9           their students on free or reduced-price 

10           lunch.  One hundred eighty-five districts 

11           with a Foundation Aid cut have a combined 

12           wealth ratio or a district wealth factor 

13           below 1, meaning below state average wealth.  

14           And finally, 125 districts would receive less 

15           Foundation Aid under this proposal than they 

16           did in 2019-'20, five years ago.

17                  These cuts must be restored, 

18           save-harmless must be preserved, and full 

19           funding of the formula must be continued.  

20                  Now, while we have plenty of 

21           frustration with the Foundation Aid proposal, 

22           it's certainly important to note the things 

23           that we do like, including complete funding 

24           of expense-based aids, continued attention 


                                                                   471

 1           and investments in student mental health, 

 2           investments in cybersecurity, and technical 

 3           adjustments to both pre-K funding and a small 

 4           adjustment to transportation aid for 

 5           zero-emission buses.

 6                  Finally, as is written in our 

 7           testimony, we're further hopeful to see 

 8           action on other important issues, including 

 9           investments in Career and Technical Education 

10           through our BOCES and some in-district 

11           programs for non-component districts; 

12           restoration of prior-year aid claim funding; 

13           a truly universal school meals program; and 

14           much-needed reforms to the zero-emission 

15           school bus transportation plan, as we have 

16           recommended with some of our partner groups 

17           here today.  

18                  Thank you very much.

19                  MR. WHITE:  Good afternoon.  Dan 

20           White, district superintendent, Monroe 1 

21           BOCES, representing BOCES of New York State 

22           and our 700 member districts.

23                  Thank you for the opportunity, and 

24           good to see all of you again.  Much of what 


                                                                   472

 1           we are going to say you can have in our 

 2           written testimony.  Much of what we'd say 

 3           about Foundation Aid you've heard all day 

 4           today, and for a lot of very good reasons.  

 5           And sometimes it takes the air out of the 

 6           room, and we appreciate your attention to a 

 7           number of other very important issues as 

 8           well.  I want to point out a couple.  

 9                  Number one, the Executive Budget does 

10           speak about mental health access in schools.  

11           You have heard all day as well about the 

12           mental health crisis we have in schools and 

13           communities, and I know you know that in many 

14           communities, students' access to mental 

15           health exists through the school building.  

16           So we are fully supportive of that.

17                  We're fully supportive of looking at 

18           enhancing community schools.  I've spoken 

19           about that with this body for a number of 

20           years.  Those direct monies going to services 

21           for students and families are truly 

22           impactful, and they are very, very important 

23           to keep going.

24                  Lastly, a broken record, I'm sorry, 


                                                                   473

 1           for the last 10 years I've been before you 

 2           talking about enhancing Career and Technical 

 3           Education support by New York State.  

 4           This body and both one-house budgets have 

 5           supported that.  We thank you for that.  It 

 6           has not made it past the cutting-room floor, 

 7           so to speak, at the end of the budget.  

 8                  But our colleagues at United 

 9           Federation of Teachers and New York State 

10           United Teachers spoke I think very eloquently 

11           about the impact of Career and Technical 

12           Education across the state.  Whether you're a 

13           kid in a rural district or suburban district 

14           or urban district, it works, it's important.  

15           We ask you to reconsider that proposal, to 

16           put that in your one-house budgets again.  We 

17           think that is exceptionally important.

18                  I'm going to stop and save a little 

19           bit of time and pass it to my colleague.  

20                  Thank you.

21                  MR. CECHNICKI:  Thank you.  Good 

22           afternoon.  My name is Brian Cechnicki.  I'm 

23           the executive director of the Association of 

24           School Business Officials in New York, 


                                                                   474

 1           representing nearly 3,000 members across the 

 2           state in nearly every BOCES and district who 

 3           work in the operations and finance of 

 4           schools.

 5                  I'm pleased to join my colleagues 

 6           today and really greatly appreciate your time 

 7           in hearing our concerns.

 8                  I'd like to focus on two key points 

 9           from our written testimony.  The first has 

10           been repeated many times here, so I'm not 

11           going to belabor it, other than, you know, 

12           this is not simply districts receiving less 

13           of an increase; over half the state is 

14           receiving an actual cut year to year.  I 

15           think looking at $168 million in the context 

16           of 35 billion in aid is easy to sort of 

17           dismiss as a small amount, but the way that 

18           this budget is cutting those districts is 

19           devastating.

20                  I think one way to think about it is, 

21           you know, these cuts are being justified as a 

22           result of declining enrollments in districts.  

23           But if you look at the cuts as a percent of a 

24           district's budget, if you look at the top 


                                                                   475

 1           20 impacted districts from that lens, those 

 2           districts are losing $19 million as a result, 

 3           because on average over the last 10 years, 

 4           they've lost 10 students per year. 

 5                  Put another way, 20 of the smallest 

 6           districts in the state are losing $19 million 

 7           because they've lost one student per year per 

 8           grade for the last decade.

 9                  For losing that few number of 

10           students, this cut is taking away between 13 

11           and 48 percent of their aid and 6 to 

12           12 percent of their local budget.  The last 

13           time districts were cut like this, we were in 

14           the midst of the worst economic downturn 

15           since the Great Depression, and there was no 

16           tax cap in place that was making local 

17           revenue generation more difficult.  

18                  The Division of Budget says the 

19           economy's direction in the coming months, 

20           quote, "can be characterized as slow but 

21           continuing economic growth at lower inflation 

22           without rapidly rising unemployment."  Does 

23           that really sound like the time to be gutting 

24           a number of school districts and cutting aid 


                                                                   476

 1           from half the districts in the state?  It 

 2           certainly doesn't to me.

 3                  The second point relates to prior-year 

 4           adjustments.  I know this is a wonky, 

 5           esoteric school finance term, but it's 

 6           important.  Bottom line, the state owes 

 7           $305 million to districts across the 

 8           state due to some state aid reconciliations, 

 9           including $132 million to New York City.  

10           When the reconciliations result in the 

11           district owing money to the state, the state 

12           takes it right away.  But when the reverse is 

13           true and the state owes it back to the 

14           districts, it goes into a queue that gets 

15           paid by appropriation.  

16                  This means that the building and 

17           transportation aid forgiveness legislation 

18           that this Legislature has passed in recent 

19           years as a part of the budget has not been 

20           paid to a number of districts because it's 

21           sitting in that queue.  

22                  The Governor's budget for the fourth 

23           year would not have appropriation for this 

24           purpose, which means that under our analysis, 


                                                                   477

 1           districts would be waiting 17 years from 

 2           today -- if this appropriation was 

 3           restored -- to get that money.  And New York 

 4           City would have to wait 19 years.

 5                  We've posted a tool on our website at 

 6           schoolbiz.info that explains the prior-year 

 7           adjustments and when you can expect to 

 8           receive that money if this appropriation is 

 9           restored.  But even more important is fixing 

10           the injustice of how that reconciliation is 

11           treated.

12                  Thank you.

13                  MS. BELOKOPITSKY:  Good evening.  I am 

14           Kyle Belokopitsky, executive director of the 

15           New York State Parent Teacher Association.  

16           And with our president, Helen Hoffman, I am 

17           proud to represent our 225,000 members and 

18           the families of our 2.6 million 

19           schoolchildren.  

20                  Thank you to the chairs, Legislature, 

21           Commissioner Rosa, SED and the Regents, for 

22           your continuing commitment to our children, 

23           families and educators.  Those educators and 

24           schools do incredible things for our children 


                                                                   478

 1           and students each and every day.  And in the 

 2           past years we thanked the Governor here too.

 3                  It is the state's responsibility to 

 4           support our students.  Sadly, this budget 

 5           does not do that.  At a time when our 

 6           children struggle with food insecurity, 

 7           poverty, mental health, academic intervention 

 8           needs, needed support for migrant services, 

 9           students with disabilities, homeless 

10           students, English language learners, this 

11           Executive Budget shockingly cuts.  

12                  This proposal will cause irreparable 

13           harm to some of our most vulnerable students.  

14           It devalues children and the work that 

15           educators do each and every day, and it 

16           raises the possibility of not giving students 

17           the support they need to succeed.  Sadly, we 

18           thought we didn't have to fight for equality, 

19           equity and fair funding anymore for our 

20           schools.  Alas, in looking at the school aid 

21           runs, nothing could be further from the 

22           truth.

23                  And while there are a few things in 

24           that budget we do like -- which you'll find 


                                                                   479

 1           in our written testimony -- we must point out 

 2           that high-needs school districts carry 

 3           50 percent of the share of the cuts.  And the 

 4           cuts to some of our school districts are 

 5           drastic:  Andes, 46 percent.  Putnam, 

 6           48 percent.  Edinburgh, 48 percent.  Port 

 7           Jefferson, 41 percent.  Lawrence, 38 percent.  

 8           Copake-Taconic, 33 percent.  And in some of 

 9           our poorest struggling school districts like 

10           Mount Vernon, they are cut $2.9 million.  

11                  Senator Mayer, you asked previously 

12           what this practically means.  Well, we asked 

13           that question too.  And in my colleagues' 

14           words, from PTA's teachers and school 

15           leaders:  

16                  "We will have to cut our literacy 

17           support."  

18                  "Sadly, arts and music and programs 

19           that aren't mandated."  

20                  "I will have to cut any extra mental 

21           health support we added in past years."  

22                  "We will likely have to cut STEM 

23           programs, as they are costly."  

24                  "Right now we're looking at anything 


                                                                   480

 1           over mandated AIS."  

 2                  "We are cutting extra support for 

 3           students with disabilities over any mandate, 

 4           and some of our SE at work" {ph}.  

 5                  And this last one:  "Our cut is 

 6           40 percent.  Kyle, I can't answer you.  I 

 7           really don't have a solution that doesn't 

 8           truly hurt our entire program.  I don't know 

 9           what to do.  I saw the runs and I cried."  

10                  Every parent in a family has a dream 

11           for their child.  It is our job to help them 

12           be dream-makers, ensuring that every child -- 

13           no matter their zip code, ethnicity, ability, 

14           gender identity or race -- has the 

15           highest-quality 21st-century education to 

16           provide success in college, career or life.  

17           This budget doesn't create those dreams for 

18           those children.  And for that, I am truly 

19           sad.

20                  We thank the Legislature for their 

21           continued commitment to our students, and 

22           know that we all will fight alongside you 

23           each and every day to correct this wrong.  

24           Together, we can support children, raise 


                                                                   481

 1           awareness, and make every child's potential a 

 2           reality.

 3                  Thank you.

 4                  MR. LITTLE:  Friends, I'm Dave Little 

 5           from the Rural Schools Association.  I'm here 

 6           because 305 school districts don't fit in the 

 7           room.

 8                  (Laughter.)

 9                  MR. LITTLE:  I want to harken back to 

10           one of the first things this morning.  

11           Senator Krueger, one of my personal heroes in 

12           the Legislature, had a great comment.  She 

13           said, "Don't begrudge New York City the money 

14           to address the migrant issue, because New 

15           York City is the economic engine that is 

16           largely paying for much of what the state 

17           does in total."

18                  And one of the benefits of having been 

19           around now longer than the Capitol 

20           building -- 

21                  (Laughter.)

22                  MR. LITTLE:  -- is that I remember 

23           when New York City was in fiscal distress and 

24           it was the upstate rural finances that were 


                                                                   482

 1           able to back the bonds that brought them out 

 2           of that distress.

 3                  When we got to the Great Recession, 

 4           you'd think that the State of New York would 

 5           have returned the favor -- and instead, it 

 6           largely turned its back on the second-largest 

 7           outward migration in U.S. history, second 

 8           only to the Dust Bowl of the Depression.

 9                  So for the Governor now to have the 

10           gall to say that those people who are doing 

11           the hard work of staying -- we didn't help 

12           you when your children were being uprooted 

13           from their schools and their friends and your 

14           families had to seek their livelihood 

15           elsewhere.  We didn't help you then, but now 

16           that you've decided to stay, we're going to 

17           give your kids less money to try and pursue 

18           their future in New York State -- is 

19           disingenuous and untoward.

20                  Everybody here has said this is a 

21           normal year with normal deficits and normal 

22           revenues, and we're treating it like the 

23           crisis with the Gap Elimination Adjustment 

24           when we started taking money back from 


                                                                   483

 1           schools.  I don't understand the rationale 

 2           behind it unless it's political, unless this 

 3           is to get you to encourage negotiations on 

 4           housing that she was unsuccessful in 

 5           negotiating -- or to merely keep my 

 6           colleagues and I from calling for rational 

 7           revisions to the formula like student mental 

 8           health, including that in the formula, or 

 9           eliminating the artificial floor for poverty 

10           now that we have such dramatically increased 

11           poverty in the future.  

12                  We have legitimate things that we 

13           would otherwise be talking about that we're 

14           now forced to simply try and save 

15           save-harmless and the inflationary figure 

16           that were part of your accomplishment.  And 

17           the Governor has now taken the very first 

18           opportunity after the Court of Appeals said 

19           you've done your work, you've finished full 

20           funding of the Foundation Aid formula, it's 

21           okay to drop the lawsuit, and she took the 

22           first opportunity to deconstruct this 

23           singular accomplishment of the Legislature.  

24                  I would ask only what you folks have 


                                                                   484

 1           always done, which is fix this.  Fix it going 

 2           forward.  Give our kids all across the state 

 3           the opportunity for the future to remain in 

 4           this state.

 5                  Thanks, folks.  

 6                  ASSEMBLYMAN BENEDETTO:  Thank you very 

 7           much for all your testimony.  It was 

 8           certainly appreciated.  We understand your 

 9           concerns.  It has not fallen on deaf ears.

10                  One question.  Mr. Cechnicki, you're 

11           the School Business Officials person, huh?  

12           Tell me, what are the qualifications for 

13           that?  I mean, is there a title, I'm going to 

14           go to school for this and become a --

15                  MR. CECHNICKI:  No, that's a great 

16           question.  So there's really two pathways to 

17           become a school business official.  There is 

18           a civil service process based on local county 

19           civil service exams, so each county has 

20           qualifications for those.

21                  There's also a certification process 

22           that is created by the state, implemented 

23           through higher education programs, so there's 

24           a number of colleges around the area.  


                                                                   485

 1           Earlier there was some conversation about 

 2           Saint Rose; they were a prominent provider 

 3           for these certifications.

 4                  So many different avenues for folks to 

 5           come in.  We have people that come out of 

 6           finance, we have a couple of people who have 

 7           moved from Wall Street into school districts.  

 8           We have some people who have come right out 

 9           of high school and decided this is what they 

10           want to do.

11                  Oftentimes they're doing other similar 

12           work, whether it's in accounting or maybe in 

13           other operational-type things, and they just 

14           sort of fall into the opportunity to work in 

15           a school.  So it's really a patchwork of 

16           taking civil service exams or going through 

17           the cert process.

18                  ASSEMBLYMAN BENEDETTO:  So let's 

19           assume the vast majority of these business 

20           officials are wonderfully qualified, okay.  

21           Some may come into your job in a particular 

22           school district because they might be a 

23           friend of somebody; is that possible?

24                  MR. CECHNICKI:  Well, I mean, between 


                                                                   486

 1           the -- certainly through the civil service 

 2           process, you know, they're going through --

 3                  ASSEMBLYMAN BENEDETTO:  Obviously not 

 4           that.

 5                  MR. CECHNICKI:  And to the extent 

 6           that, you know, folks are certified, they've 

 7           gone through, you know, that whole process 

 8           of, you know -- 

 9                  ASSEMBLYMAN BENEDETTO:  I'm sure of 

10           that.  But to get the job in the first place, 

11           do they have to have these -- this 

12           certification?

13                  MR. CECHNICKI:  It's one or the other.  

14           Either you get hired through the civil 

15           service process or districts do opt to 

16           hire --

17                  ASSEMBLYMAN BENEDETTO:  So they have 

18           to have some sort of a diploma, we'll call 

19           it.

20                  MR. CECHNICKI:  Yes.  Yeah, right, of 

21           some type.

22                  ASSEMBLYMAN BENEDETTO:  Thank you very 

23           much.

24                  CHAIRWOMAN KRUEGER:  Thank you.  


                                                                   487

 1                  Senator Shelley Mayer.

 2                  SENATOR MAYER:  Thank you all, and 

 3           appreciate the passion you bring to it.

 4                  You know, there are two issues that we 

 5           really have not addressed fully today that 

 6           have been used in this conversation.  One is 

 7           the enrollment decline, which Brian, you 

 8           addressed.  And the data I see shows the 

 9           state has had, over a period since 2017 to 

10           2023, about a decline of 200,000 students, 

11           very gradually each year.  Nothing 

12           remarkable.  And in fact the New York City 

13           chancellor told us they have an increase in 

14           enrollment, and I know some other districts 

15           do as well.  

16                  And the other issue you've heard is 

17           about reserves.  Some reserves, over 

18           4 percent.  

19                  So, one, I wish you could address -- 

20           one, I would just say with respect to 

21           enrollment decline, has there been any 

22           conversation with the executive about sort of 

23           how long-term to address enrollment decline?  

24           Which is a national problem and is not unique 


                                                                   488

 1           to New York at all and was exacerbated by 

 2           COVID, unquestionably.

 3                  Has there been any conversation about 

 4           how we address the need for consolidation or 

 5           other kinds of efforts to change schools with 

 6           a substantially declining enrollment?

 7                  And I don't want to use up all my 

 8           time, so speak fast, please.

 9                  MR. LITTLE:  I'll step up on the 

10           soapbox just because it's a personal thing 

11           with me.

12                  SENATOR MAYER:  I know.

13                  MR. LITTLE:  I went to a regional high 

14           school 50 years ago.  Regional high schools 

15           in every state around us exist.  They're 

16           successful.  They outperform us, quite 

17           honestly.  

18                  And the fact of the matter is that you 

19           don't have to go any farther than 30 miles -- 

20           it was a brilliant strategy, to put either a 

21           community college or a SUNY school within 

22           30 miles of everybody in New York State.

23                  And the regional high schools that I 

24           went to are run -- were run by Illinois State 


                                                                   489

 1           University, which was a teacher's college, 

 2           and UConn.  Okay?  

 3                  We have a dearth of enrollment at our 

 4           SUNY campuses and community colleges.  They 

 5           need students.  We need regional high schools 

 6           to provide rural students in particular the 

 7           educational opportunities that are 

 8           provided -- no pun intended -- as a matter of 

 9           course to our urban and suburban students.  

10                  And so we have a BOCES system that is 

11           primed to operate regionally.  We have 

12           facilities that are waiting to be used, and 

13           yet we somehow haven't gotten together in a 

14           way that pulls this off, and we try and 

15           cobble together a system of how to pay -- 

16           somehow figure out how to still have a 

17           4th grade with eight students in it that 

18           maybe used to have 29 students in it, but 

19           you've still got to have 4th grade.

20                  SENATOR MAYER:  Understood.

21                  Okay, I didn't get my reserves 

22           question, but someone else can maybe ask 

23           that.  Thank you.

24                  CHAIRWOMAN KRUEGER:  Thank you.


                                                                   490

 1                  Assembly.

 2                  ASSEMBLYMAN BENEDETTO:  Ranker Smith.

 3                  ASSEMBLYMAN SMITH:  Thank you.

 4                  Proud to be a PTA member, so thank 

 5           you, Kyle, for everything you do.  I'm happy 

 6           to be represented.

 7                  But today I'm really interested that 

 8           you're here, Brian, with respect to the 

 9           school business officials, because these are 

10           the folks that I've been on the phone with 

11           for the last several days.  They are 

12           literally freaking out because -- and I'm 

13           looking at, on the State Education Department 

14           website, April 30th to May 7th school 

15           districts have to have their budgets 

16           available for the public.  They have to have 

17           a budget hearing between May 7th and 

18           May 14th, and a budget vote on May 21st.  

19           That's statewide.

20                  Assuming, you know, our state budget's 

21           on time, which that's a large assumption to 

22           make, that would mean that April 1st we would 

23           have the enacted school aid runs.  Which it 

24           could be two weeks after that.  It could be 


                                                                   491

 1           three weeks after that.  We don't really 

 2           know.

 3                  How are school districts planning?  

 4           Because right now, I've got to be honest, all 

 5           of us in the Legislature are telling our 

 6           schools, Remain calm.  But that is not a 

 7           budget figure that they can plan on, and the 

 8           school districts that you're dealing with 

 9           that you represent are looking at massive 

10           cuts.  That's not even -- you know, it's one 

11           thing if they knew flat funding or one thing 

12           if they said, okay, you know, maybe a 

13           3 percent increase or a 2 percent increase 

14           and maybe we only got a 1 percent increase.  

15                  But these figures, you know, they're 

16           asking, Are we wasting our time or should we 

17           start, you know, closing buildings, firing 

18           people.  Hundreds of teachers in my district 

19           are looking -- may have to look for other 

20           work if this --

21                  MR. CECHNICKI:  No, absolutely.  In 

22           fact, I wish I had teed this question up to 

23           you.  We actually just yesterday had a 

24           webinar with about a hundred members across 


                                                                   492

 1           the state on this topic.  And we have a lot 

 2           of business officials who were not around 

 3           during the GEA and the Great Recession, so 

 4           this is really the first time they're dealing 

 5           with that.

 6                  So we had that panel of some veteran 

 7           folks, and really the conversation has been, 

 8           especially for districts with a large cut, 

 9           you gotta plan for both, right?  You have to 

10           plan that that money's not coming back -- 

11           despite all your best efforts, right -- from 

12           a budget standpoint, because there is really 

13           going to be not enough time.  And especially 

14           if they're going to have to look at laying 

15           off folks; those layoff notices are going to 

16           be coming right around the time that you're 

17           passing this budget.  

18                  So everybody's looking at this 

19           differently, but we've been, you know, 

20           telling people really plan that this is 

21           happening.  It may not, but you can't go into 

22           April in your final budget process thinking 

23           that this money is going to come back if it 

24           doesn't.


                                                                   493

 1                  ASSEMBLYMAN SMITH:  And by the way, 

 2           that entails a lot.  And I wish I had more 

 3           time to ask our teacher union representatives 

 4           that were here.  But I know there will be 

 5           conversations -- I don't want to speak about 

 6           different conversations that I've heard of or 

 7           been made privy to.  But you're talking about 

 8           bargaining units that your school districts 

 9           represent, perhaps being asked to open up 

10           contracts that maybe their members thought 

11           were settled for many years in the future.  

12           Things of that nature.

13                  Closing a school district.  Typically 

14           it would take two years.  I have a school 

15           district nearby me that is looking to rush -- 

16           and even with that they're looking at an 

17           $8 million shortfall proposed here -- to 

18           close the school.  Which again, to do it in a 

19           relatively short period of time will only 

20           save a million dollars.  That's still 

21           7 million more that they have to account for.  

22                  So thank you for your work.

23                  CHAIRWOMAN KRUEGER:  Thank you.

24                  Senator O'Mara, I believe you had your 


                                                                   494

 1           name on the list.

 2                  SENATOR O'MARA:  Yes, I did.  Thank 

 3           you.  

 4                  Good evening.  Thank you all for your 

 5           testimony.  I think I'm in complete agreement 

 6           with everything everybody said.

 7                  Following up on Senator Mayer's 

 8           question that didn't get answered -- time ran 

 9           out -- the reserves.  And reserves in excess 

10           of 4 percent.  What feedback have you gotten 

11           from the Executive on that, or what's your 

12           response to that?  And there's different 

13           reserve funds.  Is she talking about reserves 

14           that may be designated for particular 

15           purposes, or is she talking about just 

16           general reserve that got's a 4 percent thrust 

17           on it?

18                  What do you have to say about the 

19           reserve issue?

20                  MR. LOWRY:  Personally I've only read 

21           the Governor's comments, comments from the 

22           Budget Director today.  They appear to be 

23           rolling up both restricted and unrestricted 

24           reserves.  There is a limit on unrestricted 


                                                                   495

 1           reserves for school districts of 4 percent.

 2                  We point out municipalities have no 

 3           percentage limit.  Independent authorities 

 4           would suggest something anywhere between 5 

 5           and 10 percent.  Back in December the state 

 6           comptroller, Tom DiNapoli, speaking to a 

 7           Western New York newspaper, said he would not 

 8           object if the Legislature raised it to 

 9           something like 6 percent.

10                  Part of my observations, it feels like 

11           4 percent is a relic from a time when state 

12           and school district finances were a lot more 

13           stable and predictable than they have become.  

14           So that's one issue.  

15                  Another point:  School districts look 

16           to build reserves for the same reason the 

17           Governor is doing it.  And I credit her for 

18           doing that.  We are very dependent as a state 

19           on volatile revenues, and that means that 

20           school aid is dependent on those volatile 

21           revenues.  

22                  But the superintendents and business 

23           officials and boards look to build reserves 

24           to deal with things like unpredictable cuts 


                                                                   496

 1           in state aid.  And all districts right now 

 2           are dealing with a known fact, that the 

 3           federal COVID relief assistance is ending.  

 4           It has to be fully committed early next year.

 5                  SENATOR O'MARA:  Thank you.  

 6                  And, you know, I have a general 

 7           understanding of accounting, and I know that 

 8           general accounting principles say it's good 

 9           practice to have reserves -- whether it's 

10           government or whether it's private industry, 

11           to have that. 

12                  Just quickly, I raised an issue 

13           earlier today that a bunch of my 

14           superintendents are raising, and that is 

15           impending significant increases in health 

16           insurance costs.  What are you seeing as far 

17           as anybody out there negotiating yet?  I 

18           mean, I'm hearing 20 to 40 percent.

19                  MR. WHITE:  I can address some of 

20           that, because BOCES do run health insurance 

21           consortiums, and it's regionally dependent in 

22           a lot of cases, Senator, I think as you know.

23                  Certainly there are concerns with 

24           that, though.  We are -- health insurance 


                                                                   497

 1           consortiums tend to beat the so-called state 

 2           average for -- but those state averages are 

 3           going up, and they're getting well into the 

 4           double digits.  It's a concern, certainly, 

 5           and it is one thing that school districts are 

 6           struggling with and we're trying to track and 

 7           find solutions for.

 8                  CHAIRWOMAN KRUEGER:  Thank you.

 9                  Sorry, I have to cut you off.

10                  MR. WHITE:  That's okay.  Sorry.

11                  CHAIRWOMAN KRUEGER:  Assembly.

12                  ASSEMBLYMAN BENEDETTO:  Ms. Walsh.

13                  ASSEMBLYWOMAN WALSH:  Thank you very 

14           much.

15                  So briefly, the zero-emissions school 

16           bus mandate, what are you hearing from the 

17           groups that you represent?  I mean, 

18           personally I think that 2027 is completely 

19           unachievable.  I think that it is a 

20           budget-buster for any school districts that 

21           are putting that out.  

22                  I'd love to hear your thoughts and 

23           what you're hearing, because we have a bill 

24           that one of our colleagues is introducing or 


                                                                   498

 1           has introduced to roll it back for the next 

 2           10 years, to align it with the state and 

 3           their mandate.  Because our feeling is why 

 4           should the schools have to go first.  

 5                  But I'd like to give you some time to 

 6           talk about this issue.

 7                  MR. LITTLE:  Yeah, I just wanted to 

 8           jump in first because the Rural Schools 

 9           Association did a dozen rural-issues forums 

10           across the state, and this, behind student 

11           mental health, was the highest concern that 

12           was expressed -- not only by the school 

13           districts but we had people from all of the 

14           community coming to these, including people 

15           that run the grid.

16                  And we had testimony in multiple 

17           locations that said:  Quit worrying about how 

18           much it's going to be to put in charging 

19           stations and whether or not the buses can 

20           actually do these runs in the winter up the 

21           mountains and get back there -- I can't get 

22           you the power.  We recharge the grid at 

23           night, and I don't have the capacity to do 

24           that right now, to get school buses all 


                                                                   499

 1           charged up overnight.  

 2                  So we obviously -- this is 

 3           aspirational and we need to recognize that 

 4           it's that.  Certainly when you have school 

 5           districts that raise $72,000 under a tax cap 

 6           each year, you can't say that they've got to 

 7           buy half-a-million-dollar buses.  Right?  

 8                  We've got to figure out some form of 

 9           reimbursement, some form of grant proposal 

10           other than, hey, the federal government, you 

11           can apply to them.  Because we've got -- in 

12           rural schools, we've got superintendents 

13           driving those buses.  There aren't grant 

14           writers sitting there waiting to take federal 

15           money in on this, on the off chance that 

16           it'll offset these first initial costs.  

17                  You're talking about a permanent 

18           program for these school districts.  If the 

19           state is going to pursue it, it needs to 

20           treat it like that.  And very little guidance 

21           has been provided thus far about how school 

22           districts can count on sustained funding.

23                  Again, I was the Senate's local 

24           government and home rule counsel when we 


                                                                   500

 1           mandated that everyone had to cover their 

 2           municipal water supplies.  And 

 3           municipalities, many of them did, and they're 

 4           still paying on bonds despite the fact that 

 5           the mandate doesn't exist anymore.  Their 

 6           people have lost money on that, based on 

 7           that.

 8                  We need more structure and we need 

 9           more certainty than that with this issue.

10                  ASSEMBLYWOMAN WALSH:  Thank you very 

11           much.

12                  Anybody else?  I've got 14 seconds.

13                  MR. CECHNICKI:  I would just add it's 

14           a state guidance piece.  Our members are 

15           ready to do the work to figure this out.  A 

16           lot of answers that we were expecting to come 

17           from state agencies are not there.  

18                  And it's often "Go talk to your 

19           utility."  Right?  Do we want 700 districts 

20           talking to the utility companies?  The state 

21           really should be stepping in and doing that.

22                  ASSEMBLYWOMAN WALSH:  Thank you.

23                  CHAIRWOMAN KRUEGER:  Senator Jackson 

24           for a question.


                                                                   501

 1                  SENATOR JACKSON:  Well, first let me 

 2           thank you all for coming and testifying and 

 3           giving me perspectives about some of the 

 4           districts that you represent.  I live in 

 5           New York City, for my entire life.  

 6                  But my question is if you sat and 

 7           listened to the testimony like we have, and 

 8           you may have heard some of it --

 9                  MALE PANELIST:  All.

10                  SENATOR JACKSON:  All of it.  

11                  Do you feel that we have to organize 

12           and you have to communicate with your 

13           membership in order to communicate with their 

14           elected representatives?  Because I would 

15           assume that they know, but, you know, we have 

16           to be able to just really quickly organize 

17           them in order for our collective pressure -- 

18           one from the Legislature, others from the 

19           constituents and the providers.

20                  It's so important that we do this.  

21           And so I just want to know, and I guess have 

22           a commitment that you're going to be reaching 

23           out to all of the people and leaders that 

24           you're dealing with so that we can get this 


                                                                   502

 1           money restored, so that our children -- and 

 2           people don't have to be laid off and even 

 3           thinking about they're going to lose their 

 4           jobs.

 5                  MR. LOWRY:  First of all, I'd say all 

 6           of us email, converse every day, text message 

 7           among ourselves.  Yesterday I spoke to over a 

 8           hundred Long Island superintendents.  In 

 9           about 18 hours I'm supposed to be in Buffalo, 

10           talking to another sixty or so.  

11                  And what we have stressed is -- first 

12           of all, a lot of superintendents and business 

13           officials, they're new.  If their experience 

14           is limited to the last two or three years, we 

15           assure them, that's not typical.  What we're 

16           doing now is more like the normal routine.

17                  It's early.  A year ago we didn't 

18           receive the Governor's budget until this 

19           date, February 1st.  

20                  But you do have to advocate.  You 

21           know, you have been -- you and your 

22           colleagues have been encouraging in weeks 

23           past leading up to this, but we have stressed 

24           to them:  You do need to follow through, you 


                                                                   503

 1           do need to advocate on this, and that is 

 2           not -- you know, that is not out of the 

 3           ordinary.  It's part of your job as a 

 4           superintendent or a school district leader.

 5                  MS. BELOKOPITSKY:  Thanks.  And I'll 

 6           add I vow to you that we will let each of our 

 7           225,000 parent and family and educator 

 8           members know that it is now their job to call 

 9           Governor Hochul's office and to email her 

10           office and to tell her that this is 

11           unacceptable and that we must support our 

12           children.

13                  And we next week will be activating 

14           our email alert system on this issue.  So I 

15           apologize to you all, because you will be 

16           getting those emails too.  But we will make 

17           sure that our members know that you are 

18           supportive of our proposal.

19                  We are having two advocacy days 

20           scheduled here with our members.  We are also 

21           having all of our members meet locally with 

22           their legislators and gubernatorial offices.

23                  SENATOR JACKSON:  Thank you.

24                  MR. FESSLER:  One quick thing I'll 


                                                                   504

 1           say.  You know, usually we're spending time 

 2           the first week or two after budget digesting, 

 3           informing members.  This year, I think for me 

 4           it was the opposite.  You know, 

 5           instantaneously school board members calling, 

 6           emailing, before I could finish kind of 

 7           summaries and analysis for the entire 

 8           membership.  So I think that shows the 

 9           engagement so far.  

10                  Thanks.

11                  CHAIRWOMAN KRUEGER:  I think I'm the 

12           last Senator.

13                  I want to thank you all.  I appreciate 

14           the comments.  I think really my point 

15           earlier today was we represent the entire 

16           State of New York.  The Legislature believes, 

17           whoever's elected us, we represent 

18           19.5 million New Yorkers, and we sink or swim 

19           together or apart.  We have to be together.

20                  I appreciate all of your work.  All 

21           during the day we kept hearing, and including 

22           some of you, that the numbers the Governor 

23           gave us or in their runs, et cetera, aren't 

24           consistent with what you believe and know to 


                                                                   505

 1           be the math for your specialty area or your 

 2           district.

 3                  It would be very helpful to get us 

 4           more information, because we want to hold 

 5           those numbers up against the Governor's 

 6           numbers and say, Prove that the people on the 

 7           ground are wrong.  Because I think those 

 8           numbers are wrong.  But having the data is 

 9           very valuable.

10                  So in any way that you can format it 

11           that will be helpful to us, that will be 

12           valuable.  Yes, of course, have everyone in 

13           the world call and yell at us, we get it.  

14           But actually having data that we can use in 

15           negotiations with the Governor would be 

16           exceptionally valuable.  So thank you very 

17           much all for being here.

18                  MR. CECHNICKI:  I would point you to 

19           schoolbiz.info.  We've got a bunch of stuff 

20           out there already for you, easy to get to.

21                  CHAIRWOMAN KRUEGER:  Okay.  Thank you.

22                  Assembly.

23                  ASSEMBLYMAN BENEDETTO:  Panel, thank 

24           you very much for being here all day.  I 


                                                                   506

 1           think many of you are and have been.  

 2           Hopefully, go home and go to sleep.  Okay?  

 3           Thank you very much.

 4                  Panel E, the No. 7 group coming up 

 5           today:  The New York Library Association; the 

 6           New York State Association for Computers and 

 7           Technologies in Education; the New York 

 8           School Bus Contractors Association; the 

 9           New York Association for Pupil 

10           Transportation; the Healthy School Meals for 

11           All New York Kids Coalition; and the New York 

12           Schools Nutrition Organization.  

13                  (Pause.)

14                  ASSEMBLYMAN BENEDETTO:  Welcome.  And 

15           I'm sure your testimony is going to be fine, 

16           so let's not waste any time.  Is it going to 

17           be -- are you Maxwell?  

18                  MR. PRIME:  Yes, I am.  

19                  ASSEMBLYMAN BENEDETTO:  Maxwell Prime?  

20           Maxwell Prime -- it almost sounds like an 

21           actor's name.  

22                  (Laughter.) 

23                  MR. PRIME:  Appreciate that, sir.  

24                  (Laughter.) 


                                                                   507

 1                  ASSEMBLYMAN BENEDETTO:  Maxwell, go 

 2           right ahead.  

 3                  MR. PRIME:  All right.  Well, I have 

 4           the privilege of serving the New York Library 

 5           Association as their director of government 

 6           relations and advocacy.  Thank you for 

 7           providing me with the opportunity to testify 

 8           on behalf of our state's libraries, library 

 9           systems, and the more than 10 million 

10           New Yorkers who hold library cards.  

11                  I begin by acknowledging the 

12           relatively favorable position of library 

13           funding in this year's Executive Budget, with 

14           a proposal that includes 102.1 million for 

15           State Library Aid, 34 million for Library 

16           Construction Aid, and a new allocation of 

17           $3 million for NOVELny.  

18                  While New York's library community is 

19           grateful to the Legislature and to 

20           Governor Hochul for recognizing the need for 

21           library investment, these allocations remain 

22           insufficient.  Even with the Executive's 

23           proposed $2.5 million increase, Library Aid 

24           would still fall $2.5 million short of what's 


                                                                   508

 1           statutory under Education Law.  Meanwhile, 

 2           flat funding for Construction Aid constitutes 

 3           just 1.9 percent of estimated statewide need.  

 4                  Our libraries and library systems are 

 5           vital institutions, foundational in lifelong 

 6           learning.  They advance literacy, promote 

 7           equity in education, and bridge gaps in 

 8           access to critical resources.  With adequate 

 9           funding, our libraries can innovate and 

10           develop ways to serve the rapidly evolving 

11           needs of their patrons.  But without it, 

12           they'll struggle to even maintain the core 

13           services that they already perform.  

14                  As such, NYLA requests $147.1 million 

15           for State Library Aid, 69.4 million for 

16           Construction Aid, $11 per pupil for 

17           Library Materials Aid, and we support the 

18           $3 million for NOVELny.  The State Library 

19           Aid program is the primary source of funding 

20           for New York's library systems, which provide 

21           shared services and resources to each library 

22           in New York.  Their efforts ensure that every 

23           community and every New Yorker has access to 

24           quality library materials and services.  


                                                                   509

 1                  Unfortunately, three decades of 

 2           sustained underfunding has stretched system 

 3           resources as far as can be expected without 

 4           breaking.  Substantially greater investment 

 5           is required if they are to maintain current 

 6           services despite soaring operational costs 

 7           and emerging community needs.  

 8                  NYLA requests, as I said, 69.4 million 

 9           for Library Construction Aid.  Years of flat 

10           funding have rendered the program stagnant, 

11           and with each successive year this case just 

12           gets worse and worse.  The Division of 

13           Library Development estimates the current 

14           need at 1.75 billion, with over half of 

15           New York's libraries over 60 years old.  

16                  For Library Materials Aid, currently 

17           school districts are only eligible to receive 

18           up to $6.25 per pupil, and that level has 

19           remained flat for 17 years.  District costs 

20           have gone up, and the average cost of a 

21           hardcover book is $26.25.  That is not 

22           sufficient if we are to comply with the 

23           literacy initiative that we're looking at and 

24           to actually serve student needs.  


                                                                   510

 1                  We also request $3 million for NOVELny 

 2           that was included in the Executive Budget.  

 3           NYLA supports the Executive proposal for the 

 4           continuation because, without action, the 

 5           funds to operate these essential e-resources 

 6           programs will lapse on June 30th of this 

 7           year, and that would constitute a substantial 

 8           blow to digital and educational equity in our 

 9           state.  

10                  On behalf of New York's library 

11           community, I thank you and implore the 

12           Legislature to invest in our state's 

13           libraries so that your constituents, our 

14           patrons, and our communities can thrive.  

15                  ASSEMBLYMAN BENEDETTO:  Thank you.  

16                  DR. DELCORVO:  Good afternoon, ladies 

17           and gentlemen of the Legislature.  Thank you 

18           for the opportunity to testify today.  

19                  My name is Dr. Amy DelCorvo, and I'm 

20           the chief executive officer and executive 

21           director for the New York State Association 

22           for Computers and Technologies in Education, 

23           NYSCATE.  

24                  NYSCATE is a nonprofit professional 


                                                                   511

 1           organization representing educators and 

 2           administrators.  We work with countless 

 3           organizations statewide and nationally to 

 4           enhance education through the appropriate use 

 5           of technologies, primarily through 

 6           professional development.  

 7                  It has been such a pleasure meeting 

 8           with many of your staff members and 

 9           yourselves over the past year since our last 

10           testimony.  The dedication to our profession 

11           is admirable, and we are here to ask that it 

12           continue.  

13                  So why exactly are we here today?  

14           NYSCATE had the opportunity to utilize 

15           one-time federal CARES Act funding and 

16           partnered with NYSED to offer professional 

17           development courses online to all teachers in 

18           New York at no cost.  Courses were developed 

19           and facilitated by practicing educators, 

20           aligned with state standards, with an 

21           expectation of quality that reflected an 

22           understanding of New York's regional 

23           variations and needs.  Courses were made 

24           available to all educators, again at no cost, 


                                                                   512

 1           through an online learning management system.  

 2                  Each course ranged from three to 

 3           18 credit hours.  They were all eligible for 

 4           CTLE credit, which is required by every 

 5           teacher to maintain their professional 

 6           certification.  In addition, all courses were 

 7           written in multiple languages, adhering to 

 8           the New York State PD standards and guiding 

 9           principles of CTLE.  

10                  Since the program conclusion there 

11           have been thousands of educator requests to 

12           continue to access the courses, as well as an 

13           expansion of courses to include updated 

14           initiatives such as literacy, assisted and 

15           adaptive learning technologies, civic 

16           engagement, ELL and MLL.  

17                  Teachers are struggling.  This ask is 

18           to allow teachers to enhance their skills, 

19           build professional networks, and meet their 

20           professional certification requirements at no 

21           cost when and where it is convenient for 

22           them.  A small example of this:  Every 

23           teacher needs to have a total of 15 credit 

24           hours in MLL or ELL.  This is a way for them 


                                                                   513

 1           to maintain it, get it at no cost -- again, 

 2           when they can do it.  

 3                  Although our is less than $2 million, 

 4           which is I know a fraction of what many of my 

 5           colleagues are asking for, the impact is 

 6           great.  By putting this in the one-house 

 7           budgets and ultimately the enacted budget for 

 8           program continuation, the impact will be felt 

 9           across the entire state in every district and 

10           in every city that you all represent.  

11                  As my colleagues from UFT and NYSUT 

12           stated earlier, teachers do and will take 

13           advantage of PD.  We've proved this.  Let's 

14           empower all teachers with the professional 

15           development they need, when they need it, all 

16           developed by New York State educators for 

17           New York State educators.  

18                  Let's maximize our state dollars.  

19           We've heard what a struggle it is today 

20           across the board.  This is a reasonable ask 

21           with a longstanding, huge impact.  

22                  Thank you.  

23                  ASSEMBLYMAN BENEDETTO:  Tom?  

24                  MR. SMITH:  All right, good evening.  


                                                                   514

 1           My name is Thomas Smith.  I'm the president 

 2           of the New York School Bus Contractors 

 3           Association and the chief operating officer 

 4           of Suffolk Transportation Service, based in 

 5           Suffolk County, New York.  

 6                  I'm here today proudly representing 

 7           the New York School Bus Contractors 

 8           Association.  We are an organization 

 9           comprising 200 contractor members that 

10           provide safe, reliable, and cost-effective 

11           student transportation services to 85 percent 

12           of the school districts in New York.  In 

13           addition, school bus contractors employ 

14           50,000 people with good-paying union jobs 

15           with benefits, and operate roughly 30,000 

16           school vehicles in New York State.   

17                  I want to thank all the members of the 

18           Joint Committee on Education for affording 

19           the New York School Bus Contractors 

20           Association the opportunity to present an 

21           overview of our '24-'25 budget 

22           recommendations.  

23                  We appreciate the positive working 

24           relationships we have with the Legislature, 


                                                                   515

 1           the Governor, the school districts we serve, 

 2           and the over 45,000 professionals who work to 

 3           make sure our students are provided a safe 

 4           ride to and from school each and every day.  

 5                  School buses are and have always been 

 6           the safest way for children to travel to and 

 7           from school.  New York State is well on its 

 8           way in transforming the school transportation 

 9           sector, requiring all school buses purchased 

10           after 2027 to run on electricity and 

11           replacing all 50,000 diesel-fueled or 

12           gas buses in the state with electric vehicles 

13           by 2035.  

14                  As many of you know, our members are 

15           at the forefront of that movement running 

16           electric school buses throughout the state, 

17           and have worked closely with NYSERDA on the 

18           zero-emissions roadmap.  In addition, my 

19           company, Suffolk Transportation in Bay Shore, 

20           New York, is currently running 11 electric 

21           school buses, so I would be more than happy 

22           to answer any questions in relation to the 

23           operation of these vehicles.  

24                  Despite the significant advantages of 


                                                                   516

 1           electric school buses, the up-front purchase 

 2           price has emerged to be the greatest 

 3           obstacle, along with infrastructure 

 4           challenges.  These electric buses can cost 

 5           three times or even greater compared to a 

 6           traditional diesel school bus.  Fleet 

 7           operators often just can't afford the 

 8           up-front costs, even with grants and other 

 9           subsidies.  

10                  In addition, we are learning that the 

11           different available grants are not likely 

12           stackable.  And while the trend is clear -- 

13           electric vehicles continually get cheaper -- 

14           the funding gap for now remains too great for 

15           many, and parity is not certain.  

16                  One creative way to speed up the 

17           conversion is by eliminating the sales tax 

18           associated with the purchase of new electric 

19           school buses and parts.  On average, more 

20           than $8,000 of sales tax is charged for each 

21           new diesel school bus that is on the road.  

22           The costs associated with this tax, as well 

23           as the taxes on school bus parts and fuel, is 

24           passed along from the transportation 


                                                                   517

 1           providers to school districts.  

 2                  School districts, funded by both local 

 3           property taxpayers and New York State itself, 

 4           are bearing the cost of funding its own tax.  

 5           NYSBCA members -- 

 6                  (Time clock chiming.)

 7                  MR. SMITH:  Thank you.  

 8                  MR. CHRISTOPHER:  I'd like to thank 

 9           the chairs and the members for allowing us to 

10           speak today.  My name is David Christopher, 

11           and I'm the executive director of the 

12           New York Association for Pupil 

13           Transportation.  

14                  First I'd like to add a few words in 

15           support of the associations and the folks who 

16           have talked today about the save-harmless 

17           state aid provision.  That's not in my 

18           written testimony; however, it's certainly 

19           important.  

20                  We fully support restoration of the 

21           save-harmless provision and ask the 

22           Legislature to reinstate this funding in the 

23           state budget to avoid drastic budget cuts 

24           that will impact our school districts and 


                                                                   518

 1           students, and particularly school 

 2           transportation services.  

 3                  I was around when GEA happened, and I 

 4           saw what happened to school transportation 

 5           operations.  And in this time the industry is 

 6           experiencing a severe bus driver shortage, 

 7           and the mandated electric bus transition 

 8           budget cuts to transportation departments 

 9           will be devastating.  

10                  Next, I'd like to speak to the school 

11           bus driver shortage problem.  We're very 

12           disappointed to see the Executive Budget did 

13           not renew the state retirement earnings cap 

14           waiver, which allows state retirees to 

15           continue working in the public sector once 

16           they have earned over $35,000.  This waiver 

17           is currently in place and due to expire in 

18           June.  The waiver is important to school 

19           districts to retain school bus drivers and to 

20           attract new retirees to the job.  We ask for 

21           legislative support to reinstate that waiver.  

22                  Next I'd like to share some thoughts 

23           on the zero-emissions bus transition.  The 

24           industry continues to be very concerned about 


                                                                   519

 1           the mandated dates of implementation, and we 

 2           hope the mandated dates will be revisited.  

 3                  To assist the industry in 

 4           transitioning, we recommend the following.  

 5                  First, we fully support the 

 6           Executive Budget proposal to enhance state 

 7           aid where grants and vouchers are awarded for 

 8           zero-emission vehicles and equipment.  We ask 

 9           the Legislature to support this as well.  

10                  We continue to recommend formal pilot 

11           programs to be established and sufficiently 

12           funded to provide useful long-term 

13           operational and cost data to the industry, to 

14           provide a model for all schools to make this 

15           transition in the future in a planned-out and 

16           cost-effective manner.  

17                  We recommend the state provide state 

18           aid funding for engineering transition 

19           studies to school districts that are not 

20           eligible for grant funding.  And we support 

21           the proposed funding to SED to provide 

22           additional staffing to approve infrastructure 

23           permits in a timely manner.  

24                  Lastly, we recommend that the state 


                                                                   520

 1           revisit the 12-year state aid payment term 

 2           for state aid on electric bus purchases and 

 3           leases, and align the payment term with the 

 4           useful life of a bus.  The 12-year 

 5           reimbursement is a disincentive to transition 

 6           our bus fleets.  

 7                  Thank you for the opportunity to share 

 8           these thoughts and recommendations, and I'll 

 9           be glad to answer any questions you might 

10           have.  

11                  MS. PINO-GOODSPEED:  Good evening, and 

12           thank you for the opportunity to testify.  

13                  I'm here today on behalf of the 

14           Healthy School Meals for All New York Kids 

15           Coalition, representing over 285 

16           organizations that remain steadfast in our 

17           advocacy for statewide school meals at no 

18           cost.  

19                  Thanks to the leadership of this 

20           Legislature, New York has taken a historic 

21           step towards expanding free school meals.  

22           Last year's investment delivered immediate 

23           and necessary relief to over 347,000 students 

24           who newly gained access to free school meals 


                                                                   521

 1           this school year.  We're grateful to 

 2           Governor Hochul for allocating 145.6 million 

 3           to sustain this funding for this expansion in 

 4           her Executive Budget.  

 5                  Still, this falls short of a true 

 6           statewide Healthy School Meals for All 

 7           policy.  More than 320,000 students across 

 8           660 schools were excluded from last year's 

 9           expansion.  Those left behind primarily are 

10           in areas of high cost of living, like on 

11           Long Island and in the Hudson Valley, where 

12           families are struggling but schools cannot 

13           meet the strict eligibility criteria of the 

14           new state subsidy.  

15                  In some school districts only one or 

16           two schools -- but not all -- qualify.  So 

17           children in the same neighborhood or even in 

18           the same household may not share the same 

19           access to school meals.  This creates an 

20           inequitable and confusing dynamic for school 

21           communities.  

22                  There's a perception that the 

23           remaining families and schools are affluent 

24           and do not need this state investment.  The 


                                                                   522

 1           reality is that in the schools left behind, a 

 2           family of four earning just $56,000 a year -- 

 3           far below a living wage in New York State -- 

 4           is over-income for free school meals.  And we 

 5           know that hunger exists in every community.  

 6                  Means-testing children for access to 

 7           meals is a broken system that perpetuates 

 8           stigma and leaves kids hungry.  Children from 

 9           families making too much to qualify for free 

10           meals often avoid eating to avoid a free 

11           school meal debt for their families.  Even 

12           families that do qualify are often deterred 

13           by stigma, especially in those communities 

14           that are perceived as wealthy.  

15                  Eight states have now established 

16           permanent statewide free school meal 

17           policies, including our neighbors in Vermont 

18           and Massachusetts.  New York must be next, 

19           and New York voters agree.  A recent poll 

20           found 77 percent of voters support state 

21           funding for universal school meals because 

22           it's a commonsense policy.  Universal school 

23           meals support students' physical and mental 

24           health, improve attendance, help students 


                                                                   523

 1           perform better on standardized tests in 

 2           reading and math.  

 3                  Perhaps most importantly, universal 

 4           school meals can support food security for 

 5           the nearly one in six New York kids who face 

 6           food insecurity, and save our families an 

 7           estimated $150 per month per child in food 

 8           costs.  

 9                  Our coalition strongly urges the 

10           Legislature to include an additional 

11           90.4 million allocation to close the gap and 

12           fully fund a statewide school-meals-at-no- 

13           cost program in the final budget.  

14                  Thank you.  

15                  MR. KENNEALLY:  I'd like to thank the 

16           committee for allowing me to give testimony 

17           today.  

18                  My name is Patrick Kenneally.  I'm a 

19           school lunch director in the Capital Region, 

20           and the public policy chair for the New York 

21           School Nutrition Association.  

22                  The funding of healthy school meals to 

23           all children in New York is not merely an 

24           economic consideration, it's a human 


                                                                   524

 1           imperative and a reflection of the values 

 2           that define how we look at our next 

 3           generation.  

 4                  In my culinary career I have witnessed 

 5           the magic that happens when a shared meal 

 6           becomes a catalyst for conversation, 

 7           understanding, and compassion.  Yet working 

 8           in school nutrition has made me very aware 

 9           that not every child has the privilege of 

10           enjoying such moments without the gnawing 

11           ache of hunger.  

12                  It is an injustice that paints the 

13           canvas of our shared experience, a challenge 

14           that demands our collective attention, 

15           empathy and action.  When we speak of school 

16           meals for all, we're not just talking about 

17           filling stomachs -- we're talking about 

18           fueling minds with the sustenance needed to 

19           learn, grow, and to thrive.  It's a pledge to 

20           eliminate the stigma attached to our broken 

21           meal policy, to foster equity amongst our 

22           youth, and to lay a foundation for a future 

23           where no child faces the daunting shadow of 

24           an empty lunch tray.  


                                                                   525

 1                  The role of school meals transcends 

 2           the confines of the cafeteria.  It is a 

 3           cornerstone in the foundation of our 

 4           children's health, academic performance, and 

 5           overall well being.  Yet we put an 

 6           income-based stipulation on a student's 

 7           ability to have access to those meals in our 

 8           schools.  

 9                  We see time and time again that the 

10           financial stability of a family does not 

11           equate to food security for the child.  As 

12           guardians of the educational experience for 

13           young minds across the state, this committee 

14           bears a profound responsibility to ensure 

15           that every child not only receives the 

16           intellectual tools to succeed, but also the 

17           physical nutrition needed to thrive.  

18                  Our broken meal system not only 

19           shortchanges the ability of students to reach 

20           their potential, it hamstrings the financial 

21           resources of our school districts obligated 

22           to cover unpaid meal debt in the lunch 

23           program, forced to use general funds that 

24           could be better utilized to educational 


                                                                   526

 1           experience, hire teachers and aides, and 

 2           improve buildings.  

 3                  With the USDA changing the CEP 

 4           threshold to 25 percent, we saw an increase 

 5           of 347,000 students gaining access to 

 6           universal meals.  We are left with 

 7           660 schools containing 320,000 students that 

 8           are still part of a biased meal program.  

 9                  Currently our state boasts an 

10           impressive 88 percent coverage of meals for 

11           students.  That's a B+ in our efforts.  We 

12           strive for excellence in academic performance 

13           in New York, and if school-managed meals play 

14           a central role in that pursuit, a B+ is 

15           unacceptable.  Anything short of an A+ is a 

16           shortchange of our children.  An A+ is a 

17           future where every child, without exception, 

18           has access to the nourishment they need to 

19           thrive academically, physically, and 

20           emotionally.  

21                  Eight states have already made this 

22           critical investment.  New York has the 

23           ability to set a standard not just for 

24           academic excellence, but for compassion, 


                                                                   527

 1           equity, and social responsibility by funding 

 2           universal meals for all.  

 3                  Thank you.  

 4                  ASSEMBLYMAN BENEDETTO:  Thank you all 

 5           for your testimony.  

 6                  Listen, I'm up here and I'm just 

 7           running my mouth off making light of your 

 8           name, Maxwell.  Okay?  And I apologize, I 

 9           meant no -- it's a nice name.  And I looked 

10           down at your title, director, government 

11           relations and advocacy -- I believe that's 

12           the exact title my daughter has.  She works 

13           for the Queens Library.  So an awful lot of 

14           respect for you, sir, and what you do.  

15                  MR. PRIME:  I believe I know who your 

16           daughter is.  

17                  (Laughter.)

18                  ASSEMBLYMAN BENEDETTO:  Tom, the bus 

19           contractors.  We just had somebody in here, 

20           okay, testifying, and he's saying that the 

21           timeline for electric buses -- it's not real, 

22           it can't be done, and so on.  

23                  You're the contractors.  Do you agree 

24           with that?  


                                                                   528

 1                  MR. SMITH:  Umm -- 

 2                  ASSEMBLYMAN BENEDETTO:  You agree with 

 3           that?  That was a yes?  

 4                  MR. SMITH:  It's a very challenging 

 5           timeline, for sure.  

 6                  To just set the record, we are a big 

 7           fan of the electric vehicles.  We think it's 

 8           a good way to move.  But a lot of challenges 

 9           out there.  You know, technology has not been 

10           dialed in to be reliable.  And a lot of 

11           evolving components.  Infrastructure is 

12           probably the hardest component out of it.  

13                  I think originally we thought buses, 

14           buses, buses, but it really came down to how 

15           do we dismantle our yards, how do we function 

16           with parking criteria, do we have power at 

17           the sites?  So there's a lot going on.  Even 

18           the OEMs will have trouble delivering, 

19           because it's not just New York where they're 

20           delivering electric vehicles, it's -- you 

21           know, California is very big, and other 

22           states as well.  

23                  A lot of challenges in front of us.  

24           You know, I think a phased-in plan would be 


                                                                   529

 1           something more digestible than all at once, 

 2           with that -- 2035 is one of the most 

 3           challenging components.  And even with us, 

 4           you know -- we're applying for funding.  It's 

 5           not always guaranteed.  So a lot of 

 6           challenges ahead.  

 7                  ASSEMBLYMAN BENEDETTO:  Thank you, 

 8           Tom.  

 9                  Senate?  

10                  CHAIRMAN KRUEGER:  Thank you.  

11                  Senator Shelley Mayer.  

12                  SENATOR MAYER:  So first I have a 

13           question of Tommy and David on school buses, 

14           and I've raised this with Tommy.  

15                  What has been your experience in 

16           dealing with NYSERDA as sort of the state 

17           agency that is sort of the coordinator?  Has 

18           that been satisfactory?  And do you feel that 

19           you've gotten enough information for the 

20           questions that you have about access to 

21           power, access to parts, costs, reimbursement, 

22           et cetera?  

23                  MR. SMITH:  So we were on their 

24           committee developing the roadmap, so we did 


                                                                   530

 1           have some points we were able to weigh in a 

 2           little bit.  You know, I felt that one of the 

 3           best components of the electric buses was 

 4           that we purchased 11 units ourselves and were 

 5           able to develop an education there.  So that 

 6           was helpful, and that was helpful also giving 

 7           information to NYSERDA.  

 8                  So they put together a lot of good 

 9           information.  I think that the roadmap does 

10           not give a definitive -- I think they push it 

11           a little bit down the line because they know 

12           the mandates are challenging and there's a 

13           lot of components that are going into this, 

14           and there's also a lot of unknowns.  

15                  So I think they did as best they 

16           could, but I also think that we have to see 

17           time march on to see what will happen.  I 

18           think time will tell where we end up.  

19                  SENATOR MAYER:  Just -- all right, I 

20           think I asked this before.  Do you feel you 

21           have sufficient clarity about which expenses 

22           will be paid for by the feds under the 

23           Inflation Reduction Act or any other federal 

24           bill?  


                                                                   531

 1                  MR. SMITH:  I would say that I do not.  

 2                  SENATOR MAYER:  Right.  

 3                  MR. SMITH:   And I would say that it's 

 4           challenging to understand what you may be 

 5           able to obtain, for sure.  

 6                  SENATOR MAYER:  Yeah, understood.  

 7           Okay, we'll work on that.  

 8                  Then Jessica and Patrick, thank you 

 9           for your advocacy.  Thank you for last year 

10           helping us get as far as we got.  And Patrick 

11           particularly, thank you for talking about it 

12           beyond just the hunger issue, as a school 

13           issue, and I think it's extremely important.  

14                  Are all of the school lunch or 

15           nutrition people involved in your coalition, 

16           Patrick, the association?  

17                  MR. KENNEALLY:  Yeah.  

18                  SENATOR MAYER:  Does that include the 

19           City of New York?  Or they are already in the 

20           community school -- I mean, I know they have 

21           community eligibility.  But do you have all 

22           the urban districts on board with you?  

23                  MR. KENNEALLY:  Yeah.  And most of the 

24           urban districts are already part of this -- 


                                                                   532

 1                  SENATOR MAYER:  I know.  

 2                  MR. KENNEALLY:  And they're part of 

 3           the -- at the 40 percent.  

 4                  But yeah, we have great relationships 

 5           with all of them.  

 6                  SENATOR MAYER:  Okay.  And Jessica, do 

 7           have the relationship with the PTAs and the 

 8           parents in these schools?  

 9                  MS. PINO-GOODSPEED:  Yes.  

10                  SENATOR MAYER:  And are they weighing 

11           in on the subject?  

12                  MS. PINO-GOODSPEED:  Yes.  Our 

13           coalition of over 285 organizations includes 

14           PTA, all members of the ECB, along with 

15           groups throughout the cities and areas -- it 

16           was really encouraging to see other areas 

17           that already have universal -- all hands on 

18           deck to make this a reality for all New York 

19           kids.  

20                  SENATOR MAYER:  Thank you.  Thank you 

21           very much.  

22                  CHAIRWOMAN KRUEGER:  Thank you.  

23                  Assembly?  

24                  ASSEMBLYMAN BENEDETTO:  Chairman 


                                                                   533

 1           Santabarbara.  

 2                  ASSEMBLYMAN SANTABARBARA:  Okay, thank 

 3           you all for being here.  

 4                  I want to thank Jessica and Patrick 

 5           for your advocacy on school meals.  I 

 6           completely agree with you.  That's something 

 7           I'll be fighting for in the budget as well, I 

 8           think it is important.  I see the schools 

 9           that do have it, what an impact, and change 

10           does happen.  

11                  It ties in with the community school 

12           discussion we had as well, making sure that 

13           kids have the things that they need to get 

14           ready to sit in a classroom and get ready for 

15           learning.  

16                  Max, thanks for being here.  Max has 

17           been in my office quite a bit lately since I 

18           received my new assignment as chair of the 

19           Libraries Committee.  We actually worked on a 

20           piece of legislation together that is now 

21           introduced, and I just wanted to talk a 

22           little bit about that, about streamlining the 

23           construction aid, increasing the flexibility 

24           in the system, and making sure that 


                                                                   534

 1           underserved areas are getting more of that 

 2           aid.  

 3                  Could you just talk about that bill 

 4           and how important it is to the libraries in 

 5           our state?  

 6                  MR. PRIME:  Yeah.  So that bill would 

 7           really address the overall issue.  You know, 

 8           the biggest issue that's there is the funding 

 9           aspect of things.  And of course, as I said, 

10           we're advocating for $69.4 million there.  

11                  The current statewide need, as I 

12           mentioned in my testimony, is $1.75 billion.  

13           So of course wouldn't dream of receiving 

14           that.  

15                  But what that bill that you're talking 

16           about would do would remove some of the 

17           boundaries on how that aid can be allocated 

18           on the system level.  And so basically 

19           that -- there's a current cap at 50 percent 

20           of an allocation to a system on how much of 

21           the money that goes to that system can be 

22           awarded to projects eligible for 75 percent 

23           or -- or above 75 percent match.  Those would 

24           be the economically distressed communities.  


                                                                   535

 1                  And so currently you can only award 

 2           50 percent of the total system allocation 

 3           there.  So if you have a system that has a 

 4           ton of projects that are eligible for that 

 5           match, you can't conceivably actually award 

 6           them that way.  So that would help get rid of 

 7           that issue.  

 8                  ASSEMBLYMAN SANTABARBARA:  So I 

 9           haven't talked to the Governor's office on 

10           that.  Maybe it has something to do with the 

11           budget, I don't know.  But certainly that 

12           would address the construction aid issue, and 

13           I hope that we can get that passed.  

14                  I've got a little bit of time left.  I 

15           just wanted to talk to you about the ebook, 

16           the digital materials.  That seems to be an 

17           issue as well.  The renewal fees seem to be 

18           driving up costs for libraries.  Could you 

19           just touch on that?  

20                  MR. PRIME:  Yeah, and so there is an 

21           overall issue with the cost of ebooks for 

22           libraries.  The purchase price is higher than 

23           for the general public, of course, but 

24           there's an issue with the terms that come 


                                                                   536

 1           with those contracts.  

 2                  They're not a one-time purchase.  It's 

 3           a kind of metered access.  So you might have 

 4           to buy at a higher price the same ebook, you 

 5           know, every year or once every, you know, 

 6           20 circulations -- which is not the period of 

 7           time that a physical book wears out.  And so 

 8           it continues to just drive up costs, and it's 

 9           just not a great use of resources.  

10                  ASSEMBLYMAN SANTABARBARA:  There is a 

11           piece of legislation on that as well that I'm 

12           working on.

13                  MR. PRIME:  Wonderful.  

14                  ASSEMBLYMAN BENEDETTO:  Thank you.  

15                  Senate?  

16                  CHAIRWOMAN KRUEGER:  Senator Chu.  

17                  SENATOR CHU:  Thank you, Chair.  

18                  I have two questions for my libraries.  

19           Good to see you here, Max.  

20                  The first one, I just want to touch 

21           base on the construction aid.  Because from 

22           the budget, the Governor's proposal does not 

23           even meet the -- it's not even 2 percent of 

24           the need.  And what you are asking is not 


                                                                   537

 1           even 4 percent of the need.  

 2                  So could you tell us, give us some 

 3           example -- like what's our construction need 

 4           here?  Like give us some example.  What are 

 5           you looking for for those 69.4 million?  

 6           What's it going to do?  

 7                  MR. PRIME:  Absolutely.  

 8                  And so the construction aid is really 

 9           varied across the state.  But I know a lot of 

10           people might imagine it, you know, as 

11           sparkling brand new libraries all across the 

12           state, but really it's about often health and 

13           safety updates -- becoming ADA-compliant, new 

14           HVAC systems.  It's about roof repair -- or 

15           roof replacements, because you need to 

16           protect the things that are actually inside 

17           the library so you don't have to replace 

18           those as well.  

19                  But those issues are mounting.  Half 

20           of our libraries are 60 years old.  And every 

21           year that there's not the investment that's 

22           made there, an existing structural issue will 

23           get worse and worse and worse.  It gets more 

24           expensive to try to address, and then you 


                                                                   538

 1           have to ask for more money to address it.  

 2                  SENATOR CHU:  Absolutely.  

 3                  Regarding the digital materials, so I 

 4           just want to share my personal experience.  I 

 5           borrow, like, digital books from our public 

 6           library, and usually the wait is between one 

 7           month to three months at least.  

 8                  It's just how crazy, like, this long 

 9           wait is, how we patrons cannot access those 

10           digital materials.  And I just want to see if 

11           you are able to feed us any information about 

12           what the percentage of our digital materials, 

13           than the hard copies -- how short we are in 

14           terms of access to those digital materials.  

15                  MR. PRIME:  So in terms of overall 

16           digital materials on the public library side, 

17           I know that it's -- you know, well, I don't 

18           have a specific percentage.  I can say that 

19           the demand for those surged during COVID.  

20           People found ebooks, there was a way that 

21           they could access materials without having to 

22           physically go to a library, and they found 

23           they really liked doing that.  It makes it a 

24           lot more accessible for them.  


                                                                   539

 1                  And so it's driven up the interest.  

 2           And when you're driving interest in something 

 3           that's more expensive than your typical 

 4           resources, and you have those limitations we 

 5           just talked about on the metered access, 

 6           whether it's in terms of a fixed period that 

 7           you have access to that book that you've 

 8           bought or a number of circulations, and you 

 9           have to keep purchasing it again and again 

10           and again, you know, it really limits what 

11           you can buy for those.  

12                  And so you do see frustration amongst 

13           the community that -- like you're talking 

14           about.  You're not even the first legislator 

15           who's mentioned to me the frustration of not 

16           being able to get ebooks just by going to 

17           their local library.  And so that's certainly 

18           an issue that is pervasive in our state.  

19                  SENATOR CHU:  I appreciate that.  

20                  CHAIRWOMAN KRUEGER:  Thank you.  

21                  Assembly?  

22                  ASSEMBLYMAN BENEDETTO:  Yes.  

23           Apparently we've had a late substitution.  

24           Assemblymember Walsh is going next.  


                                                                   540

 1                  ASSEMBLYWOMAN WALSH:  Well, guess what 

 2           I'm going to ask about.  

 3                  (Laughter.) 

 4                  ASSEMBLYWOMAN WALSH:  I've been asking 

 5           about these EV buses all day.  I think I must 

 6           be channeling Mr. Palmesano, I don't know, my 

 7           colleague who couldn't be here today.  

 8                  So I think you raised a really 

 9           interesting point about the cost of 

10           infrastructure.  It's a lot more than just 

11           the cost of the buses themselves.  So one of 

12           the school districts that I represent was 

13           recently -- that has a fleet of over 200 

14           buses on campus -- they were told that they 

15           would need a substation on their campus that 

16           was going to be to the tune of like 

17           $30 million to build this thing.  

18                  I mean, how is that even feasible?  I 

19           mean, I know that there's some grant monies 

20           that are -- like the Environmental Bond Act 

21           and stuff that's been released to try to 

22           defray some of the costs.  But that's just 

23           one school district.  That's one school 

24           district in the state.  


                                                                   541

 1                  So anyway, I think you make a very 

 2           good point about saying it's not just the 

 3           buses.  And I have nothing against electric 

 4           vehicles.  I bought just one this summer; 

 5           it's great.  But, I mean, to make this a 

 6           statewide mandate that's going to be clicking 

 7           in so soon is very problematic with me.  

 8                  And then I really wanted to thank 

 9           Mr. Christopher for your comment about the 

10           waivers and the bus driver shortage.  That's 

11           a really good point.  We hadn't heard that 

12           today, and I think that that is very 

13           important.  And I would say, in addition to 

14           making sure that the waiver gets extended, to 

15           increase the amount of money that people can 

16           earn and still be able to take these 

17           positions.  Because there is an -- I mean, we 

18           know what an incredible shortage there is.  

19           So thank you for raising that point.  

20                  And I just wanted to, in the time that 

21           I've got remaining, see if there's anything 

22           that we didn't ask you about this particular 

23           issue that you'd like to make sure that we've 

24           heard.  I know you have your written 


                                                                   542

 1           testimony, but is there anything else we need 

 2           to know?  

 3                  MR. CHRISTOPHER:  Regarding EVs --

 4                  ASSEMBLYWOMAN WALSH:  Yes.  

 5                  MR. CHRISTOPHER:  -- or waivers?  

 6           Well, I think -- 

 7                  ASSEMBLYWOMAN WALSH:  Or either.  

 8           Either one.  

 9                  MR. CHRISTOPHER:  I think the electric 

10           bus issue is a big issue out there.  And when 

11           we're talking about save-harmless aid going 

12           away, how do we even think about doing an 

13           electric bus transition?  

14                  I can tell you -- and Tom's a big 

15           player in the electric bus field -- the 

16           electric bus works well once it's installed.  

17           But the cost of doing this is just 

18           outrageous.  And you've got one example 

19           there.  Another example is in the Rochester 

20           area, a brand-new facility costs hundreds of 

21           millions of dollars to build, and they can't 

22           put electric buses on their site because of 

23           space and cost.  

24                  So it's a big nut to crack, and that's 


                                                                   543

 1           why we suggest let's do the pilots, collect 

 2           information, work with NYSERDA to make sure 

 3           that information is correct, and get the 

 4           costs and the operational data out there for 

 5           school districts to make good decisions.  

 6                  Because right now they're making 

 7           decisions -- they're building it as they're 

 8           going along, and that's problematic.  And 

 9           there's some mistakes being made, and that's 

10           not the right thing to do with this kind of a 

11           major transition.  

12                  ASSEMBLYWOMAN WALSH:  It's time to fix 

13           them.  Thank you.  

14                  CHAIRWOMAN KRUEGER:  (Mic problems.)  

15           Senator Tom O'Mara.  Oh, excuse me.  

16                  Senator Dean Murray.  

17                  SENATOR MURRAY:  Thank you, 

18           Chairwoman.  

19                  I have a couple of questions for a 

20           couple of you, so I'm going to start with 

21           Max.  So if we could keep the answer a little 

22           quick so I can get to the second one in three 

23           minutes.  

24                  You referenced in your testimony the 


                                                                   544

 1           consistent underfunding of Library Aid.  Now, 

 2           we talked about the Foundation Aid being 

 3           fully funded last year for the first time.  I 

 4           can't remember when libraries were fully 

 5           funded.  The exercise every year is the 

 6           Governor sweeps some money and cuts the 

 7           funding.  The Legislature scratches and claws 

 8           to get it either back, maybe even, or a 

 9           little bit of an increase at most.  And we 

10           fall short, and here we are far behind.  

11                  How much would it take, in your 

12           estimation, to really get libraries fully 

13           funded?  

14                  MR. PRIME:  So if you're talking about 

15           the gap since the beginning of the program, 

16           it's around $207 million.  Which is about 

17           twice the amount of the largest annual award 

18           that Library Aid has ever received.  So it's 

19           a considerable amount.  

20                  And 154 million of that has come in 

21           the last 15 years or so.   

22                  SENATOR MURRAY:  Well, hopefully we 

23           can scratch and claw a little harder this 

24           year, so -- but thank you.  


                                                                   545

 1                  And to Jessica and Patrick, first, 

 2           thank you for all you're doing.  And thank 

 3           you for our positivity in saying thank you 

 4           for what we got last year, because frankly 

 5           I'm disgusted that we fell short.  There's no 

 6           excuse.  

 7                  We have kids -- as you said, 

 8           320,000 New York kids are going hungry 

 9           everyday because we didn't come through, 

10           because we didn't come up with enough.  And 

11           we're talking about maybe 90 million to close 

12           the gap?  That's -- that is just -- that's 

13           disgraceful.  

14                  But I want to talk about -- you 

15           mentioned the fact that people think that 

16           those that didn't get it this time are 

17           affluent.  You know, they're the rich ones, 

18           it's okay.  Even if that were true -- which 

19           it's not, coming from a guy who was raised by 

20           a single mom that worked three jobs, we were 

21           on food stamps, we were on public assistance, 

22           I was a recipient of the free and reduced 

23           breakfast and lunch program -- there's a 

24           stigma.  Anybody who says there isn't is 


                                                                   546

 1           crazy.  There is.  

 2                  Those left unfed right now are facing 

 3           that stigma.  Can you talk to that, please?  

 4                  MS. PINO-GOODSPEED:  So -- absolutely 

 5           right.  When we see schools that have 

 6           implemented -- and luckily we've been able to 

 7           see schools implement universal school meals 

 8           over the last 10-plus years in New York 

 9           State, thanks to some federal provisions, and 

10           more largely so now in New York.  And we see 

11           that low-income kids eat more often, and that 

12           participation increases.  

13                  Not quite at the same rate as those 

14           kids newly gaining access and those kids who 

15           were avoiding meals for accruing debt.  That 

16           is a huge issue.  Luckily, we've been able to 

17           tackle that with the investment this year.  

18           We'll see less school meal debt, but it's 

19           still very prevalent for schools.  And 

20           children are not eating, knowing -- and 

21           trying to balance that budget for families.  

22           It's unfair.  

23                  SENATOR MURRAY:  Thank you very much 

24           for your work.  


                                                                   547

 1                  MS. PINO-GOODSPEED:  Thanks.  

 2                  CHAIRWOMAN KRUEGER:  Thank you.  

 3                  Assembly?  

 4                  ASSEMBLYMAN BENEDETTO:  You're still 

 5           on, Senate.  

 6                  CHAIRWOMAN KRUEGER:  Okay.  So 

 7           Senator Tom O'Mara.  

 8                  SENATOR O'MARA:  Thank you.  Thank you 

 9           all for your advocacy here this evening.  

10                  On the electric bus issue and the -- I 

11           guess the timeline.  You know, I think we're 

12           all aware that there are supply chain issues, 

13           both in the buses themselves but also in the 

14           infrastructure and the electricity grid to 

15           get there.  

16                  You know, I'm hearing from utility 

17           companies about the lengths of time just to 

18           get the transformers and that type of 

19           infrastructure equipment to come in, let 

20           alone the price of that.  And I've got school 

21           districts saying it's going to be $10 million 

22           or more just for that.  

23                  What are you hearing on, I guess most 

24           importantly, the timeline and your 


                                                                   548

 1           discussions with utilities on their ability 

 2           to even provide the electricity to the 

 3           bus garage location to begin with?  And then 

 4           secondly, if you have time, what is your 

 5           estimate of the overall increase in cost 

 6           going to be to school districts leasing your 

 7           services?  

 8                  MR. SMITH:  Okay, speaking for a 

 9           colleague that's in our association in the 

10           Orange County district, they've got a couple 

11           of yards that they may actually have to 

12           consider about moving depots, because they're 

13           not been able to ever get the power correctly 

14           needed to fuel that yard to capacity.  So 

15           some challenges there.  

16                  Maybe some places where the power is 

17           readily available, but able to move or change 

18           transformers could be somewhere up to a 

19           year and a half to get that job done.  A lot 

20           of planning.  And not just even getting a 

21           transformer in and putting wires on the yard, 

22           also just the chargers themselves.  You know, 

23           a lot of challenges with some of the 

24           technology there, and making sure those are 


                                                                   549

 1           set up and dialed in correctly with software.  

 2                  You know, it takes a little bit of 

 3           time, too.  You know, a decent learning curve 

 4           on that front.  

 5                  Costwise, I think what we see here in 

 6           the electric vehicles, as technology improves 

 7           and more of these become the regular product, 

 8           we're going to see basically a bell curve and 

 9           the prices drop.  We're excited that the 

10           maintenance component of the vehicles is 

11           going to be a much simpler operation for us, 

12           that we can modify our shops to be less of a 

13           dynamic repair shop to more of technology.  

14                  And we see it being costly in the 

15           beginning but then, as time rolls out, to be 

16           a better product.  Especially as technology 

17           advances.  

18                  SENATOR O'MARA:  Well, would it be 

19           less costly over time, then, to let this 

20           market develop further -- 

21                  MR. SMITH:  Correct.  

22                  SENATOR O'MARA:  -- so that those 

23           costs are coming down, rather than the school 

24           districts funding the most expensive part of 


                                                                   550

 1           that curve?  

 2                  MR. SMITH:  Yeah, it's -- we're going 

 3           to depend on the grants to come through and 

 4           to be able to help us with infrastructure and 

 5           product purchases.  

 6                  And then as that eases out and the 

 7           OEMs are producing more as a regular product, 

 8           we see the bell curve -- I think there was a 

 9           group, WRI, that had details on that model.  

10                  SENATOR O'MARA:  Thank you.  

11                  CHAIRWOMAN KRUEGER:  Thank you.  

12                  I think we -- Senator -- any other 

13           Senator was waiting?  No?  All right, then, I 

14           do have just one question for you.  

15                  Dr. DelCorvo, so in 2014 we did a 

16           bond act in New York for $2 billion for 

17           technology and computers for schools.  I 

18           asked about it for many years, because the 

19           money didn't seem to be going out the door.  

20           In fact, my last notes I can find are that in 

21           2020 we'd only spent about half of it.  

22                  Do you know, is there still money out 

23           there available for school districts to draw 

24           down on?  Do you know what happened to the 


                                                                   551

 1           rest of that money?  

 2                  DR. DELCORVO:  From that funding?  I 

 3           cannot speak officially for the State 

 4           Education Department, but it would definitely 

 5           come through -- through that area.  

 6                  We work across -- one thing I did not 

 7           mention, we're a -- there's no cost for 

 8           NYSCATE.  We work across every agency in the 

 9           state.  We work with not only the 

10           Library Association, the Big 5, New York 

11           City -- that's what's kept what we do afloat.  

12                  So we were part of that and advocating 

13           for the $2 billion bond act, but we were not 

14           the lead agency on that.  

15                  CHAIRWOMAN KRUEGER:  So my staff just 

16           shared with me that actually it was called 

17           the Smart Schools Bond Act at the time, for 

18           2 billion.  

19                  DR. DELCORVO:  Correct.  

20                  CHAIRWOMAN KRUEGER:  He's reporting 

21           that we still have 200 million left.  I think 

22           we want to get that out the door to all those 

23           schools.  

24                  DR. DELCORVO:  We only need 2 for what 


                                                                   552

 1           we're looking at for the PD.  But we will 

 2           advocate any way to get those dollars out.  

 3           We advocate for every district in the 

 4           state -- public, private, charter, 

 5           independent.  That's what NYSCATE does.  

 6                  CHAIRWOMAN KRUEGER:  And they were all 

 7           eligible, as I remember -- 

 8                  DR. DELCORVO:  That is correct.  

 9                  CHAIRWOMAN KRUEGER:  -- from the bond 

10           act language.

11                  DR. DELCORVO:  That is correct.

12                  CHAIRWOMAN KRUEGER:  I personally 

13           believe, what are we sitting on that for, 

14           10 years later, when there's -- 

15                  DR. DELCORVO:  If that's a charge, 

16           I'll take it.  I'll go and find where that 

17           money is.  

18                  (Laughter.)  

19                  CHAIRWOMAN KRUEGER:  All right.  We'll 

20           talk with the staffer later on.  He'll follow 

21           up.  

22                  DR. DELCORVO:  Absolutely.  Thank you.  

23                  CHAIRWOMAN KRUEGER:  Then I think the 

24           Senate's done, so I want to thank you all.  


                                                                   553

 1                  Oh, excuse me.  Robert Jackson.  

 2                  SENATOR JACKSON:  With respect to 

 3           the -- (inaudible; mic off.)

 4                  CHAIRWOMAN KRUEGER:  Put your mic on.  

 5           Oh, there you are.  

 6                  SENATOR JACKSON:  -- is New York City 

 7           included in that?  Or they're already on 

 8           everyone can have free breakfast and lunch?  

 9                  MS. PINO-GOODSPEED:  I'm sorry, could 

10           you -- 

11                  SENATOR JACKSON:  Is New York City 

12           included in your activities?  Or is it 

13           outside of New York City, that New York City 

14           already has breakfast for all?  

15                  MS. PINO-GOODSPEED:  So New York City 

16           is offering free meals to all students fully 

17           with federal reimbursements, so -- because of 

18           the threshold of poverty in the school 

19           districts.  

20                  However, there are many New York City 

21           groups that are in coalition with us and 

22           supportive of that.  

23                  SENATOR JACKSON:  Thank you.  

24                  CHAIRWOMAN KRUEGER:  Now we're done, I 


                                                                   554

 1           think.  

 2                  ASSEMBLYMAN BENEDETTO:  Thank you.  

 3                  Panel, thank you very much.  Jessica, 

 4           you started your testimony today by saying 

 5           "good evening."  We've gone from "good 

 6           morning" to "good afternoon" to "good 

 7           evening."  To tell you the truth, I can't 

 8           wait to say "good night."  

 9                  (Laughter.) 

10                  ASSEMBLYMAN BENEDETTO:  But I thank 

11           you very much for your testimony.

12                  PANELISTS:  Thank you.

13                  ASSEMBLYMAN BENEDETTO:  Next panel:  

14           Teach NYS; Agudath Israel of America; 

15           New York Charter School Association; and 

16           New York City Charter School Center.  

17                  (Discussion off the record.) 

18                  ASSEMBLYMAN BENEDETTO:  Is it Sydney?  

19                  MS. ALTFIELD:  It is.  

20                  ASSEMBLYMAN BENEDETTO:  Okay, Sydney.  

21                  MS. ALTFIELD:  Present.  

22                  Are we good?

23                  ASSEMBLYMAN BENEDETTO:  You can start.  

24                  MS. ALTFIELD:  Thank you, everyone.  


                                                                   555

 1           Good evening, Senator and Chair Krueger, 

 2           Chairs Benedetto and Mayer, distinguished 

 3           members of the Assembly and Senate here 

 4           today.  And a refuah schlema for -- a good 

 5           hope she recovers -- Chair Weinstein.  

 6                  I'm here on behalf of 370,000 

 7           nonpublic school students that make up about 

 8           15 percent of our student population here in 

 9           New York State.  Now, usually when I come to 

10           talk to you I like to talk about the amazing 

11           things going on in our schools like STEM and 

12           arts and music, but unfortunately today I 

13           have to use my time to talk about the 

14           security of our Jewish and Islamic students 

15           at this moment in time.  

16                  Since October 7th, anti-hate crimes -- 

17           or hate crimes, for that matter -- have risen 

18           330 percent and have demoralized and hurt all 

19           of our schools, from Jewish schools to 

20           Islamic schools to faith-based schools across 

21           the spectrum.  We did a survey, and we saw 

22           that security costs raised 47 percent since 

23           October 7th in all of these schools.  

24                  I never thought in my lifetime that a 


                                                                   556

 1           school on the Upper East Side of Manhattan 

 2           would make their boys cover their kippot, 

 3           their kippahs, their hats with baseball hats 

 4           before leaving to go to Central Park for 

 5           recess.  I never thought in my lifetime that 

 6           there would be schools shuttering their doors 

 7           on a "day of rage" because parents did not 

 8           feel safe sending their kids to school 

 9           because the schools did not have adequate 

10           security for such a day.  

11                  I never thought in my lifetime that we 

12           would be asking parents for $750 extra on 

13           tuition, extra on security, because the 

14           school just cannot meet the needs.  

15                  I never thought in my lifetime that I 

16           would look a rabbi of a school in the eye 

17           when he told me he only had enough funds for 

18           security guards for two days left in his 

19           budget roll.  

20                  I never thought that we would be at 

21           this moment, but we are here.  And 

22           unfortunately, the Governor's budget did not 

23           increase security funding for our schools in 

24           the Nonpublic Schools Safety Equipment Grant 


                                                                   557

 1           program, which funds out $45 million, and 

 2           we're asking for a doubling of that at 

 3           $90 million.  This will catastrophically 

 4           change the way that the antisemitism tax, the 

 5           Islamophobia tax is taxed on our communities, 

 6           and it is enough that this is happening to 

 7           our families and that the financial burden of 

 8           such a basic need, a basic right of security, 

 9           is taken off the shoulders of these 

10           communities.  

11                  Thank you so much.  

12                  RABBI SILBER:  Okay.  Good evening, 

13           everyone, Chairs Krueger, Mayer, Benedetto.  

14           And again I wish a refua shlema; we'd like to 

15           see Chair Weinstein back soon.  

16                  I also want to wish a speedy recovery 

17           to our friend Jim Cultrara.  As you know, Jim 

18           had some health issues, he's not here 

19           tonight.  He has been a fixture -- I call him 

20           the dean of the nonpublic school advocacy -- 

21           he's been a fixture at this table, we've been 

22           together many years.  So we hope he's back 

23           soon.  

24                  You know, I represent Agudath Israel 


                                                                   558

 1           advocating for the nonpublic schools and the 

 2           yeshivas, and Sydney was very eloquent.  She 

 3           really, you know -- I don't know if it's 

 4           really necessary to repeat much.  

 5                  I wanted to say about yeshivas in 

 6           general, a quick word on yeshiva education.  

 7           There's many misconceptions on yeshiva 

 8           education.  Yeshivas are not monolithic.  

 9           Many yeshivas are among the highest-scoring 

10           schools in the Regents exams across the 

11           state.  Others will have more emphasis on 

12           Judaic studies.  But by almost any measure, 

13           they're highly successful at producing 

14           graduates who have success in almost every 

15           field.  

16                  In communities populated by yeshiva 

17           graduates, there's almost no violent crime or 

18           illegal drug usage.  They also by and 

19           large -- my written testimony indicates 

20           that -- they are by and large financially 

21           successful.  

22                  Also, as indicated, as Sydney 

23           mentioned, the nonpublic school students make 

24           up about 15 percent of the total school 


                                                                   559

 1           population.  And the schools -- we save 

 2           billions of dollars for the state.  Parents 

 3           pay willingly.  That's their choice.  And yet 

 4           the funding we receive is less than 2 percent 

 5           of the education funding.  

 6                  Let me go through some of the 

 7           priorities.  Again, Sydney was more than 

 8           eloquent on the security situation.  Let me 

 9           just add, as we know, of course, since the 

10           Hamas attack, the terrorist attack in Israel, 

11           how hate crimes have gone up.  I ride the 

12           subway every day, and I have -- you know, I'm 

13           a big guy, a little benign, I kind of just 

14           keep my eyes open and I'm a little more 

15           careful about my surroundings personally.  

16                  Many of our schools that we represent 

17           have a majority of their student body on 

18           scholarship, so they won't have to choose 

19           between educational enhancement or security 

20           upgrades.  Again, we ask the same request, 

21           doubling the money of the NPSE security grant 

22           from 45 to 90 million.  

23                  Let me talk for a moment about 

24           Mandated Services Aid.  We thank the 


                                                                   560

 1           Legislature.  Last year -- as you know, I was 

 2           here last year and we spoke about there was a 

 3           problematic language in the budget last year 

 4           that would have kept the mandated services at 

 5           the amount allocated.  Thankfully that 

 6           language was removed.  But there was a 

 7           4 percent shortfall last year in the mandated 

 8           services allocation.  And based on last 

 9           year's budget, we are anticipating another 

10           4 percent shortfall this year.  

11                  Thankfully the Governor put sufficient 

12           money in the budget of $234 million, which 

13           will be sufficient to cover the two-year 

14           shortfall and enough for the current claims.  

15           We ask the Legislature to please make sure 

16           that money stays in the enacted budget.  

17                  We have no other requests.  As in my 

18           written testimony, I want to just add to the 

19           previous panel on the universal school lunch 

20           initiative.  We've been part of that 

21           coalition.  I was here the other day, I met 

22           somebody the other day advocating for it.  

23           Last year it was a great start, 135 million, 

24           we covered many schools.  Let's finish the 


                                                                   561

 1           job and fully fund it this year.  

 2                  Thank you.  

 3                  MS. BARKER:  Good evening, Chairs 

 4           Krueger, Weinstein in your absence, Mayer, 

 5           Benedetto and distinguished members of the 

 6           Legislature.  Thank you for the opportunity 

 7           to provide testimony.  

 8                  I'm going to be brief, because we've 

 9           all heard a lot today.  My name is Fatimah 

10           Barker.  I'm the current interim executive 

11           director of the New York Charter Schools 

12           Association.  We are a nonprofit that 

13           supports over 350 charter schools across the 

14           state, and those schools have the privilege 

15           of serving over 170,000 students across our 

16           state.  

17                  I want to start by saying I think we 

18           agree on two things.  We here at the 

19           association support NYSUT's request for a 

20           thoughtful review and improvement of the 

21           Foundation Aid so that it supports students 

22           who need it the most.  

23                  The second thing I think we all agree 

24           on is that we support the State Ed 


                                                                   562

 1           Department's request for funds to ensure 

 2           rigorous and high-quality authorizing.  

 3                  And I'll end by encouraging this body 

 4           and the State Ed Department to consider the 

 5           lens of equity and student need as decisions 

 6           around resources are made, including 

 7           facilities and transportation.  

 8                  Thank you.  

 9                  MR. MERRIMAN:  This September will 

10           mark the 25th anniversary of the opening of 

11           the first charter school in New York City:  

12           Sisulu-Walker Charter School in Harlem.  I 

13           don't think anyone back then -- certainly I, 

14           who was present -- could imagine that 

15           25 years later 142,000 students in New York 

16           City are enrolled in charter schools.  

17                  And charter schools are doing right by 

18           them.  In fact, more than one-third of 

19           Black kindergartners in public schools in 

20           New York City are enrolled in charter 

21           schools.  That's their choice of the public 

22           school for them.  

23                  Charter schools are no longer an 

24           experiment; they're a proven way to increase 


                                                                   563

 1           student achievement and obviously to give 

 2           choice to families.  As such, it's long past 

 3           time to address the inequities in funding 

 4           that exist.  

 5                  It is an acknowledged fact that 

 6           charter schools' funding on a per-pupil basis 

 7           trails their district counterparts.  In 2017, 

 8           the Independent Budget Office found the gaps 

 9           ranged from between 1,000 to 5,000 per pupil, 

10           depending on whether a school was collocated, 

11           receiving rental assistance, or those schools 

12           that are neither collocated and don't receive 

13           rental assistance.  And there's every reason 

14           to believe that those gaps have grown in the 

15           last six years.  

16                  While there should be equity across 

17           the board, the gaps between non-collocated 

18           charter schools that do not receive rental 

19           assistance and their traditional counterparts 

20           are especially troubling.  Sisulu-Walker is a 

21           prime example.  For 25 years it's had to use 

22           its operating funding, digging deeply into it 

23           to pay for its capital expenses.  

24                  It's well past time that that be 


                                                                   564

 1           fixed, and that rental assistance in New York 

 2           City be extended to all charter schools.  I 

 3           therefore urge you to include that in your 

 4           one-house budget proposals, to phase in 

 5           rental assistance over time.  

 6                  In closing, let me just say 

 7           charter schools and traditional schools 

 8           differ in some respects, but the challenges 

 9           they face are really the same -- teachers and 

10           leaders struggling to create safe, orderly 

11           environments where learning can take place, 

12           and balancing that to make sure that their 

13           schools welcome all students.  Dealing with 

14           the migrant issues and not having the 

15           personnel that ideally the staff would have 

16           to do it, or trying to close the learning 

17           gaps, both those from COVID and those we 

18           unfortunately have lived with for decades.  

19                  Sometimes they succeed spectacularly.  

20           Sometimes some charter schools don't, and 

21           they don't meet the high standards they have 

22           set for themselves.  But I -- 

23                  (Time clock chiming.)

24                  ASSEMBLYMAN BENEDETTO:  Panel, thank 


                                                                   565

 1           you very much for your testimony here.  

 2                  Just to go back, let me ask a quick 

 3           question, Mr. Merriman.  You mentioned in 

 4           your testimony the migrant crisis that we 

 5           have in the City of New York and really 

 6           throughout the entire State of New York.  Do 

 7           you have any statistics on the charter 

 8           schools that -- how many migrants have they 

 9           been handling?  

10                  MR. MERRIMAN:  It's hard to know 

11           exactly, because in the computer system they 

12           don't mark them, obviously, for reasons of -- 

13           you know, because of ICE.  So they don't want 

14           to identify them.  

15                  But I think we have some stats.  I 

16           will send them to you.  

17                  ASSEMBLYMAN BENEDETTO:  Please.  That 

18           would be interesting.  

19                  Senate?  

20                  CHAIRWOMAN KRUEGER:  Senator Mayer.  

21                  SENATOR MAYER:  First, thank you, 

22           Sydney, particularly for your passionate -- 

23           and you know so many of us support the 

24           increase of the NPSE grant to 90 million.  


                                                                   566

 1                  How many Jewish schools did you survey 

 2           to get this increase from 598 per pupil in 

 3           security before October 7th to 854 after?  

 4                  MS. ALTFIELD:  Seventy-five.  

 5                  SENATOR MAYER:  Seventy-five Jewish 

 6           schools around the state?  

 7                  MS. ALTFIELD:  Around the country.  

 8                  SENATOR MAYER:  Oh, around the 

 9           country.  

10                  MS. ALTFIELD:  The majority being here 

11           in New York.  

12                  SENATOR MAYER:  Okay.  And I know you 

13           don't represent generally Islamic schools, 

14           but have you checked in with them and do they 

15           have a similar issue?  

16                  MS. ALTFIELD:  Yes.  Yes.  We -- while 

17           I don't fully represent them, we work hand in 

18           hand.  I was on the phone with them just 

19           yesterday.  Almost all the meetings we've 

20           been doing have been together, hand in hand, 

21           and they also have the same issues.  

22                  There was actually a story, I didn't 

23           have time to say it, but of a hijab being 

24           ripped off of a student as she walked out of 


                                                                   567

 1           school, and there was no guard there to stop 

 2           it.  

 3                  SENATOR MAYER:  And do you know 

 4           whether, you know, public schools that have a 

 5           large number of either Islamic or observant 

 6           Jewish students have also experienced much 

 7           higher security costs post October 7th?  I 

 8           assume that's so.  

 9                  MS. ALTFIELD:  Within public schools?  

10                  SENATOR MAYER:  Yes.  

11                  MS. ALTFIELD:  I'm not a hundred 

12           percent sure, but I'm happy to get that 

13           information for what's been happening within 

14           public schools.  

15                  But what I can say is that there's 

16           been a lot of discussion of parents either 

17           pulling their kids because they don't feel 

18           safe in public schools, or pulling their kids 

19           from Jewish schools to go back into public 

20           schools.  And it just seems, as a Jewish 

21           person here in New York, there doesn't seem 

22           to be a safe place at the moment.  

23                  ASSEMBLYMAN BENEDETTO:

24                  RABBI SILBER:  Sorry, Senator, if I 


                                                                   568

 1           can jump in on that, if that's all right -- 

 2                  SENATOR MAYER:  Yes.  

 3                  RABBI SILBER:  Again, I know only 

 4           anecdotally, but I have heard from public 

 5           school parents and children -- I'm sorry, 

 6           teachers and children, both public school 

 7           teachers and schoolchildren, who have that 

 8           fear, who have been -- so there is -- again, 

 9           it's only anecdotal, I don't have any studies 

10           or numbers on it, but certainly it's there.  

11                  SENATOR MAYER:  And can I ask, in the 

12           charter school community, where I know some 

13           of the charters have a significant number of 

14           Islamic students in the City of New York and 

15           I think in -- and certainly in Yonkers as 

16           well -- has that been an issue for you?  

17                  MR. MERRIMAN:  I haven't heard of 

18           anything.  But we'll look into it and get 

19           back to you.  

20                  SENATOR MAYER:  Have you?  

21                  MS. BARKER:  No.  

22                  SENATOR MAYER:  Okay.  And with 

23           respect to Mr. Benedetto's question, do you 

24           know whether the schools that you represent 


                                                                   569

 1           have taken some of these new migrant 

 2           children?  If so, do you know how many?  

 3                  MS. BARKER:  I don't have the exact 

 4           number, but I can get back to you on that.  

 5           They definitely have.  We have a consortium 

 6           that meets monthly virtually, and we've been 

 7           talking about ways to service students 

 8           better, so I know that they are in our 

 9           schools.  

10                  SENATOR MAYER:  How would they 

11           initially -- I may be running out of time.  

12           Just I had a question about how they would 

13           find you, but -- 

14                  MR. MERRIMAN:  We gave a list to DOE.  

15                  SENATOR MAYER:  Oh, you're on the DOE 

16           list.  Okay.  Thank you.  

17                  CHAIRMAN KRUEGER:  Assembly?  

18                  ASSEMBLYMAN BENEDETTO:  Assemblymember 

19           Pheffer Amato.  

20                  ASSEMBLYWOMAN PHEFFER AMATO:  Good 

21           evening.  Thank you for your testimony.  

22                  Going back to the security question, 

23           when it comes to schools and the biggest 

24           expense, tell me about the security guards.  


                                                                   570

 1           I know that they're really only paid for two 

 2           hours of an entire day, right?  That's from 

 3           one of the grants that we have, correct?  One 

 4           of the grants that you could apply for in a 

 5           competitive grant.  

 6                  RABBI SILBER:  Well, there's a 

 7           New York City grant that provides -- there's 

 8           a New York City grant that does provide -- it 

 9           doesn't fully fund most -- and first of all, 

10           it's only for schools that have 300 students 

11           and above.  So schools below that are not 

12           eligible.  

13                  And even though that have, it only 

14           funds one or two.  I don't know the exact 

15           numbers, but it certainly doesn't fully 

16           fund -- it helps, but it doesn't -- not fully 

17           adequate -- 

18                  ASSEMBLYWOMAN PHEFFER AMATO:  They're 

19           paid for two hours a day, is that correct, 

20           Sydney?  

21                  MS. ALTFIELD:  I think it's the full 

22           day.  

23                  RABBI SILBER:  The full day, yeah.  

24                  MS. ALTFIELD:  It's the full day in 


                                                                   571

 1           New York City.  

 2                  But for the New York State program, 

 3           the NPSE program, it is a per-pupil 

 4           allocation.  So the allocations that are 

 5           being given out to schools, even if you have 

 6           a thousand kids in the school, it does not 

 7           even come close to cover, at 45 million, a 

 8           full guard, and it probably covers about 

 9           two hours of a guard, is what you're getting 

10           at.  

11                  And with your question to the 

12           percentage of guards, that 47 percent 

13           increase, 66 percent of that increase is 

14           being paid to guards.  

15                  So the majority of our schools are 

16           looking for ways to pay for guards.  Not all 

17           the programs in the state budget, such as 

18           Securing Communities Against Hate Crimes, 

19           that does not allow for guards to be used for 

20           that money.  So it's only NPSE money at this 

21           moment.  

22                  ASSEMBLYWOMAN PHEFFER AMATO:  Great.  

23                  And then other measures of security.  

24           So is it locks on doors or different cameras 


                                                                   572

 1           and that's not fully funded, that's where the 

 2           extra is coming from?  

 3                  RABBI SILBER:  I know that the NPSE 

 4           has a large usage.  Security, safety, and not 

 5           only guards.  And it's a per-pupil 

 6           allocation.  It's easier for a lot of 

 7           schools -- it is a -- you know, look on the 

 8           state website, there's a -- it even goes 

 9           through critical capital -- and now the 

10           latest, it allows for critical capital needs 

11           also to enhance safety and security.  So it's 

12           a very wide range of usage. 

13                  ASSEMBLYWOMAN PHEFFER AMATO:  Senator, 

14           to your answer that Hillcrest High School -- 

15           Senator Mayer isn't back there -- so 

16           Hillcrest High School, a public school, 

17           really alerted people.  And I will say as 

18           a -- in my district, which has a lot of 

19           Jewish people and work in both public and 

20           private school, yes, there has been a height 

21           of increase, by phone, letter writing, 

22           calling, specifically for their safety and 

23           concern and for their children.  

24                  So just give us a little bit more 


                                                                   573

 1           insight in the 41 seconds about what the 

 2           parents and the expenses on the parents and 

 3           what's going to happen, how that's going to 

 4           balance for the parents.  

 5                  MS. ALTFIELD:  Sure.  So there's -- I 

 6           already know of multiple schools that have 

 7           already asked parents for more money, to send 

 8           in more money.  

 9                  A school in particular, I spoke about 

10           it, is $750 per student.  They asked a few 

11           weeks after October 7th.  There's a school 

12           that has a new guard in front of their 

13           school; that costs $1200 a day.  They're 

14           going in the red.  And they said next year 

15           they are scared for what to tell their 

16           parents of what they're going to ask for.  

17                  And then there's another school that I 

18           spoke to that is cutting arts and music 

19           programs in their school and after-school 

20           programs, just to cover the cost of an extra 

21           guard, because parents don't feel safe to 

22           send their kids unless it's there. 

23                  (Time clock chimes.)

24                  ASSEMBLYWOMAN PHEFFER AMATO:  The 


                                                                   574

 1           increase to 90 will cover -- I just forgot my 

 2           thought -- yup.  Thanks.  

 3                  CHAIRMAN KRUEGER:  Senator John Liu.  

 4                  SENATOR LIU:  Madam Chair, thank you 

 5           very much.  

 6                  I just wanted to say that this panel 

 7           always comes to our hearing every year and 

 8           they always stay until almost the end, so I 

 9           am deeply appreciative of this.  

10                  For my pal Jim Merriman, Jim, I thank 

11           you -- or, I'm sorry, James, you have 

12           mentioned there was supposed to be -- for the 

13           charter schools, you know, you mentioned that 

14           this is 25 years now.  It's no longer a pilot 

15           program.  

16                  But from the very beginning of charter 

17           schools in New York, it was supposed to be a 

18           way to find innovative practices and then to 

19           adopt them for public schools.  What's an 

20           example of an innovative practice in charter 

21           schools that has been shared with and adopted 

22           by public schools?  

23                  MR. MERRIMAN:  Sure.  So we have two 

24           instances where New York City Department of 


                                                                   575

 1           Education brought in two charter school 

 2           networks to provide professional development 

 3           around teacher feedback as well as getting 

 4           kids to college and through college, and used 

 5           both philanthropic and NYCDOE funds to 

 6           provide development across a whole CSD.  

 7                  SENATOR LIU:  A whole what?  

 8                  MR. MERRIMAN:  Community school 

 9           district.  

10                  SENATOR LIU:  Okay.  So you're talking 

11           about one of the 32 community school 

12           districts in New York City.  

13                  MR. MERRIMAN:  I mean, there are a 

14           number of other practices.  It's up to the 

15           school district to put them into place:  

16           Longer school day, longer school year, 

17           starting earlier.  Those are practices.  

18           They've been around.  It's up to the district 

19           if they want to adopt them or not.  

20                  SENATOR LIU:  So -- so what you're 

21           suggesting is that charter schools have 

22           shared these ideas and the public schools 

23           didn't want to implement them, for the most 

24           part?  


                                                                   576

 1                  MR. MERRIMAN:  I can't speak for the 

 2           public schools.  I know that everyone knows 

 3           about these practices, and we've talked about 

 4           them forever and a day.  

 5                  SENATOR LIU:  Okay.  Thank you.  

 6                  MR. MERRIMAN:  You're welcome.  

 7                  CHAIRMAN KRUEGER:  Assembly?  

 8                  ASSEMBLYMAN BENEDETTO:  I think the 

 9           Assembly has closed out.  

10                  CHAIRMAN KRUEGER:  Senator Chu.  

11                  SENATOR CHU:  Thank you, Chair.  

12                  Rabbi Silber, just want to touch base.  

13           You mentioned the mandated services.  Could 

14           you elaborate, what are those services?  And 

15           is there any, like, difficulties or 

16           challenges when those families of a school, 

17           when they try to access or provide those 

18           services?  Is it a hardship?  Is the IEP also 

19           included?  

20                  RABBI SILBER:  Yeah, certainly.  

21                  Mandated services are basically 

22           reimbursement for the mandates that are 

23           placed upon schools, whether it's pupil data, 

24           testing, and other assessments.  This 


                                                                   577

 1           program's been around 50 years, and there are 

 2           state mandates and the state reimburses 

 3           schools for the mandates.  By statute, they 

 4           need to be fully reimbursed for the cost of 

 5           the mandated services.  

 6                  Yes, schools depend on them.  Schools 

 7           depend on them for payroll.  Last June, when 

 8           schools were short 4 percent, you know -- 

 9           when the schools are budgeting, they know the 

10           money comes in May and June.  They depend on 

11           that month to make their payroll, and schools 

12           had difficulty.  

13                  IEPs don't really cover special ed.  

14           It still doesn't go into the IEP area, yet 

15           it's the largest source of funding for 

16           nonpublic schools.  And traditionally it's 

17           been funded at the full amount, and again we 

18           are -- you know, we just heard last week from 

19           State Education that when the budget's 

20           enacted they'll be able to fully fund the 

21           shortfall from last year.  

22                  SENATOR CHU:  Thank you.  

23                  CHAIRMAN KRUEGER:  Senator Robert 

24           Jackson.  


                                                                   578

 1                  SENATOR JACKSON:  Well, good evening 

 2           everyone.  It's already seven -- almost 

 3           7 o'clock.  So thank you for coming in.  

 4                  Obviously safety and security is the 

 5           number-one issue.  When people ask me, What 

 6           are your priorities, I say the safety and 

 7           security of the people that I represent, in 

 8           their homes, in our communities -- not just 

 9           one community, but all the communities.  

10                  There's too much violence going on 

11           everywhere, in my opinion.  And I won't get 

12           into the worldwide situation, but -- so I 

13           just wanted to let you know that.  And 

14           whatever can happen to make sure that people 

15           are safe and secure is the most important 

16           thing, so. 

17                  And how much are you asking the state 

18           if they can give, to give?  

19                  MS. ALTFIELD:  To double the NPSE 

20           funding from 45 million to 90 million.  

21                  SENATOR JACKSON:  And that's funding 

22           that they gave to nonpublic schools?  

23                  MS. ALTFIELD:  All nonpublic schools.  

24           It's a per-pupil allocation, so it's given 


                                                                   579

 1           equally to everyone.  

 2                  SENATOR JACKSON:  Let me turn to the 

 3           charter schools.  

 4                  Can you tell me how many students in 

 5           New York City or New York State -- because is 

 6           it for -- are you here representing the 

 7           entire state as far as charter schools are 

 8           concerned?  

 9                  MS. BARKER:  Yes.  My organization 

10           represents the state, and James's represents 

11           the city.  

12                  SENATOR JACKSON:  Okay, so there's two 

13           organizations here representing the state.  

14                  If I can -- later on, I would like to 

15           send you some requests for information as far 

16           as numbers.  And you'd be able to respond on 

17           that, is that correct?  

18                  MS. BARKER:  Yes.  

19                  SENATOR JACKSON:  Okay.  Because I 

20           heard from some superintendents or people 

21           from Syracuse, from Rochester, from Buffalo 

22           on the impact of the percentages of 

23           charter school students and what have you and 

24           so forth, and so ...  


                                                                   580

 1                  And in New York City, I'm going to be 

 2           asking the same thing of you.  

 3                  But I just disagree with the fact that 

 4           New York City is the only city that has to 

 5           pay for charter school space.  In my opinion, 

 6           that is something that happened going back 

 7           when the -- under the Bloomberg 

 8           administration or under the Cuomo 

 9           administration here in government.  And I 

10           don't think that that's right.  

11                  Just like I fight every single day to 

12           make sure that -- even today, in talking 

13           about the cuts that the Governor's putting in 

14           the school.  I'm from New York City.  I 

15           advocate for New York City, but I also 

16           advocate for all children, because all 

17           children deserve a good education.  And I've 

18           said to my colleagues in the Republican 

19           sector of the State Legislature that we have 

20           to work together to try to get that money 

21           restored.  

22                  So I'll be sending you information.  

23                  Thank you.  

24                  CHAIRMAN KRUEGER:  Thank you.  


                                                                   581

 1                  The Senate is closed.  

 2                  ASSEMBLYMAN BENEDETTO:  Then, panel, I 

 3           thank you very much for your testimony.  

 4                  MS. BARKER:  Thank you.  

 5                  MR. MERRIMAN:  Thank you.  

 6                  MS. ALTFIELD:  Thank you.  

 7                  ASSEMBLYMAN BENEDETTO:  It certainly 

 8           was well taken.  And continue to fight the 

 9           good fight.  

10                  Our final panel, but certainly not the 

11           least:  The Alliance for Quality Education; 

12           the New York State Community Schools Network; 

13           the Education Trust-New York; the YMCA of 

14           Greater New York; and YAFFED.  

15                  Now, I'm looking at my paper and I've 

16           got five people -- it threw me off 

17           completely.

18                  (Laughter.) 

19                  ASSEMBLYMAN BENEDETTO:  Okay, we will 

20           begin.  Go ahead.  

21                  MS. MARCOU-O'MALLEY:  Okay.  I think 

22           this is on, right?  

23                  ASSEMBLYMAN BENEDETTO:  Yes, it is.  

24                  MS. MARCOU-O'MALLEY:  Well, thank you, 


                                                                   582

 1           Chairs Krueger, Mayer, Benedetto, for giving 

 2           us this opportunity here.  

 3                  I have a whole testimony written up.  

 4           I have a whole oral part written up.  I am 

 5           not going to repeat all that you heard today.  

 6                  CHAIRMAN KRUEGER:  Tell us your name.  

 7                  MS. MARCOU-O'MALLEY:  My name is 

 8           Marina Marcou-O'Malley, thank you.  

 9                  (Laughter.) 

10                  MS. MARCOU-O'MALLEY:  I am the interim 

11           co-executive director of the Alliance for 

12           Quality Education.  I have been at this for a 

13           while.  This is probably the 15th year that 

14           I've been -- or 16th -- that I've been 

15           sitting here, either listening or giving 

16           testimony.  

17                  So I will just say that it is unreal 

18           to me that I'm again here talking about 

19           Foundation Aid, five months just after the 

20           school year started with full funding.  

21                  You heard everybody reject the 

22           Governor's proposal to change the CPI, to 

23           eliminate the save-harmless, and I will tell 

24           you that -- and you will see this in my 


                                                                   583

 1           testimony -- 50 percent of the cut to 

 2           Foundation Aid is to high-needs districts, 

 3           but it's also to school districts that 

 4           educate 80 percent of Black and brown kids 

 5           and English language learners.  

 6                  That is another layer here that is -- 

 7           that we need to uplift, because they're the 

 8           same kids that we have been shortchanging for 

 9           years, and they're only kids once, so this is 

10           their education.  Let's not go back to what 

11           used to be.  

12                  I will also tell you that -- you've 

13           heard everybody talk about community schools, 

14           how great they are, and talk about how 

15           mayoral control needs to be negotiated 

16           outside the budget.  All of that was done by 

17           our colleagues in the education community, 

18           and we advocate for the same.  

19                  And I would be remiss if I didn't 

20           raise another issue here, even though it is 

21           probably not under your committee's purview, 

22           but it's worth raising.  As a state we have 

23           options.  We have options of raising revenue, 

24           and we need to use them.  Because if we do 


                                                                   584

 1           not invest in our state, then who will?  And 

 2           we need to make sure that we protect those 

 3           who need protecting, like kids first and not 

 4           anyone else.  

 5                  So I would encourage you to think 

 6           about that.  And I am hopeful and encouraged 

 7           to see all of you united against this 

 8           Executive Budget.  It's something that I 

 9           haven't seen before to this extent, and I'm 

10           glad to see it.  So we stand with you.  And 

11           you'll be hearing from us, that's for sure, 

12           and so will the Governor, Senator Jackson, to 

13           your point about organizing.  

14                  So thank you so much for giving me 

15           this opportunity.  

16                  MS. BAYTEMUR:  Good evening, and thank 

17           you for having me here.  

18                  My name is Chelsea Baytemur -- can you 

19           hear me?  

20                  ASSEMBLYMAN BENEDETTO:  Yes.  

21                  MS. BAYTEMUR:  Okay.  Thank you, good 

22           evening.  It's been a long day.  

23                  My name is Chelsea Baytemur, and I am 

24           director of policy and advocacy with the YMCA 


                                                                   585

 1           of Greater New York.  But today I'm here 

 2           actually to represent the Emergency Coalition 

 3           to Save Education Programs, which is made up 

 4           of 160 organizations that have come together, 

 5           as you've heard from some of my colleagues 

 6           earlier, to urge New York State elected 

 7           officials to help us identify funding to 

 8           sustain essential programs that were funded 

 9           with federal stimulus COVID-19 dollars that 

10           are sunset to expire in September.  

11                  So as you've heard all day, the 

12           New York City Department of Education alone 

13           spent around $1 million per year to pay for 

14           supports and programs that are needed in the 

15           long term -- so not just during the crux and 

16           the height of the pandemic, but today, next 

17           year, the year after that.  And some of the 

18           ways that New York City used this funding was 

19           to double the number of young children that 

20           were able to participate in pre-K; hire 

21           450 social workers; increase the number of 

22           community schools from 266 to now 421 -- 

23           which is the first time we've ever had that 

24           many in New York City; supporting 


                                                                   586

 1           Learning-to-Work programs; expanding 

 2           restorative justice; hiring 60 school 

 3           psychologists -- the list goes on and on and 

 4           on.  

 5                  And I know some of you have met with 

 6           members of our coalition throughout the last 

 7           couple of weeks, so you have 

 8           district-specific data available to you.  And 

 9           for those of you that don't, I'm happy to 

10           follow up and share that information.  

11                  So why I'm here today, like 

12           Randi Levine said earlier, we're urging you 

13           for your help to have a substantial amount of 

14           funding go into the education system, not 

15           just for New York City but New York State in 

16           general.  Because it's not just a New York 

17           City problem, it's a New York State problem.  

18           A lot of districts use this funding to 

19           support, again, not just programs that were 

20           needed during the height of the pandemic, but 

21           also to fill in the gaps in other places 

22           where they exist -- whether that was 

23           staffing, whether that was increasing access 

24           or expediting accessibility to some of our 


                                                                   587

 1           most vulnerable communities.  

 2                  And you all have a copy of our call to 

 3           action, and I'm happy to answer any questions 

 4           should you have any.  Thank you.  

 5                  ASSEMBLYMAN BENEDETTO:  Next.  

 6                  MS. MORGAN TETTEH:  Hi, good evening.  

 7           Thank you for the opportunity to testify 

 8           today on behalf of the Community Schools 

 9           Network.  My name is Trudy Morgan, and I'm 

10           the policy director of the New York State 

11           Network for Youth Success.   

12                  I know a lot has been said throughout 

13           the day about community schools, and we know 

14           that community schools play a crucial role in 

15           helping to address barriers that students 

16           face in their learning, health, and overall 

17           well-being by providing holistic and 

18           integrated support of all students.  

19                  It's been over 10 years since the 

20           state invested to scale the community school 

21           strategy through the Community Schools Grant 

22           Initiative.  And building on the success of 

23           the pilot, the state invested funds in the 

24           community school strategy to help struggling 


                                                                   588

 1           and persistently struggling schools.  

 2                  In 2016, the state doubled down on its 

 3           commitment to the community school strategy 

 4           by suggesting the use of the strategy to 

 5           high-needs schools through the community 

 6           schools set-aside.  

 7                  The community schools strategy 

 8           recognizes the needs of the whole child, the 

 9           whole teacher, the whole family, the whole 

10           community, and works to meet those needs in a 

11           collaborative, strategic, and coordinated 

12           way.  This coordination leads to a strong 

13           return on investment, as you heard early on, 

14           of about $7 -- or even up to $14 -- for every 

15           dollar invested in a community schools 

16           coordinator.  

17                  Now, we have bright spots like 

18           P.S. 197 The Ocean School, in Queens, which 

19           has been a community school for almost 

20           10 years now, in partnership with the 

21           Child Center of New York, where the two 

22           organizations function as one.  In just the 

23           first three years, they witnessed a decline 

24           in chronic absenteeism and notable increases 


                                                                   589

 1           in ELA and math state test scores.  

 2                  Yet our investment has flatlined.  We 

 3           haven't seen an additional dollar allocated 

 4           by the state to the community schools 

 5           strategy since 2019.  We want to thank the 

 6           Legislature for including funds in the 

 7           one-house bills in the last two years for 

 8           community schools categorical aid.  But this 

 9           is the year we need to get it into the final 

10           budget.  

11                  Our ask this year is for a 

12           $100 million investment in the community 

13           schools categorical aid to grow bright spots 

14           like P.S. 197.  

15                  No one wants to be forced to do 

16           something they don't want to do and don't 

17           understand.  And not only that, then they 

18           complain about it, they find reasons to 

19           dislike it, they half-heartedly implement it 

20           without fidelity, and call it a field 

21           experiment.  That's why we think this money 

22           should go to districts that not only need the 

23           money most, but want the chance to implement 

24           a community school strategy now.  


                                                                   590

 1                  For that reason, we are asking for 

 2           language that will allow districts to decline 

 3           the funding and send it to the next eligible 

 4           district on the list.  They need a chance to 

 5           say "not yet."  Then these districts that opt 

 6           in can grow, and with the support of the 

 7           community schools technical assistance 

 8           centers they can {unintelligible} methods and 

 9           share their learnings with their peers in 

10           neighboring districts, and over time the 

11           understanding and demand will grow.  And we 

12           ask that the categorical aid grows too.  

13                  All schools deserve the chance to 

14           reach their full potential so all students 

15           can reach theirs.  All students deserve the 

16           opportunity to implement the community school 

17           strategy.  

18                  Thank you.  

19                  ASSEMBLYMAN BENEDETTO:  The Education 

20           Trust.  

21                  MR. SMINK:  Good evening.  My name is 

22           Jeff Smink.  I am the interim executive 

23           director at The Education Trust-New York.  We 

24           are a statewide advocacy organization focused 


                                                                   591

 1           on educational justice and equity for 

 2           students of color and students from 

 3           low-income backgrounds across the state.  

 4                  We really feel that we're at a 

 5           critical crossroads in K-12 education right 

 6           now.  While the pandemic has faded from the 

 7           headlines, we know that our schools, 

 8           students, and families are still feeling the 

 9           effects.  

10                  There was a recent article in the New 

11           York Times about a study from 

12           Stanford University that showed that the gap 

13           between students from rich and poor 

14           communities has widened significantly since 

15           the pandemic, and that the students most at 

16           risk are those in poor districts.  The 

17           article concludes by saying some children may 

18           never catch up and could enter adulthood 

19           without the full set of skills they need to 

20           succeed in the workforce and in life.  

21                  At EdTrust-New York this is something 

22           we're deeply concerned about, particularly 

23           for the students that we care most about.  To 

24           avoid this, we believe that state leaders 


                                                                   592

 1           must act with urgency to ensure that all 

 2           students are provided with the skills and 

 3           resources necessary for future success.  That 

 4           includes but is not limited to evidence-based 

 5           instruction in reading and math, robust 

 6           pathways to post-secondary opportunities 

 7           beginning in middle school, among other 

 8           things.  

 9                  So to help meet this moment, we're 

10           urging legislators to focus on the following 

11           priorities in this budget.  

12                  Starting off, early literacy is our 

13           top priority.  Some of you were at our launch 

14           event earlier this week for the New York 

15           Campaign for Early Literacy, which is a 

16           statewide movement around this issue.  We 

17           believe -- and research supports -- that all 

18           children can learn to read with the right 

19           support.  Yet in New York, less than 

20           40 percent of Black and Hispanic students 

21           were proficient on the last state test in 

22           ELA.  That's unacceptable when we know how to 

23           teach reading.  

24                  And we need to address this by a 


                                                                   593

 1           combination of state and local action that 

 2           ensures schools and teacher preparation 

 3           programs are aligned with the science of 

 4           reading, which is something that's been 

 5           talked about today.  

 6                  We support the Governor's proposal to 

 7           provide $10 million to train educators, but 

 8           we also think that's not enough.  And we urge 

 9           the Legislature to include an additional 

10           $20 million in their one-house budgets that 

11           will provide additional support to meet these 

12           goals around early literacy and the science 

13           of reading.  

14                  We also support high-impact tutoring, 

15           which can be a key intervention to support 

16           academic acceleration in reading and math, 

17           particularly as students continue to recover 

18           from the impact of interrupted instruction.  

19                  It can also level the playing field.  

20           We know that many students in affluent 

21           districts across the state are accessing 

22           private tutoring outside of school, and we 

23           think that all students should have access to 

24           that type of support.  


                                                                   594

 1                  Finally, we're supporting two other 

 2           more post-secondary and high-school-related 

 3           priorities.  One is around universal FAFSA 

 4           completion.  There's several proposals out 

 5           that would do that.  And then, finally, we're 

 6           very supportive of dual-enrollment programs 

 7           that would provide students with 

 8           opportunities to earn college credit in 

 9           high school.  

10                  So thank you.  

11                  ASSEMBLYMAN BENEDETTO:  Thank you.  

12                  And Ms. Weber, we've given you the 

13           honor of being our last testifier today.  

14           Take us home.  

15                  MS. WEBER:  I am honored to be here 

16           and represent YAFFED, as the executive 

17           director of YAFFED.  We're an organization 

18           that advocates for education for 

19           Hasidic children.  

20                  I want to be clear, we advocate for 

21           the yeshivas that have been underperforming, 

22           a large percentage of which was recently 

23           investigated through the Department of 

24           Education.  We're talking about a population 


                                                                   595

 1           of students larger than the entire 

 2           school district in Yonkers and Buffalo 

 3           combined.  Conservative estimates put these 

 4           students between 60,000 and 80,000 across the 

 5           state, in schools that are not providing them 

 6           with any education of what is a sound, basic 

 7           education.  

 8                  I myself am a mother of 10 children, 

 9           all of whom have attended Hasidic yeshivas.  

10           My six boys who attended schools in New York 

11           State were not given the opportunity to get a 

12           high school diploma.  They're all adults; 

13           none of them have a high school diploma.  

14                  I want to bring across three points 

15           during my short testimony.  

16                  Number one, we support the funding of 

17           mandated services in regards to substantial 

18           equivalent education.  Okay?  Schools will 

19           bear the brunt of reporting back to their 

20           local school authorities.  We want the money 

21           to stay in the classrooms, and there should 

22           be funding allocated for this.  

23                  Number two, I want to report to you 

24           that the regulations that were voted on in 


                                                                   596

 1           September 2022 are rolling out, with mixed 

 2           success.  We have heard about schools that 

 3           are upping the quality of their education, 

 4           while others have made it very clear that 

 5           they will not be cooperating.  

 6                  We're concerned about the various 

 7           accreditation agencies that were given the 

 8           right to accredit these schools, and that 

 9           needs to be reviewed carefully, in addition 

10           to other issues with the regulations that we 

11           are working on now to put a memo together to 

12           report back to the Board of Regents.  

13                  There is also an issue that we would 

14           like to bring to your attention.  Many of 

15           these students are functionally illiterate -- 

16           cannot speak, read, or write English.  They 

17           are in high school.  And right now we're 

18           going to -- this new curriculum is going to 

19           be rolling out, which is wonderful, but what 

20           happens to those students who are currently 

21           teenagers and young adults who will not be 

22           able to catch up in time?  We need to provide 

23           for them supports.  Currently at this time 

24           there is nothing available in the entire 


                                                                   597

 1           state that is culturally responsive to these 

 2           students.  

 3                  I have a 22-year-old son.  His friend 

 4           decided he wanted to get a high school 

 5           diploma, went to Brooklyn College, attended 

 6           the first class to get his high school 

 7           equivalency, could not follow along.  

 8                  There are countless stories like that.  

 9           There needs to be something responsive for 

10           these students.  

11                  ASSEMBLYMAN BENEDETTO:  Thank you for 

12           your testimony.  

13                  Let me ask a question, Mr. Smink -- I 

14           got that right?  You gave us stats on reading 

15           and writing and so many people who don't.  Do 

16           you happen to have any stats on those who are 

17           in prison, okay, who cannot read or who have 

18           LD?  

19                  MR. SMINK:  Yes, there's unfortunately 

20           a very clear link between not being able to 

21           read and future incarceration.  There's a 

22           study out showing 85 percent of those in 

23           prison are actually illiterate.  And there's 

24           also a big connection with dyslexia as well.  


                                                                   598

 1                  So absolutely a very, very clear 

 2           connection between those two things.  

 3                  ASSEMBLYMAN BENEDETTO:  Thank you, 

 4           sir.  

 5                  Senate?  

 6                  CHAIRMAN KRUEGER:  Senator Mayer.  

 7                  SENATOR MAYER:  Well, first, thank you 

 8           all for being very patient.  I think the 

 9           value of it is that you heard there really 

10           was a consensus of views about many of the 

11           issues you've raised.  

12                  One thing we didn't talk about which 

13           several of you have raised is both childcare 

14           and early childhood, as a subject that is 

15           really part of the lower education 

16           conversation.  So I know AQE has been active 

17           on that, and I know the consortium.  And I 

18           think all of your groups are talking about 

19           early childhood.  

20                  But I just would encourage you, 

21           because it is mixed in with education from 

22           our -- the way we have it divided here in the 

23           Legislature -- to make sure that this voice 

24           is heard to our Children and Families 


                                                                   599

 1           Committee as well as the Education Committee, 

 2           so that the issues of early childhood are 

 3           included in the budget conversation as well.  

 4                  And then -- so for my friend Beatrice 

 5           Weber, I wonder if you had any conversation 

 6           or insight into the situation in East Ramapo, 

 7           where the traditional public schools are 

 8           facing substantial financial challenges.  And 

 9           the Jewish schools also have their challenges 

10           as well, but there is a long-term structural 

11           problem there that we really have to address.  

12                  And I wonder if you have any insight 

13           into that.  

14                  MS. WEBER:  So we've been having 

15           ongoing conversation with activists in that 

16           district.  We believe that all students are 

17           suffering there.  

18                  We have the -- you know, the schools, 

19           the students in yeshivas, a large percentage 

20           of them are not getting the sound basic 

21           education.  And the public school students 

22           who we've heard horrific -- a horrific 

23           situation:  The lead in the water, they can't 

24           drink the school water; they have to go to 


                                                                   600

 1           high school for six years in order to be able 

 2           to graduate because there are not enough 

 3           teachers.  

 4                  We believe this is an issue that needs 

 5           to be dealt with holistically, and that's why 

 6           we're in very close conversation and have 

 7           joined some coalitions working on the issue 

 8           there.  There's a lot of suggestions in terms 

 9           of what needs to be done and how it can be 

10           done, and we're in conversation to see how we 

11           can help and ensure that all students in that 

12           district, the 75 percent of the yeshiva 

13           students, 35,000, and then the public school 

14           students as well.  

15                  SENATOR MAYER:  Thank you.  

16                  ASSEMBLYMAN BENEDETTO:  Chairman 

17           Santabarbara.  

18                  ASSEMBLYMAN SANTABARBARA:  Thanks, 

19           everyone, for being here.  I know it's been a 

20           long day.  I thank you for your testimony.  

21                  I want to give a shout out to the 

22           YMCA.  We're meeting with you guys I think 

23           next week in our office.  But in Schenectady 

24           County, we love our YMCA.  We rely on 


                                                                   601

 1           you guys for so many programs.  And I was 

 2           just looking through the website earlier -- 

 3           you're running the camps, health and fitness 

 4           programs, and all of the events you guys are 

 5           always there sponsoring and being a part of 

 6           the community.  So I want to thank you for 

 7           that.  

 8                  But I also want to ask you, you know, 

 9           how the programs look.  I know there were 

10           some locations that either had to close down 

11           temporarily or haven't reopened yet, even, 

12           stemming off the COVID period.  

13                  What are -- are the programs back 

14           online?  How are we doing across the state, 

15           and what could we do in the budget to help?  

16                  MS. BAYTEMUR:  Thank you for your love 

17           of the Y.  Always good to hear.  

18                  So I represent New York City's YMCA, 

19           so all 24 branches across the boroughs.  I'm 

20           definitely happy to get back to you with some 

21           stats from across the state.  We love all of 

22           our Ys, but I can only speak to the 24 in the 

23           five boroughs.  

24                  ASSEMBLYMAN SANTABARBARA:  Oh, all 


                                                                   602

 1           right.  All right.  

 2                  MS. BAYTEMUR:  But still -- we love 

 3           the excitement.  

 4                  ASSEMBLYMAN SANTABARBARA:  We still 

 5           love our Y.  Thank you.  Thank you.  

 6                  MS. BAYTEMUR:  Thank you.  

 7                  CHAIRMAN KRUEGER:  Senator Liu.  

 8                  SENATOR LIU:  Thank you, Madam Chair.  

 9                  I just wanted to thank them for 

10           staying with us for the entire hearing.  

11           You're last, but certainly not least.  

12                  And by the way, we're about three 

13           hours earlier than normal.

14                  (Laughter.) 

15                  SENATOR LIU:  So congratulations.  

16                  And congratulations to you, Marina, 

17           for taking on the helm of AQE.  

18                  MS. MARCOU-O'MALLEY:  Along with the 

19           kids.  

20                  SENATOR LIU:  Along with the kids.  

21                  Say hello to Zakiyah.

22                  (Laughter.) 

23                  ASSEMBLYMAN BENEDETTO:  Assemblymember 

24           Simon, did I see your hand up?  


                                                                   603

 1                  ASSEMBLYWOMAN SIMON:  You did.  

 2                  Just to prolong the torture of your 

 3           being here.  

 4                  (Laughter.)

 5                  ASSEMBLYWOMAN SIMON:  So I want to 

 6           thank all of your for you testimony.  

 7                  I want to thank you, Marina, for the 

 8           great briefing you did on the budget, and 

 9           clearly everybody agrees with you.  

10                  And community schools, we love it, we 

11           just need more of them.  

12                  So EdTrust, I guess one of the 

13           questions I have is I know you're doing a 

14           large campaign and reaching out to people and 

15           parents to get them to sign on.  What are you 

16           going to be doing with that information?  

17                  Once you get -- let's say you get 

18           100,000 people signing up, what will you do 

19           then?  How will you be able to partner with 

20           those of us who are sort of moving that goal 

21           forward both legislatively and otherwise?  

22                  MR. SMINK:  Absolutely.  Yes, so we 

23           have over 80 partners right now across the 

24           state, New York City to Buffalo, and really 


                                                                   604

 1           anticipate we'll be doing monthly meetings, 

 2           sharing best practices, but also hopefully 

 3           equipping them so that they're able to meet 

 4           with their Assemblymembers, with their 

 5           Senators, you know, throughout the process, 

 6           both to advocate at the state level but also 

 7           to advocate at the local level for their 

 8           school districts, with their community 

 9           partners.  

10                  So we're really excited to bring them 

11           all together.  And there's a lot of silos, a 

12           lot of partners, and they've never -- we've 

13           never really brought them all together.  And 

14           to Senator Mayer's point, we also have early 

15           childhood folks, we have summer and 

16           after-school folks, so it's really a holistic 

17           group.  

18                  ASSEMBLYWOMAN SIMON:  May I suggest an 

19           ambassador corps, people in the schools doing 

20           this work -- 

21                  MR. SMINK:  Yes.  Absolutely.  

22                  SENATOR MAYER:  -- that know that, can 

23           help communicate -- 

24                  MR. SMINK:  Yes.  Absolutely.  


                                                                   605

 1                  SENATOR MAYER:  -- in a different way, 

 2           that'll be excellent.  

 3                  MR. SMINK:  Absolutely.  And we have 

 4           teachers, superintendants, that -- we were 

 5           talking just about that earlier, yes.  

 6                  ASSEMBLYWOMAN SIMON:  Thank you.  

 7                  MR. SMINK:  Thank you.  

 8                  CHAIRMAN KRUEGER:  Senator Robert 

 9           Jackson.  

10                  SENATOR JACKSON:  Thank you all for 

11           hanging in there.  

12                  Jeff, I just had a question.  I think 

13           that you had mentioned in your 

14           presentation that -- is it the ask of 

15           $10 million, or double that, is that correct?  

16                  MR. SMINK:  Triple, technically.  

17                  (Laughter.) 

18                  MR. SMINK:  An additional $20 million 

19           on top of the 10.  

20                  SENATOR JACKSON:  And where would that 

21           be used at, overall?  In what geographical 

22           area?  

23                  MR. SMINK:  So all across the state.  

24           And specifically, we'd want to expand on the 


                                                                   606

 1           professional learning.  I think the current 

 2           investment would serve about 20,000 

 3           elementary teachers, which is about a third 

 4           of the state.  So we want to expand that.  

 5                  And then we'd also be interested in 

 6           providing grants to school districts to 

 7           purchase evidence-based instructional 

 8           resources, particularly if they're already 

 9           using non-evidence-based resources.  

10                  SENATOR JACKSON:  And if I wanted to 

11           know more about the Education Trust, what's 

12           the website?  

13                  MR. SMINK:  It's "edtrustny.org".  

14           "E-D-Trust" -- 

15                  SENATOR JACKSON:  "E-D-Trust"?  

16                  MR. SMINK:  "NY.org".  

17                  SENATOR JACKSON:  I'm sorry.  Say that 

18           again. 

19                  (Laughter.) 

20                  MR. SMINK:  That's no problem.  So 

21           add, like, "ED."  

22                  SENATOR JACKSON:  "ED."  

23                  MR. SMINK:  And then "Trust," 

24           T-R-U-S-T.  


                                                                   607

 1                  SENATOR JACKSON:  Okay.  

 2                  MR. SMINK:  Then "NY," all one word, 

 3           ".org".  Dot-org.  

 4                  SENATOR JACKSON:  Okay.  

 5                  And Chelsea, with respect to -- you 

 6           said you represent nearly -- you're here for 

 7           the entire state, but you represent really 

 8           New York City, right?  

 9                  MS. BAYTEMUR:  Right.  I'm from the 

10           YMCA of Greater New York, but I'm here today 

11           representing the Emergency Coalition to Save 

12           Education Programs that Randi Levine 

13           mentioned earlier.

14                  SENATOR JACKSON:  Oh, okay.

15                  MS. BAYTEMUR:  So the Y is one of the 

16           160 organizations that signed on.  So you 

17           might see me a lot, I wear a lot of hats.  

18           I'm from the Y, but --

19                  (Laughter.) 

20                  SENATOR JACKSON:  I got the 

21           information.  And there's a website also that 

22           shows all of the organizations and more 

23           information.  

24                  And the same question for you, Trudy.  


                                                                   608

 1           New York State Community School Network, is 

 2           there an ask?  And what's the ask?  

 3                  MS. MORGAN TETTEH:  Yes.  So we are 

 4           asking for $100 million in categorical aid.  

 5                  (Laughter.) 

 6                  MS. MORGAN TETTEH:  For a start, yes, 

 7           that's what we're asking for.  

 8                  SENATOR JACKSON:  One hundred million 

 9           dollars -- I'm sorry, go ahead.  

10                  MS. MORGAN TETTEH:  In categorical aid 

11           for community schools.  

12                  SENATOR JACKSON:  Okay.  

13                  And Beatrice, let me ask you, you know 

14           my involvement with YAFFED -- I've said that 

15           any institution that is falsely certifying 

16           that they're providing a holistic education, 

17           that they should, you know, basically cut off 

18           their funds because they're not telling the 

19           truth.  They're committing fraud if in fact 

20           they're receiving money and saying they're 

21           doing something and they're not.  

22                  But I know your aim is to make sure 

23           that your children -- the children that you 

24           represent, and all, have the type of 


                                                                   609

 1           education so they can take care of themselves 

 2           and their families.  

 3                  MS. WEBER:  Absolutely.  It would be 

 4           devastating if the schools aren't able to 

 5           continue doing their good work.  They do work 

 6           in communities.  It's important that the 

 7           education that they provide be culturally 

 8           responsive, but they also need to provide a 

 9           sound, basic education.  

10                  And we know that's possible because 

11           there are many schools of all religions 

12           across the state providing a good education 

13           within their religious context.  

14                  ASSEMBLYMAN BENEDETTO:  Thank you, 

15           Ms. Weber.  

16                  CHAIRMAN KRUEGER:  Thank you.  

17                  Assembly?  

18                  ASSEMBLYMAN BENEDETTO:  Ms. Pheffer 

19           Amato.  

20                  ASSEMBLYWOMAN PHEFFER AMATO:  Thank 

21           you.  Thank you, everybody.  

22                  First, Trudy, thank you for the shout 

23           out.  P.S. 197 is in my district, it's my 

24           school, I work there, and the childcare 


                                                                   610

 1           center does amazing work on the peninsula.  

 2           So thanks for giving them a shout out.  And I 

 3           think 100 million is just fine -- 

 4                  (Laughter.) 

 5                  ASSEMBLYWOMAN PHEFFER AMATO:  -- to 

 6           community schools.  So thank you for that, 

 7           and I believe in them.  So let's fund them.  

 8                  Ms. Weber, if I could just ask you, 

 9           you referenced yeshivas that fail.  What do 

10           you say about the yeshivas that succeed?  To 

11           me, it's rhetoric about -- that appears to 

12           imply that Jewish schools are failures, but 

13           schools in my district thrive.  So why do you 

14           paint such a broad stroke?  

15                  MS. WEBER:  I specifically point out 

16           that we represent the yeshivas that don't 

17           perform well, and in fact our hope is -- 

18                  ASSEMBLYWOMAN PHEFFER AMATO:  (Mic 

19           off; inaudible.) 

20                  MS. WEBER:  We represent the children 

21           in those schools.  And in fact our hope is 

22           that the yeshivas that are performing well 

23           will provide insight, input, and coaching and 

24           training to those schools who are not doing 


                                                                   611

 1           well.  

 2                  And I think the fact that there are 

 3           yeshivas that are doing well, where you have 

 4           the boys that are taking Regents Exams and 

 5           doing well on those exams, that should be a 

 6           model for all yeshivas across the state.  And 

 7           that is -- that is my hope.  

 8                  ASSEMBLYWOMAN PHEFFER AMATO:  I agree.  

 9           The Regents are working on that, right?  

10           That's with the new equivalency.  And I think 

11           they've offered to work with all of those 

12           schools, PEARLS and other groups have offered 

13           to tutor.  And if you're not doing your job 

14           right, then funding shouldn't be there for 

15           you, just like any public or other nonpublic 

16           schools.  

17                  MS. WEBER:  Absolutely.  I think -- I 

18           think the idea that religious schools, 

19           Jewish schools across the state, the ones we 

20           specifically work on, the Hasidic schools 

21           that are currently not providing a sound, 

22           basic education, start doing that.  In a 

23           similar model to some of the schools in your 

24           district, that would be wonderful.  And 


                                                                   612

 1           that's what we hope for.  

 2                  ASSEMBLYWOMAN PHEFFER AMATO:  I just 

 3           think that rhetoric just, you know, promotes 

 4           antisemitism in that when we don't give the 

 5           full picture to say, yes, schools are 

 6           achieving and some schools are failing.  Just 

 7           like in the New York City school system.  You 

 8           just quoted numbers that schools are failing.  

 9           So let's just paint it so people have a full 

10           understanding of the possibility that it's 

11           not just Hasidic schools that are failing.  

12                  MS. WEBER:  It's a percentage of the 

13           schools.  A significant percentage of the 

14           yeshivas.  

15                  But again, I agree with you.  Some of 

16           the yeshivas in this state are from the top 

17           schools, and I wish -- I wish that my 

18           children could have benefited from a top 

19           education, but they did not, because many of 

20           the schools do not.  

21                  Many of the yeshivas are not providing 

22           a sound, basic education.  And should be, 

23           again, similarly to what you have in your 

24           school district.  But that's not what's 


                                                                   613

 1           taking place in many communities.  In 

 2           Williamsburg, in Borough Park, in Monsey, in 

 3           Kiryas Joel, in those schools, those 

 4           students -- you have high school students 

 5           that cannot read and write English.  

 6                  That is not acceptable, okay?  When I 

 7           speak up for these children, that has nothing 

 8           to do with antisemitism, does not stoke 

 9           antisemitism.  In fact, I speak up on behalf 

10           of these children.  I speak up for the 

11           well-being of these children.  And I am 

12           grateful that the Board of Regents -- 

13                  (Time clock chiming.)

14                  ASSEMBLYWOMAN PHEFFER AMATO:  Finish.  

15                  ASSEMBLYMAN BENEDETTO:  Thank you, 

16           Ms. -- 

17                  MS. WEBER:  -- took on their cause and 

18           developed a system by which the local school 

19           authorities will know how to deal with these 

20           schools and make sure that they are compliant 

21           with the law.  

22                  ASSEMBLYMAN BENEDETTO:  Thank you, 

23           Ms. -- 

24                  ASSEMBLYWOMAN PHEFFER AMATO:  I look 


                                                                   614

 1           forward to advocating with you.  

 2                  ASSEMBLYMAN BENEDETTO:  -- Ms. Weber.  

 3           I appreciate -- did a -- 

 4                  (Off the record.)

 5                  ASSEMBLYWOMAN PHEFFER AMATO:  I feel 

 6           like you're in a bar and the lights are going 

 7           to flicker and we're going to be -- "Last 

 8           call," "Last call".  

 9                  (Laughter.) 

10                  ASSEMBLYWOMAN PHEFFER AMATO:  Last 

11           call, Mike.  

12                  Sorry, Senator.  

13                  (Laughter.) 

14                  CHAIRMAN KRUEGER:  I do want to thank 

15           all of you for being here and for your -- 

16                  (Time clock chiming; laughter.) 

17                  CHAIRMAN KRUEGER:  Who's your friend 

18           every day in these budget hearings?  Yo.  

19                  (Laughter.) 

20                  CHAIRMAN KRUEGER:  Sorry.  I wanted to 

21           thank all of you for your very important 

22           work.  

23                  And yes, the theme is making sure that 

24           all of our schools are providing the 


                                                                   615

 1           education our children deserve and need.  

 2                  And I, as a Jew, have worked with 

 3           YAFFED.  I can guarantee you they are not 

 4           antisemitic.  That there are many great 

 5           Jewish day schools and yeshivas in this, the 

 6           City of New York and the State of New York.  

 7                  But there is a real issue out there, 

 8           and the Board of Regents has confirmed it.  

 9           The City of New York, through audits, even 

10           then it took 100 years, has finally confirmed 

11           it.  We did put new rules into place.  

12                  And I think what YAFFED is here 

13           saying, or Beatrice is here saying on behalf 

14           of her organization, is we need to make sure 

15           that this gets done correctly.  Because the 

16           fact is that we do have generations of 

17           children -- not just in yeshiva schools, but 

18           in other schools as well -- that are not 

19           getting the education they not only deserve, 

20           but they need, if they hope to accomplish 

21           anything and not spend their lives in poverty 

22           and without opportunities for themselves and 

23           their families.  

24                  So she has a hard job.  I've seen it 


                                                                   616

 1           over and over again.  But I'm very glad -- as 

 2           they all do; I didn't mean to diss anyone.  

 3           But we have to help make sure that we are 

 4           doing the right thing for everyone's children 

 5           and that we're using state money 

 6           appropriately.  

 7                  So with that, I also, I think on 

 8           behalf of the Senate, want to thank you all 

 9           for being the last panel and for sticking it 

10           out with us all day.  

11                  (Scattered applause.)  

12                  CHAIRMAN KRUEGER:  So thank you very 

13           much.  

14                  ASSEMBLYMAN BENEDETTO:  Thank you.  

15                  Last panel, congratulations.  Thank 

16           you very much for being here.  We appreciate 

17           it.  And continue to do the good work that 

18           you do.  

19                  On behalf of the State Legislature, we 

20           will end this round of the 2024 Education 

21           hearings, and we thank all the panelists for 

22           sticking all day through.  It's been a long 

23           day, but it's been a good day.  

24                  CHAIRMAN KRUEGER:  Thank you.  


                                                                   617

 1                  ASSEMBLYMAN BENEDETTO:  Adjourned.  

 2           Thank you.  

 3                  CHAIRMAN KRUEGER:  Thank you for being 

 4           the guest star.  

 5                  ASSEMBLYMAN BENEDETTO:  Thank you.  We 

 6           did great.

 7                  (Whereupon, the budget hearing 

 8           concluded at 7:32 p.m.)

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