STATE OF NEW YORK ________________________________________________________________________ 9817--A IN ASSEMBLY April 9, 2024 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 18 of the laws of 2020 authorizing the commis- sioner of education to appoint a monitor to oversee the Wyandanch union free school district and establishing the powers and duties of the monitor, in relation to extending the powers of the monitor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4 of chapter 18 of the laws of 2020 authorizing the 2 commissioner of education to appoint a monitor to oversee the Wyandanch 3 union free school district and establishing the powers and duties of the 4 monitor, is amended by adding three new subdivisions 3, 4 and 5 to read 5 as follows: 6 3. In the event that the monitor or monitors find that an adopted 7 resolution or motion, a proposed resolution or motion, or that the 8 board's failure to act violates state law, the rules of the board of 9 regents, the regulations of the commissioner, or is inconsistent with 10 the terms of the long term strategic academic and fiscal improvement 11 plan, the monitor or monitors may: 12 (a) Override adopted or proposed resolutions or motions by the board 13 through the issuance of a directive which shall contain the specific 14 findings as to the necessity of such override and any potential correc- 15 tive action by the board that would address the deficiency in such 16 adopted or proposed resolution or motion. The monitor or monitors shall 17 provide written notice to the board, superintendent and commissioner of 18 their intention to override the adopted or proposed resolution or motion 19 at any time but in no event later than 48 hours after such resolution or 20 motion was adopted by the board unless the commissioner has extended the 21 period to override due to extenuating circumstances that necessitate 22 additional time. The override notice shall stay the proceedings of the 23 board on such adopted resolution or motion or, if the notice is provided 24 prior to action by the board, it shall remove such proposed resolution 25 or motion from consideration by the board pending the issuance of a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14617-03-4
A. 9817--A 2 1 directive by the monitor or monitors. The monitor or monitors must 2 submit the directive to the board, superintendent and the commissioner 3 no later than 10 days following notice of such override. Upon the issu- 4 ance of a directive, the override of the board's adopted or proposed 5 resolution or motion shall be final and conclusive unless the monitor or 6 monitors fail to issue such directive within 10 days or within such 7 period established by the monitor or monitors if the period was 8 extended, withdraws such override, or the commissioner overrules the 9 monitor or monitors' override within 10 days of the issuance of the 10 directive. The monitor or monitors may extend the period to submit such 11 directive, at intervals of 10 additional days for each extension, if the 12 board, superintendent or school district employees fail to provide all 13 relevant information requested by the monitor or monitors related to the 14 adopted or proposed resolution or motion subject to such override within 15 48 hours of such request. 16 (b) The resolution shall be submitted to the clerk no later than 48 17 hours prior to the next scheduled board meeting who shall cause the 18 resolution to be placed on the next board meeting agenda and a copy to 19 be issued to the board, superintendent and commissioner accompanied by 20 specific findings as to the necessity of such resolution. The monitor or 21 monitors may direct the board to meet at a date prior to the next sched- 22 uled board meeting to take up such resolution. The monitor or monitors 23 may withdraw the resolution prior to, or during, the next board meeting, 24 if the board takes sufficient action to resolve the issues contained in 25 the resolution. If the resolution is not withdrawn, it shall be deemed 26 to be adopted at the next board meeting through its submission and shall 27 have the full force and effect as any other resolution adopted by the 28 board. 29 (c) The monitor or monitors shall not override an adopted or proposed 30 resolution or motion or submit a resolution related to collective 31 bargaining agreements negotiated in accordance with article 14 of the 32 civil service law. 33 4. The monitor or monitors may direct the board, superintendent, 34 and/or other school district officers to undergo any training as deemed 35 necessary and pursuant to timelines established by the state monitor or 36 monitors. 37 5. The monitor or monitors shall have the power to approve or disap- 38 prove the appointment of a superintendent by the board of education on 39 or after the effective date of this act. The board shall submit the 40 recommendation for superintendent to the monitor or monitors for 41 approval. The monitor or monitors shall have 10 days to approve or 42 disapprove the board's recommendation. If after such period no action is 43 taken by the monitor or monitors, the recommendation for superintendent 44 shall be deemed approved. If the monitor or monitors disapproves of the 45 appointment, then the board shall recommend a new candidate for the 46 monitor or monitors to approve or disapprove until an appointment is 47 approved by the monitor or monitors. In the event that a vacancy occurs 48 in the position of superintendent due to the disapproval of a recommen- 49 dation, the monitor or monitors may appoint a current school employee as 50 interim superintendent until a recommendation for superintendent is 51 approved. 52 § 2. Chapter 18 of the laws of 2020 authorizing the commissioner of 53 education to appoint a monitor to oversee the Wyandanch union free 54 school district and establishing the powers and duties of the monitor, 55 is amended by adding a new section 7-a to read as follows:
A. 9817--A 3 1 § 7-a. Academic improvement plan. 1. No later than November 1, 2024, 2 the board of education and the monitor shall develop an academic 3 improvement plan for the district's 2024--2025 school year and the four 4 subsequent school years. The academic improvement plan shall contain a 5 series of programmatic recommendations designed to improve academic 6 performance over the period of the plan in those academic areas that the 7 commissioner deems to be in need of improvement which shall include 8 addressing the provisions contained in any action plan set forth by the 9 department. 10 2. If the board of education and the monitor agree on all the elements 11 of the proposed academic improvement plan, the board of education shall 12 conduct a public hearing on the plan and consider the input of the 13 community. The proposed academic improvement plan shall be made public 14 on the district's website at least 3 business days before such public 15 hearing. Once the proposed academic improvement plan has been approved 16 by the board of education, such plan shall be submitted by the monitor 17 to the commissioner for approval and shall be deemed approved for the 18 purposes of this act. 19 3. If the board of education and the monitor do not agree on all the 20 elements of the proposed academic improvement plan, the board of educa- 21 tion shall conduct a public hearing on the proposed plan that details 22 the elements of disagreement between the monitor and the board, includ- 23 ing documented justification for such disagreements and any requested 24 amendments from the monitor. The proposed academic improvement plan, 25 elements of disagreement, and requested amendments shall be made public 26 on the district's website at least 3 business days before such public 27 hearing. After considering the input of the community, the board may 28 alter the proposed academic improvement plan and the monitor may alter 29 his or her requested amendments, and the monitor shall submit the 30 proposed academic improvement plan, such monitor's amendments to the 31 plan, and documentation providing justification for such disagreements 32 and amendments to the commissioner no later than December 1, 2024. By 33 January 15, 2025, the commissioner shall approve the proposed plan with 34 any of the monitor's proposed amendments, or make other modifications, 35 such commissioner deems appropriate. The board of education shall 36 provide the commissioner with any information such commissioner requests 37 to approve such plan within 3 business days of such request. Upon the 38 approval of such commissioner, the academic improvement plan shall be 39 deemed approved for purposes of this act. 40 § 3. This act shall take effect immediately; provided, however, that 41 the amendments to chapter 18 of the laws of 2020 authorizing the commis- 42 sioner of education to appoint a monitor to oversee the Wyandanch union 43 free school district and establishing the powers and duties of the moni- 44 tor, made by sections one and two of this act shall not affect the expi- 45 ration of such chapter and shall expire and be deemed repealed there- 46 with.