STATE OF NEW YORK ________________________________________________________________________ S. 6559 A. 8403 2019-2020 Regular Sessions SENATE - ASSEMBLY June 16, 2019 ___________ IN SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print- ed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by M. of A. RAYNOR -- read once and referred to the Committee on Education AN ACT authorizing the commissioner of education and the chancellor of the board of regents, with the approval of the board of regents, to appoint monitors to oversee the Hempstead union free school district; and providing for the repeal of such provisions upon expiration there- of The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Definitions. As used in this act: 2 (a) "commissioner" shall mean the commissioner of education; 3 (b) "department" shall mean the state education department; 4 (c) "board of education" or "board" shall mean the board of education 5 of the Hempstead union free school district; 6 (d) "school district" or "district" shall mean the Hempstead union 7 free school district; 8 (e) "superintendent" shall mean the superintendent of the Hempstead 9 union free school district; 10 (f) "comptroller" shall mean the state comptroller; and 11 (g) "relatives" shall mean a Hempstead union free school district 12 board member's spouse, domestic partner, child, stepchild, stepparent, 13 or any person who is a direct descendant of the grandparents of the 14 current board member or of the board member's spouse or domestic part- 15 ner. 16 § 2. Appointment of a panel of monitors. (a) A panel of three monitors 17 shall be appointed pursuant to this section for the purpose of providing 18 oversight of the school district. The commissioner, with the approval of 19 the board of regents, shall appoint two monitors to provide oversight, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13389-04-9S. 6559 2 A. 8403 1 guidance and technical assistance related to the educational policies, 2 practices, programs and decisions of the school district, the board of 3 education and the superintendent. The comptroller shall appoint one 4 monitor to provide oversight, guidance and technical assistance on 5 fiscal policies, practices, programs and decisions of the school 6 district, the board of education and the superintendent. 7 (b) The monitors shall be non-voting ex-officio members of the school 8 board. The monitors shall be individuals who are not residents, employ- 9 ees of the school district or relatives of board members of the school 10 district at the time of their appointment. The monitor appointed by the 11 comptroller shall have experience in the school district finances. The 12 monitors appointed by the commissioner, to the extent practicable, shall 13 have experience in more than one of the following areas: 14 (i) elementary and secondary education; 15 (ii) the operation of school districts in New York; 16 (iii) educating students with disabilities; and 17 (iv) educating English language learners. 18 (c) The cost of the monitors shall be borne by the state and not be a 19 charge against the school district. Monitors shall be paid a salary as 20 well as actual and necessary expenses and travel related to their 21 duties. 22 § 3. Meetings. (a) The monitors shall be entitled to attend all meet- 23 ings of the board, including executive sessions; provided however, such 24 monitors shall not be considered for purposes of establishing a quorum 25 of the board. The school district shall fully cooperate with the moni- 26 tors including but not limited to providing such monitors with access to 27 any necessary documents and records of the district including access to 28 electronic information systems, databases and planning documents, 29 consistent with all applicable state and federal statutes including but 30 not limited to Family Educational Rights and Privacy Act (FERPA) (20 31 U.S.C. §1232g) and section 2-d of the education law. 32 (b) The board, in consultation with the monitors, shall adopt a 33 conflict of interest policy that complies with all existing applicable 34 laws and regulations that ensures its board members and administration 35 act in the school district's best interest and comply with applicable 36 legal requirements. The conflict of interest policy shall include but 37 not be limited to: 38 (i) a definition of the circumstances that constitute a conflict of 39 interest; 40 (ii) procedures for disclosing a conflict of interest to the board; 41 (iii) a requirement that the person with the conflict of interest not 42 be present at or participate in board deliberations or votes on the 43 matter giving rise to such conflict, provided that nothing in this 44 subdivision shall prohibit the board from requesting that the person 45 with the conflict of interest present information as background or 46 answer questions at a board meeting prior to the commencement of delib- 47 erations or voting relating thereto; 48 (iv) a prohibition against any attempt by the person with the conflict 49 to influence improperly the deliberation or voting on the matter giving 50 rise to such conflict; and 51 (v) a requirement that the existence and resolution of the conflict be 52 documented in the board's records, including in the minutes of any meet- 53 ing at which the conflict was discussed or voted upon. 54 § 4. Academic improvement and financial plans. (a) The academic 55 improvement plan and the financial plan shall be developed by the 56 district in accordance with the shared decision making committee asS. 6559 3 A. 8403 1 defined in Part 100.11 of the commissioner's regulations and approved by 2 the monitors. The academic improvement plan shall contain a series of 3 programmatic recommendations designed to improve academic performance 4 over the period of the plan in those academic areas that the commission- 5 er and board of regents deem to be in need of improvement. Such plan may 6 include potential expenditure initiatives but all such expenditures 7 shall be incorporated within the financial plan as specified by this 8 act. 9 (b) The financial plan shall ensure with respect to the major operat- 10 ing funds for each school year that annual aggregate operating expenses 11 shall not exceed annual aggregate operating revenues. The financial plan 12 and each financial plan modification shall provide that the major oper- 13 ating funds of the district be balanced in accordance with generally 14 accepted accounting principles. The financial plan shall include state- 15 ments of all estimated revenues, expenditures, and cash flow projections 16 of the district. 17 (c) No later than November first, two thousand nineteen, the district 18 shall submit to the monitors both the academic improvement plan and 19 financial plan for their review and approval. Such plans shall cover the 20 district's two thousand nineteen--two thousand twenty school year and 21 the four subsequent school years. Prior to adopting the plans and 22 submitting the plans to the monitors for review and approval, the board 23 of education shall conduct a public hearing on the plans and consider 24 the input of the community. The proposed plans shall be made public on 25 the district's website at least three business days before such public 26 hearing. No later than fifteen days after submission, the monitors 27 shall approve or veto the plans. In the event the monitors disapprove 28 either plan, the monitors shall provide the board of education written 29 notice of its reasons for disapproval. Within fifteen days from the 30 receipt of such notice, the board of education shall amend the proposed 31 plans consistent with the monitors' recommendations and resubmit it to 32 the monitors. If the monitors do not approve of such amended plan, the 33 monitors shall impose a plan of their own formulation. 34 § 5. Fiscal and operational oversight. (a) The board of education 35 shall annually submit the school district's proposed budget for the next 36 succeeding school year to the monitors no later than 45 days before the 37 date scheduled for the school district's budget vote. The monitors 38 shall review the proposed budget to ensure that it is balanced within 39 the context of revenue and expenditure estimates and mandated programs. 40 The monitors shall also review the proposed budget to ensure that it, to 41 the greatest extent possible, is consistent with the district academic 42 improvement plan and financial plan developed and adopted pursuant to 43 this act. The monitors shall present their findings to the board of 44 education no later than 30 days prior to the date scheduled for the 45 school district's budget vote. The board of education, with the 46 approval of the monitors, shall make amendments to the proposed budget 47 consistent with any recommendations made by the monitors. The school 48 district shall make available on the district's website: the initial 49 proposed budget, the monitors' findings, and the final proposed budget 50 prior to the date of the school district's budget vote. Nothing herein 51 shall be construed to abrogate the duties and responsibilities of the 52 school district consistent with applicable state law and regulations. 53 (b) The district shall provide quarterly reports to the panel of moni- 54 tors, and annual reports to the commissioner, board of regents and comp- 55 troller on the fiscal and operational status of the school district. In 56 addition, the monitors shall provide an annual report to the commission-S. 6559 4 A. 8403 1 er, board of regents, and comptroller on all contracts that the district 2 entered into throughout the year. 3 (c) The comptroller shall annually conduct a general fiscal audit of 4 the school district, and the school district shall post the comp- 5 troller's audit and the board's response on the district's website. 6 (d) The monitors shall have the authority to approve or disapprove the 7 appointment of a current or future superintendent by the board of educa- 8 tion. 9 (e) The monitors shall have the authority to approve or deny all trav- 10 el outside the district paid for by the district. 11 (f) The monitors shall have authority to approve or deny all contracts 12 and expenditures of the district, except for collective bargaining 13 agreements negotiated in accordance with article 14 of the civil service 14 law. 15 (g) The monitors shall arbitrate any conflicts between the superinten- 16 dent and the board of education and among the members of the board of 17 education. 18 § 6. This act shall take effect immediately and shall expire and be 19 deemed repealed on and after June 30, 2024.