STATE OF NEW YORK ________________________________________________________________________ S. 6824 A. 7044 2023-2024 Regular Sessions SENATE - ASSEMBLY May 10, 2023 ___________ IN SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print- ed, and when printed to be committed to the Committee on Education IN ASSEMBLY -- Introduced by M. of A. DARLING -- read once and referred to the Committee on Education AN ACT to amend chapter 19 of the laws of 2020 authorizing the commis- sioner of education to appoint a monitor to oversee the Hempstead union free school district and establishing the powers and duties of such monitor, in relation to additional powers of such monitors 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 19 of the laws of 2020 authorizing 2 the commissioner of education to appoint a monitor to oversee the 3 Hempstead union free school district and establishing the powers and 4 duties of such monitor, is amended by adding three new subdivisions 3, 5 4 and 5 to read 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11036-01-3
S. 6824 2 A. 7044 1 period to override due to extenuating circumstances that necessitate 2 additional time. The override notice shall stay the proceedings of the 3 board on such adopted resolution or motion or, if the notice is provided 4 prior to action by the board, it shall remove such proposed resolution 5 or motion from consideration by the board pending the issuance of a 6 directive by the monitor or monitors. The monitor or monitors must 7 submit the directive to the board, superintendent and the commissioner 8 no later than 10 days following notice of such override. Upon the issu- 9 ance of a directive, the override of the board's adopted or proposed 10 resolution or motion shall be final and conclusive unless the monitor or 11 monitors fail to issue such directive within 10 days or within such 12 period established by the monitor or monitors if the period was 13 extended, withdraws such override, or the commissioner overrules the 14 monitor or monitors' override within 10 days of the issuance of the 15 directive. The monitor or monitors may extend the period to submit such 16 directive, at intervals of 10 additional days for each extension, if the 17 board, superintendent or school district employees fail to provide all 18 relevant information requested by the monitor or monitors related to the 19 adopted or proposed resolution or motion subject to such override within 20 48 hours of such request. 21 (b) Submit a resolution for adoption by the board. The resolution 22 shall be submitted to the clerk no later than 48 hours prior to the next 23 scheduled board meeting who shall cause the resolution to be placed on 24 the next board meeting agenda and a copy to be issued to the board, 25 superintendent and commissioner accompanied by specific findings as to 26 the necessity of such resolution. The monitor or monitors may direct the 27 board to meet at a date prior to their next scheduled board meeting to 28 take up such resolution. The monitor or monitors may withdraw the resol- 29 ution prior to, or during, the next board meeting, if the board takes 30 sufficient action to resolve the issues contained in the resolution. If 31 the resolution is not withdrawn, it shall be deemed to be adopted at the 32 next board meeting through its submission and shall have the full force 33 and effect as any other resolution adopted by the board. 34 (c) The monitor or monitors shall not override an adopted or proposed 35 resolution or motion or submit a resolution related to collective 36 bargaining agreements negotiated in accordance with article 14 of the 37 civil service law. 38 4. The monitor or monitors may direct the board, superintendent, 39 and/or other school district officers to undergo any training as deemed 40 necessary and pursuant to timelines established by the state monitor or 41 monitors. 42 5. The monitor or monitors shall have the power to approve or disap- 43 prove the appointment of a superintendent by the board of education on 44 or after the effective date of this act. The board shall submit the 45 recommendation for superintendent to the monitor or monitors for 46 approval. The monitor or monitors shall have 10 days to approve or 47 disapprove the board's recommendation. If after such period no action is 48 taken by the monitor or monitors, the recommendation for superintendent 49 shall be deemed approved. If the monitor or monitors disapproves of the 50 appointment, then the board shall recommend a new candidate for the 51 monitor or monitors to approve or disapprove until an appointment is 52 approved by the monitor or monitors. In the event that a vacancy occurs 53 in the position of superintendent due to the disapproval of a recommen- 54 dation, the monitor or monitors may appoint a current school employee as 55 interim superintendent until a recommendation for superintendent is 56 approved.
S. 6824 3 A. 7044 1 § 2. This act shall take effect immediately; provided that the amend- 2 ments to chapter 19 of the laws of 2020 made by section one of this act 3 shall not affect the expiration of such chapter and shall expire and be 4 deemed repealed therewith.