STATE OF NEW YORK ________________________________________________________________________ 6712--A 2023-2024 Regular Sessions IN SENATE May 5, 2023 ___________ Introduced by Sens. JACKSON, FERNANDEZ -- read twice and ordered print- ed, and when printed to be committed to the Committee on Finance -- recommitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT establishing a New York State Sound Basic Education Commission to study current educational needs and recommend a new foundation aid formula which will provide all students in the state a meaningful opportunity for a sound basic education in a cost efficient manner; and making an appropriation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. Article XI, section 1 of the New York 2 state constitution guarantees all students in the state of New York a 3 meaningful opportunity for a sound basic education. The legislature and 4 the regents have enacted laws, regulations and standards that set forth 5 the goals and educational practices that are necessary to provide all 6 students with a meaningful opportunity for a sound basic education. 7 Specifically, in 2007, the legislature adopted a foundation aid formula 8 in response to the decision of the Court of Appeals in Campaign for 9 Fiscal Equity (CFE) v. State of New York that was calculated to appro- 10 priate sufficient funding, on an equitable basis, to provide all 11 students in the state a meaningful opportunity for a sound basic educa- 12 tion. 13 Because educational needs, standards, and practices and student demo- 14 graphics have changed substantially since 2007, particularly in light of 15 the radical educational disruption caused by the pandemic, the legisla- 16 ture finds that it is necessary and appropriate to establish a standing 17 sound basic education commission to analyze current educational needs 18 and to recommend to the governor, the legislature and the regents, a new 19 foundation aid formula that will provide sufficient funding, distributed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08937-04-4
S. 6712--A 2 1 in an equitable manner, to provide all students in the state a meaning- 2 ful opportunity for a sound basic education, effective for the 2025-2026 3 school year. Thereafter, in order to assess the workings of the new 4 formula and account for changing educational needs, the commission will 5 monitor the implementation of the new foundation aid formula and provide 6 recommendations to the governor, the legislature and the regents, every 7 two years thereafter regarding (a) revisions to the foundation aid 8 formula that may be necessary to ensure that every school has the 9 resources necessary for providing the opportunity for a sound basic 10 education in a cost efficient manner; and (b) accountability measures 11 needed to ensure that the state's system of education finance actually 12 provides a meaningful opportunity for a sound basic education to all 13 students. 14 § 2. Establishment of commission. 1. There is hereby established a 15 standing New York state sound basic education commission comprised of 15 16 members, to be appointed as follows: 17 (a) two individuals shall be appointed by the speaker of the assembly, 18 at least one of whom shall be a parent of a public school student; 19 (b) two individuals shall be appointed by the temporary president of 20 the senate, at least one of whom shall be a parent of a public school 21 student; 22 (c) one individual shall be appointed by the senate minority leader; 23 (d) one individual shall be appointed by the assembly minority leader; 24 (e) two individuals shall be appointed by the board of regents, one of 25 whom shall be a superintendent of a school district in the state of New 26 York; 27 (f) two individuals shall be appointed by the commissioner of educa- 28 tion, one of whom shall be a teacher certified in the state of New York; 29 and 30 (g) five individuals shall be appointed by the governor, one of whom 31 shall be a member of a school board in a New York state school district; 32 one of whom shall be a career and technology representative; one of whom 33 shall be a representative of an education advocacy organization; one of 34 whom shall be a faculty member of a university in the state of New York 35 with expertise in educational equity and school finance; and one of whom 36 shall be appointed upon the recommendation of the chancellor of the city 37 school district of the city of New York. 38 2. The appointed members shall serve for staggered three-year terms. 39 The members of the commission shall include at least two persons who are 40 parents of public school students, in addition to the parents of public 41 school students appointed by the speaker of the assembly and the tempo- 42 rary president of the senate, one person with expertise regarding the 43 educational needs of students with disabilities, one person with exper- 44 tise regarding English language learners, and one person with expertise 45 about the needs of students living in poverty. 46 § 3. Operations of the commission. 1. The commission shall be governed 47 by a majority vote, and shall annually elect a member to serve as its 48 chairperson. A majority of the members of the commission constitutes a 49 quorum for the transaction of business. The commission shall meet at 50 times and places specified by the call of the chairperson or of a major- 51 ity of the members of the commission. Members shall not receive compen- 52 sation for their services but may receive reimbursement for the reason- 53 able expenses incurred in carrying out their responsibilities as members 54 of the commission. 55 2. No member of the commission shall be disqualified from holding any 56 other public office or public employment, nor shall they forfeit any
S. 6712--A 3 1 such public office or public employment by reason of their appointment 2 pursuant to this section, notwithstanding the provisions of any general, 3 special or local law, regulation, ordinance or city charter. Nothing 4 contained in this act shall prohibit a member of the commission from 5 receiving their salary earned by reason of their state employee posi- 6 tion. 7 3. The commission shall appoint an executive director and additional 8 staff personnel necessary for the performance of its functions. Their 9 salaries and the commission's other expenses shall be paid through annu- 10 al appropriations by the legislature. The commissioner of education 11 shall furnish reasonable staff and other support as requested by the 12 executive director, and the commission and the executive director shall 13 request and receive reasonable assistance from other state agency 14 personnel, as is necessary for the performance of its functions. 15 § 4. Development of a new foundation aid formula. 1. The commission 16 shall analyze current educational needs and determine the actual current 17 costs of providing all students in the state a meaningful opportunity 18 for a sound basic education and recommend to the governor, the legisla- 19 ture and the regents no later than February 1, 2025, a new foundation 20 aid formula that will provide sufficient funding, distributed in an 21 equitable manner, to provide all students in the state the opportunity 22 for a sound basic education, effective for the 2025-2026 school year. 23 2. In determining the actual cost of providing all students a meaning- 24 ful opportunity for a sound basic education and developing the new foun- 25 dation aid formula the commission shall consider (a) the recommendations 26 of professional judgment panels consisting of outstanding, experienced 27 teachers, administrators, and business officials representative of all 28 regions of the state; and (b) comments and input from the general public 29 regarding the recommendations of the professional judgment panels 30 received from public engagement forums convened by the commission 31 throughout the state. 32 3. The recommendations of the professional judgment panels shall be 33 based on the knowledge and experience of their members, evidence of 34 effective educational practices, state standards, statistical techniques 35 to determine expenditures per student to achieve specific performance 36 targets and compliance with all programs and services required by the 37 state's constitution, laws and regulations. 38 4. The commission's report shall, among other things, summarize the 39 recommendations of the professional judgment panels and the input 40 received from public engagement forums, as well as the professional 41 judgment and public engagement processes utilized by the commission. 42 5. At the end of the 2025 legislative session, the legislature shall 43 issue a report informing the public of (a) the extent to which the 44 recommendations of the commission have been adopted and implemented, and 45 (b) specific reasons for modifying and/or rejecting any of the commis- 46 sion's substantive recommendations. 47 § 5. Monitoring and biennial reports. 1. The executive director and 48 staff shall, on an on-going basis, monitor the implementation of the new 49 foundation aid formula and conduct research and undertake economic 50 analyses to identify and recommend to the commission best practices that 51 lead to high student performance and cost-efficient methods for imple- 52 menting those best practices in the state's public schools. 53 2. No later than September 1, 2027, and every September of each fourth 54 year thereafter, the commission shall issue a report to the governor, 55 the legislature, and the regents that:
S. 6712--A 4 1 (a) summarizes its reviews of the implementation of the new founda- 2 tion aid formula and proposes such revisions to the formula as may be 3 necessary and appropriate to ensure that every school will have the 4 resources necessary to provide its students a meaningful educational 5 opportunity for a sound basic education in a cost efficient manner, as 6 well as any accountability measures needed to ensure that the state's 7 system of education finance actually provides a meaningful opportunity 8 for a sound basic education to all students; and 9 (b) recommends for incorporation into state laws, regulations or 10 commissioner's guidelines specific cost-efficient methods for implement- 11 ing best practices for providing all students the opportunity for a 12 sound basic education. 13 3. At the end of the legislative session following issuance of each of 14 the biennial reports, the legislature shall issue a report informing the 15 public of (a) the extent to which the recommendations of the commission 16 have been adopted and implemented, and (b) specific reasons for modify- 17 ing and/or rejecting any of the commission's substantive recommenda- 18 tions. 19 § 6. Major formula revisions. Beginning on January 1, 2029, and every 20 four years thereafter, the commission shall analyze current educational 21 needs and determine the actual current costs of providing all students 22 in the state a meaningful opportunity for a sound basic education and 23 recommend to the governor, the legislature and the regents no later than 24 February 1, 2030, and every four years thereafter, revisions of the 25 foundation aid formula that it believes are necessary to provide suffi- 26 cient funding, distributed in an equitable manner, to provide all 27 students in the state the opportunity for a sound basic education, 28 effective for the next school year. The commission's analyses, determi- 29 nations and recommendations, and the legislature's end of session report 30 shall be in accordance with the provisions of section four of this act. 31 § 7. Appropriation. For the necessary and reasonable expenses of the 32 sound basic education commission for the 2023-2024 school year through 33 the 2024-2025 school year, there is hereby appropriated up to 34 $1,000,000, to be allocated by the commissioner of education, pursuant 35 to a budget submitted to the commissioner of education by the executive 36 director of the commission, and approved by the commissioner of educa- 37 tion. 38 § 8. This act shall take effect immediately. If any clause, sentence, 39 subdivision, paragraph, section or part of this act be adjudged by any 40 court of competent jurisdiction to be invalid, such judgment shall not 41 affect, impair or invalidate the remainder thereof, but shall be 42 confined in its operation to the clause, sentence, subdivision, para- 43 graph, section or part thereof directly involved in the controversy in 44 which such judgment shall have been rendered.