N.Y. EDN Law § 3602-C — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3602-C
Apportionment of moneys to school districts for the provision of services to pupils attending nonpublic schools
Status: in_force

§ 3602-c. Apportionment of moneys to school districts for the\nprovision of services to pupils attending nonpublic schools. 1.\nDefinitions. As used in this section the following terms are defined as\nfollows:\n  a. "Services" shall mean instruction in the areas of gifted pupils,\ncareer education and education for students with disabilities, and\ncounseling, psychological and social work services related to such\ninstruction provided during the regular school year for pupils enrolled\nin a nonpublic school located in a school district, provided that such\ninstruction is given to pupils enrolled in the public schools of such\ndistrict.\n  b. "Gifted pupils" shall mean those pupils who show evidence of high\nperformance capability and exceptional potential in areas such as\ngeneral intellectual ability, special academic aptitude, and outstanding\nability in visual and performing arts. Such definition shall include\nthose children who require educational programs or services beyond those\nnormally provided by the regular school program in order to realize\ntheir full potential.\n  c. "Career education" shall mean training or retraining designed to\nprepare individuals who are entitled to attend the public schools of the\nstate without the payment of tuition pursuant to section thirty-two\nhundred two of the education law for gainful employment as semi-skilled\nor skilled workers or technicians or subprofessionals in recognized\noccupations and in new or emerging occupations or to prepare pupils for\nenrollment in advanced technical education programs, but excluding any\nprogram to prepare pupils for employment in occupations which generally\nare considered professional or which require a baccalaureate or higher\ndegree; such training generally being grouped within the occupational\nfields of agriculture, business, distributive, health, home economics\nrelated, trade and technical education.\n  d. "Education for students with disabilities" shall mean special\neducational programs designed to serve persons who meet the definition\nof children with disabilities set forth in subdivision one of section\nforty-four hundred one of this chapter.\n  e. "Average daily attendance" shall mean the total number of\nattendance days of pupils receiving services divided by the number of\ndays the public school was in session for each attendance period. For\neach such attendance period the total number of attendance days for each\nsuch pupil shall be determined by multiplying the number of days on\nwhich each such pupil was in attendance by the ratio obtained by\ndividing the number of class periods of each such pupil by the total\nnumber of class periods, not to exceed five, operated by the public\nschool during the school day. Only pupils residing in this state shall\nbe included in such computation.\n  * f. "School district of location" means the school district in which\nthe nonpublic elementary or secondary school attended by the student is\nlocated.\n  * NB Repealed June 30, 2027\n  * 2. a. Boards of education of all school districts of the state shall\nfurnish services to students who are residents of this state and who\nattend nonpublic schools located in such school districts, upon the\nwritten request of the parent or person in parental relation of any such\nstudent. Such a request for career education or services to gifted\nstudents shall be filed with the board of education of the school\ndistrict in which the parent or person in parental relation of the\nstudent resides on or before the first day of June preceding the school\nyear for which the request is made. In the case of education for\nstudents with disabilities, such a request shall be filed with the\ntrustees or board of education of the school district of location on or\nbefore the first of June preceding the school year for which the request\nis made, or by July first, two thousand seven for the two thousand\nseven--two thousand eight school year only, provided that where a\nstudent is first identified as a student with a disability after the\nfirst day of June preceding the school year for which the request is\nmade, or thirty days after the chapter of the laws of two thousand seven\nwhich amended this paragraph, takes effect where applicable, and prior\nto the first day of April of such current school year, such request\nshall be submitted within thirty days after such student is first\nidentified. For students first identified after March first of the\ncurrent school year, any such request for education for students with\ndisabilities in the current school year that is submitted on or after\nApril first of such current school year, shall be deemed a timely\nrequest for such services in the following school year.\n  b. (1) For the purpose of obtaining education for students with\ndisabilities, as defined in paragraph d of subdivision one of this\nsection, such request shall be reviewed by the committee on special\neducation of the school district of location, which shall develop an\nindividualized education service program for the student based on the\nstudent's individual needs in the same manner and with the same contents\nas an individualized education program. The committee on special\neducation shall assure that special education programs and services are\nmade available to students with disabilities attending nonpublic schools\nlocated within the school district on an equitable basis, as compared to\nspecial education programs and services provided to other students with\ndisabilities attending public or nonpublic schools located within the\nschool district. Review of the recommendation of the committee on\nspecial education may be obtained by the parent or person in parental\nrelation of the pupil pursuant to the provisions of section forty-four\nhundred four of this chapter.\n  (2) In the event an individualized education program for the two\nthousand seven--two thousand eight school year is developed pursuant to\nthis section by the committee on special education of the student's\nschool district of residence prior to the effective date of this\nsubparagraph, with the consent of the parent or person in parental\nrelation, such school district shall forward such individualized\neducation program to the committee on special education of the school\ndistrict of location. Such individualized education program shall be\ndeemed to be an individualized educational services program for purposes\nof this subdivision, and the school district of location shall provide\nthe services recommended in such individualized education program,\nunless and until it is amended by its committee on special education in\nthe manner prescribed by law. If, prior to the effective date of this\nsubparagraph, a student suspected of having a disability has been\nreferred to the committee on special education of the student's school\ndistrict of residence the results of such evaluation, with the consent\nof the parent or person in parental relation of the student, shall be\nshared with the committee on special education of the school district of\nlocation, which may adopt such evaluation as its own or conduct a new\nevaluation in whole or in part.\n  (3) Notwithstanding any other provision of this section to the\ncontrary, an individualized education program developed for the two\nthousand six--two thousand seven school year shall continue to be in\nfull force and effect and binding on the school districts through the\nend of such school year. Such individualized education program shall be\ndeemed an individualized educational services program for purposes of\ndispute resolution.\n  c. Due process complaints relating to compliance of the school\ndistrict of location with child find requirements, including evaluation\nrequirements, may be brought by the parent or person in parental\nrelation of the student pursuant to section forty-four hundred four of\nthis chapter.\n  d. In the case of career education and education of gifted students,\nthe school district of residence shall contract with the school district\nin which the nonpublic school attended by the pupil is located, for the\nprovision of services pursuant to this section.\n  * NB Effective until June 30, 2027\n  * 2. Boards of education of all school districts of the state shall\nfurnish services to pupils who are residents of this state and who\nattend nonpublic schools located in such school districts, upon the\nwritten request of the parent, guardian or persons legally having\ncustody of any such pupil. Such a request shall be filed with the board\nof education of the school district in which the parent, guardian or\npersons legally having custody of the pupil resides on or before the\nfirst day of June preceding the school year for which the request is\nmade; provided that, in the case of education for students with\ndisabilities, where a student is first identified as a student with a\ndisability after the first day of June preceding the school year for\nwhich the request is made and prior to the first day of April of such\ncurrent school year or when a student with a disability establishes\nresidence in the school district after June first of the preceding year\nand prior to April first of the current school year, such request shall\nbe submitted within thirty days after such student is first identified\nor establishes residence in the district, as applicable. For students\nfirst identified or establishing residence after March first of the\ncurrent school year, any such request for education for students with\ndisabilities in the current school year that is submitted on or after\nApril first of such current school year, shall be deemed a timely\nrequest for such services in the following school year. For the purpose\nof obtaining education for students with disabilities, as defined in\nparagraph d of subdivision one of this section, such request shall be\nreviewed by the committee on special education in accordance with the\nprovisions of section forty-four hundred two of this chapter. Review of\nthe recommendation of the committee on special education may be obtained\nby the parent, guardian or persons legally having custody of the pupil\npursuant to the provisions of section forty-four hundred four of this\nchapter. Such school district shall contract with the school district in\nwhich the nonpublic school attended by the pupil is located, for the\nprovision of services pursuant to this section, except that in the case\nof education for students with disabilities, the school district of\nresidence may provide such services directly or by contract with the\nschool district of location.\n  * NB Effective June 30, 2027\n  * 2-a. For the education for students with disabilities provided in\nthe two thousand seven--two thousand eight school year and thereafter,\nto the extent required by federal law, the school district of location\nof a student with a disability shall be responsible for compliance with\nthe requirements of paragraph ten of subsection (a) of section fourteen\nhundred twelve of title twenty of the United States code, including but\nnot limited to, equitable provision of services, child find and\nconsultation requirements. The committee on special education of the\nschool district of location shall be responsible for evaluation and\npossible identification as a student with a disability of all students\nattending nonpublic schools located within the school district,\nincluding students who are not New York residents. The school district\nof location shall expend a proportionate amount of its federal funds\nmade available under part B of the individuals with disabilities\neducation act for the provision of services to students with\ndisabilities attending such nonpublic schools, including students who\nare not New York residents, provided that such federal funds may not be\nused for the cost of carrying out the child find requirement. School\ndistricts shall obtain parental consent prior to the release of\npersonally identifiable information concerning a student attending a\nnonpublic school from records collected or maintained pursuant to part B\nof the individuals with disabilities education act between such\nstudent's school district of residence and school district of location.\n  * NB Repealed June 30, 2027\n  * 2-b. The school district of location shall provide special education\nprograms and services to students with disabilities attending nonpublic\nschools in the school district who are not New York residents to the\nextent required under federal law and regulations and such students\nshall not have an individual right to receive special education programs\nand services pursuant to this section. The committee on special\neducation shall develop services plans for such students in accordance\nwith federal law and regulations. The provisions of subdivision two of\nthis section shall not apply to such students, except that due process\ncomplaints relating to compliance of the school district of location\nwith child find requirements, including evaluation requirements, may be\nbrought by the parent or person in parental relation of the student\npursuant to section forty-four hundred four of this chapter.\n  * NB Repealed June 30, 2027\n  2-c. Solely for the purpose of the provision of education for students\nwith disabilities pursuant to this section and the computation of state\naid for such education pursuant to section thirty-six hundred two of\nthis article, a student in a home instruction program submitted by his\nor her parent or person in parental relation for review pursuant to the\nregulations of the commissioner shall be deemed to be a student enrolled\nin and attending a nonpublic school eligible to receive services\npursuant to subdivision two of this section; provided that such student\nis entitled to attend the public schools without payment of tuition\npursuant to subdivision one of section thirty-two hundred two of this\nchapter and has an individualized home instruction plan that has been\ndetermined by the superintendent of schools of the school district in\nwhich the home school is located to be in compliance with the\nregulations of the commissioner. The deadlines for submission of written\nrequests for the education of students with disabilities set forth in\nsubdivision two of this section shall apply to students in a home\ninstruction program, except that such request may be submitted within\nthirty days of a change in the student's school district of residence;\nprovided that for services in the two thousand eight--two thousand nine\nschool year only such written requests for students in a home\ninstruction program shall be submitted by June thirtieth, two thousand\neight, or within thirty days after the effective date of this\nsubdivision, whichever is later, except where subdivision two of this\nsection or this subdivision authorizes submission at a later date.\nExcept as provided in this subdivision, a home school shall not be\nconsidered a nonpublic school for any other purpose under this chapter.\n  3. Boards of education, with the consent of the commissioner of\neducation, are authorized to contract with boards of cooperative\neducational services to provide the services required by this act.\nPupils receiving services under the provisions of this subdivision shall\nbe deemed public school pupils for the purpose of determining aid\npursuant to section nineteen hundred fifty of the education law. Any\nsuch pupil who attends a program offered by a board of cooperative\neducational services, and who does not attend classes in the schools of\nthe district furnishing services, shall not be included in computing\naverage daily attendance in such district.\n  4. Boards of education shall provide transportation for pupils\nreceiving gifted or career education between the nonpublic school\nattended by such pupils and the public school where such services are\nprovided if the distance between the nonpublic school and the public\nschool exceeds one-fourth of a mile, except that; boards of education\nshall provide transportation for pupils receiving education for students\nwith disabilities under the provisions of this section in accordance\nwith the needs of each such pupil; and state aid for all such\ntransportation shall be paid as though such transportation were\nfurnished pursuant to the provisions of article eighty-nine of this\nchapter, except that such aid shall be paid at the rate of ninety\npercent of the actual cost of such transportation.\n  5. Boards of education, teachers and other employees of public schools\nshall not be liable for harm to pupils caused by others while such\npupils are walking between public and nonpublic schools.\n  6. Boards of education are authorized to determine by resolution which\ncourses of instruction shall be offered, the eligibility of pupils to\nparticipate in specific courses, and the admission of pupils. All pupils\nin like circumstances shall be treated similarly.\n  * 7. a. Boards of education of districts providing career education\nand gifted education services to non-resident students shall be entitled\nto recover tuition from the district of residence of such students in\naccordance with a formula promulgated by the commissioner by regulation.\n  b. In the case of the education for students with disabilities who are\nresidents of New York, a school district of location providing services\nto non-resident students shall be entitled to recover costs of services,\ncosts of evaluation, and costs of committee on special education\nadministration directly from the district of residence of the student if\nconsent of the parent or person in parental relation is obtained to\nrelease of personally identifiable information concerning their child.\nIf such consent is not obtained, the school district of location shall\nsubmit to the commissioner, in a form prescribed by the commissioner, a\nclaim for costs of services, evaluation costs, and committee on special\neducation administrative costs that includes the address of the\nstudent's permanent residence, including the school district of\nresidence, and a certification by officials of the nonpublic school\nattended by the student that such address is the address of record of\nsuch student. Upon certification by the commissioner of the amount of\nsuch claim, the state comptroller shall deduct such amount from any\nstate funds which become due to such school district of residence.\n  c. The amount charged by the school district of location for services,\nevaluation, eligible due process costs and committee on special\neducation administrative costs shall not exceed the actual cost to the\nschool district of location, after deducting any costs paid with federal\nor state funds. The commissioner shall adopt regulations prescribing a\ndispute resolution mechanism that will be available to a school district\nof residence where such district disagrees with the amount of tuition or\ncosts charged by the school district of location.\n  * NB Effective until June 30, 2027\n  * 7. Boards of education of districts providing services to\nnon-resident pupils shall be entitled to recover tuition from the\ndistrict of residence of such pupils in accordance with a formula\npromulgated by the commissioner of education by regulation.\n  * NB Effective June 30, 2027\n  8. Average daily attendance, as computed under the provisions of this\nsection, shall be included in the average daily attendance and average\ndaily membership of the school district furnishing services for all\npurposes under the provisions of section thirty-six hundred two of this\nchapter, except that it shall not be used in the computation of resident\nweighted average daily attendance or total wealth pupil units or total\nwealth foundation pupil units or of aid ratios.\n  9. Pupils enrolled in nonpublic schools for whom services are provided\npursuant to the provisions of this section shall receive such services\nin regular classes of the public school and shall not be provided such\nservices separately from pupils regularly attending the public schools.\n  * 10. State and local funds provided by the district of residence\npursuant to this section shall supplement and in no case shall supplant\nthe proportionate amount of federal funds required to be expended by the\nschool district in which the nonpublic school attended by the student is\nlocated pursuant to the individuals with disabilities education act.\n  * NB Repealed June 30, 2027\n
N.Y. PBA Law § 3603 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3603
Clifton-Fine health care corporation
Status: in_force

§ 3603. Clifton-Fine health care corporation. 1. (a) There is hereby\ncreated a board to be known as the Clifton-Fine health care corporation\nwhich shall be a body corporate and politic constituting a public\nbenefit corporation.\n  (b) The corporation shall be governed by eight voting directors to be\nappointed in the following manner as follows: (i) four directors shall\nbe appointed by the town supervisor of the town of Fine; and (ii) four\ndirectors shall be appointed by the town supervisor of the town of\nClifton, the governing body of each town shall make recommendations to\ntheir respective town supervisor pursuant to the recommendations of the\nboard of the hospital for the initial directors, and pursuant to the\nrecommendations of the board of the corporation for subsequent\ndirectors; provided, however, the town supervisors may appoint persons\nother than those so recommended. Any director absent for three\nsuccessive regular meetings shall be deemed to have resigned from the\nboard of directors unless said director has submitted in writing to the\nchairperson of the board of directors an acceptable reason for said\nabsences. The first directors shall be appointed for the following terms\nfrom the first day of January, two thousand as follows: one from each\ntown for a term of one year, one from each town for a term of two years,\none from each town for a term of three years and one from each town for\na term of four years. Subsequent appointments of directors shall be made\nin the same manner as set forth in this paragraph and for a term of five\nyears. All directors shall continue to hold office until their\nsuccessors are appointed and qualified. The resignation of any director\nshall be filed with the appointing authority and shall be effective when\nso filed. Vacancies occurring otherwise than by expiration of term of\noffice, shall be filled in the same manner as set forth in this\nparagraph by the supervisor of the respective town for the unexpired\nterm. Directors of the board may be removed from office for the same\nreasons and in the same manner as may be provided by law for the removal\nof officers of a town. The powers of the board shall be vested in and\nexercised by the directors as heretofore set forth and the board formed\nat a meeting called for said purpose by the chairperson of the existing\nboard of managers of the Clifton-Fine Hospital.\n  (c) Each voting director should possess a high degree of experience or\nknowledge in relevant fields or a high degree of interest in the\ncorporation and should reside in either the town of Clifton or the town\nof Fine. The appointment of any voting director to the corporation shall\nbe based in part on the objective of ensuring that the corporation\nincludes diverse and beneficial perspectives and experience, including,\nbut not limited to, those of business management, law, finance, medical\nand/or other health professionals, health sector workers, and the\npatient or consumer perspective.\n  2. There shall be three non-voting members: one non-voting member\nshall be the chief executive officer of the corporation as appointed by\nthe voting directors of the board; and two other non-voting members who\nshall be the town supervisors of the towns of Clifton and Fine. Such\nmembers shall have all of the rights and powers of the voting directors\nother than the right and power to vote including, but not limited to,\nthe right to equal access to information, provided, however, when the\nboard is acting pursuant to its authority under subdivision four of this\nsection such chief executive officer may be excluded from such meeting\nand access to any information regarding actions of the board pursuant to\nsuch subdivision may be denied to him or her.\n  3. (a) The voting directors shall by majority vote elect from among\nits members annually a chairperson, a vice-chair to serve in the absence\nof the chairperson, a secretary and an assistant-secretary to serve in\nthe absence of the secretary. The first election shall be held at the\ntime of the first meeting of the members of the board.\n  (b) The members shall receive no compensation for their services, but\nmay be reimbursed for their actual and necessary expenses incurred in\nconnection with the performance of their official duties if the\ncorporation shall so provide by resolution for such cases.\n  (c) The powers of the corporation shall be vested in and shall be\nexercised by the board at a meeting duly called and held where a quorum\nof five voting directors is present. No action shall be taken by the\ncorporation except pursuant to the favorable vote of at least five\nvoting directors present at the meeting at which such action is taken.\n  4. The voting directors shall select and shall determine the salary\nand benefits of the chief executive officer of the corporation. The\nvoting directors shall have the authority to discharge the chief\nexecutive officer with or without cause; provided, however, that removal\nwithout cause shall not prejudice the contractual rights, if any, of the\nchief executive officer.\n  5. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state or of any public corporation shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a director, non-voting representative, officer or\nemployee of the corporation, nor shall service as such a director,\nnon-voting representative, officer or employee be deemed incompatible or\nin conflict with such office, or employment, and provided further,\nhowever, that no employee of the corporation or public officer elected\nto his or her office pursuant to the laws of the state or any\nmunicipality thereof may serve as a voting member of the governing body\nof the corporation during his or her term of office.\n  6. The corporation and its corporate existence shall continue until\nterminated by law, provided, however, that no such termination shall\ntake effect so long as the corporation shall have bonds or other\nobligations outstanding, unless adequate provision has been made for the\npayment or satisfaction thereof. Upon termination of the existence of\nthe corporation, all of the rights and properties of the corporation\nthen remaining shall pass as the corporation and the towns may agree,\nand such terms and conditions may include reversion of said property and\nrights to the towns.\n  7. Contracts for work, construction or purchases to which the\ncorporation is a party shall be subject to the provisions of article\nfive-A of the general municipal law except as provided in subdivisions\neight and nine of this section. In addition to the procedures prescribed\nunder section one hundred four of the general municipal law for the\nutilization of the terms of state contracts, the corporation may utilize\nthe terms of a federal government general services contract where the\nterms are to the advantage of the corporation and have been offered to\nthe corporation by the contractor. When bids have already been received\nby the corporation no purchase under a federal government general\nservices contract shall be made unless the purchase may be made upon the\nsame terms, conditions and specifications at a lower price through such\ncontractor.\n  7-a. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and all contracts for procurement, design, construction,\nservices, and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article.\n  8. It is the intent of the legislature that overall costs should in\nall cases by a major criterion in the selection of project developers\nfor the award of contracts pursuant to this section and that, wherever\npractical, such contracts should be entered into through competitive\nbidding procedures as prescribed by sections one hundred one and one\nhundred three of the general municipal law. It is further the intent of\nthe legislature to acknowledge the highly complex and innovative nature\nof medical technology, diagnostic and treatment devices, the relative\nnewness of a variety of devices, processes and procedures now available,\nthe desirability of a single point of responsibility for the development\nof medical treatment and diagnostic facilities and the economic and\ntechnical utility of contracts for medical projects which include in\ntheir scope various combinations of design, construction, operation,\nmanagement and/or maintenance responsibility over prolonged periods of\ntime. In some instances it may be beneficial to the corporation to award\na contract for a medical project on the basis of factors other than cost\nalone, including but not limited to facility design, system reliability,\nefficiency, safety, and compatibility with other elements of patient\ncare. Accordingly, and notwithstanding the provisions of any general,\nspecial or local law, a contract for a medical project entered into\nbetween the corporation and any project developer pursuant to this\narticle may be awarded pursuant to public bidding in compliance with\nsections one hundred one and one hundred three of the general municipal\nlaw or pursuant to the following provisions for the award of a contract\nbased on evaluation of proposals submitted in response to a request for\nproposals prepared by or for the corporation:\n  (a) The corporation shall require that each proposal to be submitted\nby a project developer shall include:\n  (i) information relating to the experience and expertise of the\nproject developer on the basis of which said project developer purports\nto be qualified to carry out all work required by a proposed contract;\nthe ability of the project developer to secure adequate financing; and\nproposals for project staffing, implementation of work tasks, and the\ncarrying out of all responsibilities by a proposed contract;\n  (ii) a proposal clearly identifying and specifying all elements of\ncosts which would become charges to the corporation, in whatever form,\nin return for the fulfillment by the project developer for the full\nlife-time of a proposed contract including, as appropriate, but not\nlimited to the cost of planning, design, construction, operation,\nmanagement and/or maintenance of any facility, and clearly identifying\nand specifying all elements of revenue which would accrue to the\ncorporation from the operation of the facility or device or from any\nother source; provided, that the corporation may prescribe the form and\ncontent of such proposal and that, in any event, the project developer\nmust submit sufficiently detailed information to permit a fair and\nequitable evaluation by the corporation of such proposal; and provided,\nfurther, that the corporation may set maximum allowable cost limits in\nany form in the request for proposals; and\n  (iii) such other information as the corporation may determine to have\na material bearing on its ability to evaluate any proposal in accordance\nwith this paragraph.\n  (b) Proposals received in response to such request for proposals shall\nbe evaluated by the corporation as to net cost or, if a net revenue is\nprojected, net revenue, and in a manner consistent with provisions set\nforth in the request for proposals, and may be evaluated on the basis of\nadditional factors, including but not limited to the technical\nevaluation of the medical project including medical facility, facility\ndesign, system reliability, energy balance and efficiency. The\nevaluation of such proposals and the determination of whether a project\ndeveloper is "responsible" may include, but shall not be limited to,\nconsideration, in a manner consistent with provisions set forth in the\nrequest for proposals, the record of the project developer is complying\nwith existing labor standards and recognizing state and federally\napproved apprentice training programs.\n  (c) The corporation may make a contract award to any responsible\nproject developer based on a determination by the corporation that the\nselected proposal is most responsive to the request for proposals and\nmay negotiate with any project developer.\n  Whenever the corporation enters into a contract pursuant to this\nsection for a medical project which involves construction the provisions\nof section two hundred twenty of the labor law shall be applicable to\nsuch construction work.\n  9.  Every contract entered into between the corporation and a project\ndeveloper, pursuant to the provisions of paragraph (c) of subdivision\neight of this section, for a medical project involving construction of a\nmedical building by the project developer, shall contain provisions that\nsuch building shall be constructed through construction contracts\nawarded through bidding in accordance with paragraphs (a) through (g) of\nthis subdivision; that the project developer or the project developer's\nconstruction subcontractor shall furnish a bond guaranteeing prompt\npayment of moneys that are due to all persons furnishing labor and\nmaterials pursuant to the requirements of such construction contracts,\nand that a copy of such payment bond shall be kept by the corporation\nand shall be open to public inspection; provided, however, that the\nrequirements of this subdivision shall not apply when the cost of such\nconstruction, exclusive of the cost of medical equipment and devices, is\nless than five hundred thousand dollars.\n  (a) The project developer shall advertise for bids for such\nconstruction contracts in the official newspaper or newspapers, if any,\nor otherwise in a newspaper or newspapers designated for such purpose.\nSuch advertisements shall contain a statement of the time and place\nwhere all bids received pursuant to such notice will be publicly opened\nand read.  An employee of the corporation shall be designated to open\nthe bids at the time and place specified in the notice. All bids\nreceived shall be publicly opened and read at the time and place so\nspecified. At least five days shall elapse between the publication of\nsuch advertisement and date on which the bids are opened.\n  (b) Except as otherwise provided in section two hundred twenty-two of\nthe labor law, when the entire cost of constructing such building,\nexclusive of any medical equipment, apparatus or devices, shall exceed\nfive hundred thousand dollars, the project developer shall prepare\nseparate specifications for the following subdivisions of such work, so\nas to permit separate and independent bidding upon each subdivision:\n  (i) plumbing and gas fittings;\n  (ii) steam heating, hot water heating, ventilating and air\nconditioning apparatus; and\n  (iii) electric wiring and standard illuminating fixtures.\n  (c) After public competitive bidding, the project developer shall\naward one or more separate contracts for each of the subdivisions of\nsuch work set forth in subparagraphs (i), (ii) and (iii) of paragraph\n(b) of this subdivision, whenever separate specifications are required\npursuant to paragraph (b) of this subdivision, and one or more contracts\nfor the remainder of such work. The project developer may award such\ncontract at different times. Contracts awarded pursuant to this\nsubdivision shall be awarded by the project developer to the lowest\nresponsible and responsive bidder and shall be contracts of the project\ndeveloper and not of the corporation which shall have no obligation or\nliabilities, whatsoever, thereunder. The project developer shall have\nthe responsibility for the supervision, coordination, and termination of\nsuch contracts, unless otherwise specified in contractual terms between\nthe project developer and the corporation.\n  (c-1) Each bidder on a public work contract, where the preparation of\nseparate specifications is not required, shall submit with its bid a\nseparate sealed list that names each subcontractor that the bidder will\nuse to perform work on the contract, and the agreed-upon amount to be\npaid to each, for: (i) plumbing and gas fitting, (ii) steam heating, hot\nwater heating, ventilating and air conditioning apparatus and (iii)\nelectric wiring and standard illuminating fixtures. After the low bid is\nannounced, the sealed list of subcontractors submitted with such low bid\nshall be opened and the names of such subcontractors shall be announced,\nand thereafter any change of subcontractor or agreed-upon amount to be\npaid to each shall require the approval of the public owner, upon a\nshowing presented to the public owner of legitimate construction need\nfor such change, which shall be open to public inspection. Legitimate\nconstruction need shall include, but not be limited to, a change in\nproject specifications, a change in construction material costs, a\nchange to subcontractor status as determined pursuant to paragraph (e)\nof subdivision two of section two hundred twenty-two of the labor law,\nor the subcontractor has become otherwise unwilling, unable or\nunavailable to perform the subcontract. The sealed lists of\nsubcontractors submitted by all other bidders shall be returned to them\nunopened after the contract award.\n  (d) In determining whether a prospective contractor is responsible and\nresponsive, the project developer may require that prospective\ncontractors:\n  (i) have adequate financial resources or the ability to obtain such\nresources;\n  (ii) be able to comply with the required or proposed delivery or\nperformance schedule;\n  (iii) have a satisfactory record of performance;\n  (iv) have the necessary organization, experience, operational\ncontrols, and technical skills, or the ability to obtain them;\n  (v) have the necessary production, construction and technical\nequipment and facilities, or the ability to obtain them; and\n  (vi) be eligible to receive an award under applicable laws and\nregulations and be otherwise qualified.\n  (e) The project developer may reject any bid of a bidder which the\nproject developer determines to be nonresponsible or nonresponsive to\nthe advertisement for bids.\n  (f) The project developer may, in its discretion, reject all bids, and\nmay revise bid specifications and may readvertise for bids as provided\nherein.\n  (g) As used in this section:\n  (i) "project developer" means any private corporation, partnership,\nlimited liability company, or individual, or combination thereof which\nhas submitted a proposal in response to a request for proposals;\n  (ii) "construction" shall include reconstruction, rehabilitation or\nimprovement exclusive of the installation and assembly of any medical\nequipment, apparatus or device;\n  (iii) "medical building" means that component of a medical project\nconstituting appurtenant structures or facilities necessary to house or\nrender the remaining components of the medical project operational.\nMedical building shall not include apparatus, equipment, devices,\nsystems, supplies or any combination thereof;\n  (iv) "medical project" means any substantial durable apparatus,\nequipment, device or system, or any combination of the foregoing,\nincluding services necessary to install, erect, or assemble the\nforegoing and any appurtenant structures or facilities necessary to\nhouse or render the foregoing operational, to be used for the purpose of\ncare, treatment or diagnosis of disease or injury or the relief of pain\nand suffering of sick or injured persons. Medical projects shall not\ninclude ordinary supplies and equipment expended or utilized in the\ncustomary care and treatment of patients.\n  10. (a) For purposes of applying section eighty-seven of the public\nofficers law, to the corporation, the term "trade secrets" shall include\nmarketing strategy or strategic marketing plans, analyses, evaluations\nand pricing strategies or pricing commitments of the corporation,\nrelating to business development, which, if disclosed, would be likely\nto injure the competitive position of the corporation.\n  (b) In addition to the matters listed in section one hundred five of\nthe public officers law, the corporation may conduct an executive\nsession for the purpose of considering marketing strategy or strategic\nmarketing plans, analyses, evaluations and pricing strategies of the\ncorporation, relating to business development, which, if disclosed,\nwould be likely to injure the competitive position of the corporation.\n
N.Y. BNK Law § 5013 — New York Code / Act BNK / Article 15 / Title 5 / Section 5013
Agreements for purchase by a corporation of its own shares
Status: in_force

§ 5013. Agreements for purchase by a corporation of its own shares. 1.\nAn agreement for the purchase by a corporation of its own shares shall\nbe enforceable by the stockholder and the corporation to the extent such\npurchase is permitted at the time of purchase by section five thousand\ntwelve.\n  2. The possibility that a corporation may not be able to purchase its\nshares under section five thousand twelve shall not be a ground for\ndenying to either party specific performance of an agreement for the\npurchase by a corporation of its own shares, if at the time for\nperformance the corporation can purchase all or part of such shares\nunder section five thousand twelve.\n
N.Y. EDN Law § 3641 — New York Code / Act EDN / Title 5 / Article 73 / Part 4 / Section 3641
Special apportionments and grants-in-aid to school districts
Status: in_force

§ 3641. Special apportionments and grants-in-aid to school districts.\n1.  General provisions. a. The commissioner shall be authorized to\nprovide funds for the programs included in this section only to the\nextent that an appropriation is available for the purpose of the\nspecific program.\n  b. The payment schedule set forth in section thirty-six hundred nine-a\nof this article shall not apply to special apportionments or\ngrants-in-aid included in this section. Except where a specific payment\nschedule is set forth in this section, the commissioner is authorized to\npay up to seventy percent of the sum appropriated for any program\nincluded in this section prior to April first of the school year for\nwhich such moneys are available, with the remainder payable on or after\nsuch date.\n  2. Full-day kindergarten transition and pre-kindergarten planning\ngrants. Within the amount appropriated for such purpose, the\ncommissioner is hereby authorized to award grants to: (i) school\ndistricts that operated half-day kindergarten programs in the two\nthousand six--two thousand seven school year and will continue to\noperate such half-day programs in the two thousand seven--two thousand\neight school year to plan for conversion to full-day kindergartens only\nin the school year next following the school year in which the planning\ngrant is received, but no later than the two thousand ten--two thousand\neleven school year, and (ii) school districts for planning grants for\nthe implementation or expansion of universal prekindergarten programs.\nThe commissioner shall prescribe the procedures and criteria for the\naward of such grants, which shall be available to school districts to\ndefray their additional costs for planning time, the cost of classroom\nmaterials, equipment, furniture and supplies not eligible for aid\npursuant to subdivisions six, six-a, six-b, six-c or six-f of section\nthirty-six hundred two of this article, where such additional costs are\nincurred in planning for the facilities and staffing that will be needed\nfor such conversion, implementation or expansion. No school district may\nreceive more than one planning grant pursuant to this subdivision for\nconversion to full-day kindergarten. The commissioner shall be\nauthorized to adopt regulations to implement the provisions of this\nsubdivision.\n  3. Supplemental valuation impact grants.  a. In addition to\napportionments otherwise provided by section thirty-six hundred two of\nthis article, for aid payable in the two thousand eight--two thousand\nnine and two thousand nine--two thousand ten school years, the amounts\nspecified in paragraphs c and d of this subdivision shall be paid for\nthe purpose of providing additional funding for school districts which\nhave experienced a significant financial hardship caused by an\nextraordinary change in the taxable property valuation or extraordinary\njudgments resulting from tax certiorari proceedings.\n  b. The purpose of this subdivision is to provide financial assistance\nto school districts which have experienced a significant reduction in\nthe taxable full value of the school district or extraordinary tax\ncertiorari judgments. The legislature finds that school districts for\nwhich a judgment was made resulting from a tax certiorari proceeding\nwhich is larger than the total budget of the school district for school\nyear two thousand seven--two thousand eight or for school districts\nwhich have observed a reduction of taxable real property of more than\nseventy-five percent between school year two thousand five--two thousand\nsix and school year two thousand eight--two thousand nine may benefit\nfrom temporary additional assistance.\n  c. To the Barker central school district, there shall be paid one\nmillion three hundred thousand dollars ($1,300,000). Such grant shall be\npayable to the Barker central school district in accordance with the\npayment schedules contained in section thirty-six hundred nine-a of this\narticle, notwithstanding any provision of law to the contrary.\n  d. To the Haverstraw-Stony Point central school district, there shall\nbe paid two million five hundred thousand dollars ($2,500,000). Such\ngrant shall be payable to the Haverstraw-Stony Point central school\ndistrict in accordance with the payment schedules contained in section\nthirty-six hundred nine-a of this article, notwithstanding any provision\nof law to the contrary.\n  4. Building condition survey services. a. Purpose. The purpose of this\nsubdivision is to assess the need of routine maintenance, repairs, minor\nalterations, and operational improvements in order to safeguard and\npromote the health, safety and welfare of both pupils and staff. The\nlegislature further finds that the existing aid formula does not provide\nfor local assistance for such building condition surveys and that,\ntherefore, additional funding is necessary to assist local public school\ndistricts with such necessary building condition survey activities.\n  b. Building condition surveys. To be eligible for aid pursuant to\nsubdivision six-e of section thirty-six hundred two of this article,\nbuilding condition surveys shall be conducted by a licensed architect or\nlicensed professional engineer performing under a state contract entered\ninto pursuant to paragraph c of this subdivision, shall assess the\ncondition of all major building systems of a school building, and shall\nbe in the form and contain the information prescribed by the\ncommissioner. For purposes of this paragraph, "major building systems"\nshall mean the electrical, plumbing, heating, ventilation and air\nconditioning systems, and the roof and other major structural elements\nof a school building.\n  c. Powers and duties of the commissioner. (1) The commissioner shall\ndevelop a building condition survey matrix which would be used to assist\npublic school districts to develop long range facilities plans in a\nconsistent format.\n  (1-a) Commencing no sooner than the first day in January, two thousand\ntwenty, the commissioner shall require school districts to conduct\nbuilding condition surveys every five years in accordance with\nregulations of the commissioner. Such regulations shall prescribe the\ndate or dates by which such surveys must be completed and submitted to\nthe department and shall provide for staggered implementation so that\nsuch surveys are distributed as evenly as possible throughout the\nfive-year period based on the number of public school buildings,\nprovided that such implementation schedule shall ensure that no region\nof the state is overrepresented in a given scheduled year and shall to\nthe extent practicable prioritize assigning to the first two years of\nsuch schedule those school districts with the greatest proportions of\nbuildings which previously received relatively low overall condition\nratings.\n  (2) The commissioner is hereby authorized to enter into the necessary\ncontractual agreements with architects and/or engineers to state-wide\ncontracts to provide building construction surveys on a regional basis\nfor a fixed fee per square foot. Such building condition surveys shall\nbe used to assist school districts with the development of their\nfive-year capital facilities plan.\n  5. School district management efficiency awards program. a. Within the\namount appropriated for such purpose, subject to a plan developed in\nconsultation with the secretary of state and approved by the director of\nthe budget, the commissioner shall award competitive grants pursuant to\nthis subdivision for achieving school district management efficiencies.\n  (1) Such plan shall include but not be limited to: the process by\nwhich a request for proposals is developed; the scoring rubric by which\nsuch proposals will be evaluated; the form and manner by which\napplications will be submitted; the manner by which calculation of the\namount of the award was determined, including establishing benchmarks\nbased on actual cost savings that must be met before any awards are\npaid; and the timeline for the issuance and review of applications to\nensure that grants will be first awarded within one hundred and twenty\ndays following the end of the two thousand eleven--two thousand twelve\nschool year.\n  (2) The commissioner shall be authorized, consistent with the plan\nrequired by this paragraph, to promulgate rules and regulations\nnecessary for the implementation of this subdivision.\n  b. A response to a request for proposals issued pursuant to this\nsubdivision may be submitted by a school district or jointly by two or\nmore school districts who have demonstrated to the satisfaction of the\ncommissioner that:\n  (1) one or more long term efficiencies in school district management,\noperations, procurement practices or other cost savings measures that\nhave not and will not result in an increase in cost to the state or\nlocality have been implemented;\n  (2) such efficiencies have been implemented within two years prior to\na response to a request for proposals issued pursuant to this\nsubdivision or will be implemented during the current school year;\n  (3) such efficiencies have resulted or will result in a significant\nreduction in total operating expenses compared to the prior year, in the\nadministrative component, or the equivalent, of the school district\nbudget, in transportation operating expenses, in transportation capital\nexpenses, and/or in other non-personal service costs included in the\nprogram component of the school district budget, or the equivalent,\ncompared to the prior year; and\n  (4) such efficiencies are expected to result in substantial and\nsustainable cost savings in future years; and\n  (5) if two or more school districts are applying jointly, and have\nentered a shared services agreement as authorized by law, that\nsignificant savings would result from such shared services; provided\nthat in no event shall districts that have entered into an aidable\ncooperative educational services agreement for any such services with a\nboard of cooperative educational services pursuant to section nineteen\nhundred fifty of this chapter be eligible for an award pursuant to this\nsubdivision for the same purpose, but may be eligible for an award\npursuant to this subdivision for another shared long term efficiency or\ncost saving measure. Provided however, a district which has received an\naward pursuant to the local government efficiency grant program\nauthorized by subdivision ten of section fifty-four of the state finance\nlaw, shall not be eligible to receive an award pursuant to this\nsubdivision for the same purpose, but may be eligible for an award\npursuant to this subdivision for another long term efficiency or cost\nsavings measure.\n  c. The commissioner shall grant priority to applications that have\ndemonstrated that the long term efficiencies that have been implemented:\n(1) are innovative in the manner that the management or organizational\nstructure may be changed to generate significant savings while\nmaintaining or improving student achievement; (2) have the participation\nof the teachers, parents and/or other stakeholders in the school\ndistrict; (3) are measures or strategies that other school districts can\nreplicate; or (4) have the greatest quantifiable savings that will be\nsustainable.\n  d. A school district that submits documentation that has been approved\nby the commissioner by September first, two thousand twelve\ndemonstrating that it has fully implemented new standards and procedures\nfor conducting annual professional performance reviews of classroom\nteachers and building principals to determine teacher and principal\neffectiveness, shall receive bonus points in the scoring of its grant\napplication.\n  e. A school district or school districts seeking a grant shall submit\nan application to the commissioner in a form and manner and by a date as\nprescribed by the commissioner. The commissioner may consult with any\nother state agency about such grants and each such agency shall\ncooperate in assisting in the analysis of grant applications.\n  f. The amount of the grant award, including the maximum grant amount\navailable to any district or districts, shall be determined by the\ncommissioner, consistent with the plan developed pursuant to paragraph a\nof this subdivision provided that the amount of such awards shall be\nbased upon the size of the district or school districts measured by\npublic school enrollment of the district or districts, except that no\nsingle district receiving a grant and no group of districts receiving a\ngrant jointly may be awarded more than forty percent of the total amount\nof grant awards made pursuant to this subdivision; and provided further\nthat such amount may be adjusted based upon measures of district need.\n  g. For the two thousand thirteen--two thousand fourteen state fiscal\nyear and thereafter, in addition to the competitive awards amount as\ndefined in paragraph ee of subdivision one of section thirty-six hundred\ntwo of this article, a minimum of thirty-seven million five hundred\nthousand dollars shall be available for this purpose in each state\nfiscal year.\n  6. School district performance improvement awards grant. a. Within the\namounts appropriated for such purpose, the commissioner shall award\ncompetitive grants to eligible school districts pursuant to this\nsubdivision that have demonstrated the most improved academic\nachievement gains and student outcomes, as well as having implemented\nstrategies that have the most potential for continued improvements in\nstudent performance, narrowing student achievement gaps and increasing\nacademic performance in traditionally underserved student groups.\n  b. The commissioner shall:\n  (1) develop a competitive request for proposals, which shall be\napproved by the director of the budget, to be issued on or before\nOctober first, two thousand eleven and shall ensure that grants will\nfirst be awarded pursuant to this subdivision during the two thousand\neleven-two thousand twelve school year.\n  (2) create a peer review panel and process and a scoring rubric to be\nused in the evaluation of applications during such process. Such scoring\nrubric shall give priority to those eligible school districts that have\nthe most significant measurable improvements in academic achievement and\nstudent outcomes; and have (A) implemented rigorous programs to improve\nmiddle school student performance; (B) newly established or expanded\nparticipation in college level or early college programs; (C)\nsignificantly increased college admission rates; (D) exemplary career\nand technical education programs with a record of successful student\noutcomes; or (E) other innovative and replicable strategies for student\nachievement. Provided further that such rubric shall grant priority to\nthose eligible districts whose programs benefit students having the\ngreatest educational needs, including but not limited to:\n  (A) students within traditionally underserved student groups;\n  (B) students who are English language learners;\n  (C) students in poverty;\n  (D) students with disabilities; and\n  (E) students with low academic achievement.\n  (3) be authorized to promulgate rules and regulations necessary for\nthe implementation of this subdivision.\n  c. To be an eligible applicant, a school district must:\n  (1) have a race to the top final scope of work that was approved by\nthe commissioner by February fifteenth, two thousand eleven; and/or\n  (2) have demonstrated satisfactory progress, as determined by the\ncommissioner, towards implementation of elements such as high quality\nstudent assessments, use of data to improve instruction and student\nperformance, provision of professional development to improve teacher\nperformance; and\n  (3) be among the school districts showing the greatest gains in\nstudent performance in its category of district in the prior school year\nas reflected by increases in student outcome, as well as other measures\nfor closing the achievement gap, improving high school performance and\ngraduation rates, and increasing college attendance and retention rates\nas compared to student performance in those areas in the applicable\nbaseline year.\n  d. For purposes of this subdivision:\n  (1) "category of district" means:\n  (A) a high-need large city category consisting of city school\ndistricts having a population of one hundred twenty-five thousand\ninhabitants or more, provided that in the case of the city school\ndistrict of the city of New York the chancellor shall have the option of\napplying on behalf of one or more community school districts and/or\ndistrict seventy-five in lieu of applying on a citywide basis;\n  (B) a high-need urban-suburban category as defined by the commissioner\nbased upon the need/resource capacity index applicable to such school\ndistricts;\n  (C) a high-need rural category as defined by the commissioner based\nupon the need/resource capacity index applicable to such school\ndistricts;\n  (D) an average need category as defined by the commissioner based upon\nthe need/resource capacity index applicable to such school districts;\nand\n  (E) a low need category as defined by the commissioner based upon the\nneed/resource capacity index applicable to such school districts.\n  (2) The commissioner shall establish a methodology for determining\nwhich districts in each category of district that have applied for a\nperformance improvement grant have shown the greatest achievement gains.\nProvided, however, that where a school district does not have the\nminimum number of students specified by the commissioner for\naccountability purposes (minimum "n" size) in one or more of the five\nsubgroups, such district shall not be disqualified from receiving a\ngrant, but a preference shall be given to districts within each category\nof district with the highest number of subgroups meeting such minimum\n"n" size.\n  e. The commissioner shall grant awards to the school districts, as\nrecommended by the peer review panel, among the various categories of\ndistricts and determine the amount of the grant award for each eligible\nschool district based upon the public school enrollment of the district,\nprovided that no district receiving a grant may be awarded more than\nforty percent of the total amount of grant awards made pursuant to this\nsubdivision; and provided further that such amount may be adjusted based\nupon measures of district need.\n  f. Any school district receiving an award pursuant to this subdivision\nshall expend grant funds in accordance with a high-quality plan\nsubmitted with its application in response to the request for proposals.\nSuch plan must specify how such funds will be used to enhance the\nactivities and strategies that have been or will be implemented that\nhave been demonstrated to be effective in, or show the most promise for,\nincreasing student performance, narrowing the student achievement gap,\nand increasing academic performance in traditionally underserved student\ngroups.\n  g. For the two thousand thirteen--two thousand fourteen state fiscal\nyear and thereafter, in addition to the competitive awards amount as\ndefined in paragraph ee of subdivision one of section thirty-six hundred\ntwo of this article, a minimum of thirty-seven million five hundred\nthousand dollars shall be available for this purpose in each state\nfiscal year.\n  6-a. Community school grants. a. Within the amount appropriated for\nsuch purpose, subject to a plan developed by the state council on\nchildren and families in coordination with the commissioner and approved\nby the director of the budget, the commissioner shall award competitive\ngrants pursuant to this subdivision to eligible school districts or in a\ncity with a population of one million or more an eligible entity to\nimplement, beginning in the two thousand thirteen--two thousand fourteen\nschool year, a plan that targets school buildings as community hubs to\ndeliver co-located or school-linked academic, health, mental health,\nnutrition, counseling, legal and/or other services to students and their\nfamilies in a manner that will lead to improved educational and other\noutcomes. In a city with a population of one million or more, eligible\nentities shall mean the city school district of the city of New York, or\nnot-for-profit organizations, which shall include not-for-profit\ncommunity based organizations. An eligible entity that is a\nnot-for-profit may apply for a community school grant provided that it\ncollaborates with the city school district of the city of New York and\nreceives the approval of the chancellor of the city school district of\nthe city of New York.\n  (1) Such plan shall include, but not be limited to:\n  (i) The process by which a request for proposals will be developed;\n  (ii) The scoring rubric by which such proposals will be evaluated,\nprovided that such grants shall be awarded based on factors including,\nbut not limited to: measures of school district need; measures of the\nneed of students to be served by each of the school districts; the\nschool district's proposal to target the highest need schools and\nstudents; the sustainability of the proposed community schools program;\nand proposal quality;\n  (iii) The form and manner by which applications will be submitted;\n  (iv) The manner by which calculation of the amount of the award will\nbe determined;\n  (v) The timeline for the issuance and review of applications; and\n  (vi) Program implementation phases that will trigger payment of set\npercentages of the total award.\n  (2) In assessing proposal quality, the commissioner shall take into\naccount factors including, but not limited to:\n  (i) The extent to which the school district's proposal would provide\nsuch community services through partnerships with local governments and\nnon-profit organizations;\n  (ii) The extent to which the proposal would provide for delivery of\nsuch services directly in school buildings;\n  (iii) The extent to which the proposal articulates how such services\nwould facilitate measurable improvement in student and family outcomes;\n  (iv) The extent to which the proposal articulates and identifies how\nexisting funding streams and programs would be used to provide such\ncommunity services; and\n  (v) the extent to which the proposal ensures the safety of all\nstudents, staff and community members in school buildings used as\ncommunity hubs.\n  b. A response to a request for proposals issued pursuant to this\nsubdivision may be submitted by a single school district or jointly by a\nconsortium of two or more school districts, or in a city with a\npopulation of one million or more, an eligible entity.\n  c. The amount of the grant award shall be determined by the\ncommissioner, consistent with the plan developed pursuant to paragraph a\nof this subdivision, except that no single district may be awarded more\nthan forty percent of the total amount of grant awards made pursuant to\nthis subdivision; and provided further that the maximum award to any\nindividual community school site shall be five hundred thousand dollars;\nand provided further that the amount awarded will be paid out in set\npercentages over time upon successful implementation of each phase of a\nschool district's approved proposal set forth pursuant to paragraph a of\nthis subdivision; and provided further that none of the grants awarded\npursuant to this subdivision may be used to supplant existing funding.\n  6-b. Extended learning grants. a. Within the amount appropriated for\nsuch purpose, subject to a plan that is developed by the commissioner,\nand approved by the director of the budget, the commissioner shall award\ncompetitive planning and implementation grants pursuant to this\nsubdivision to eligible school districts or school districts in\ncollaboration with not-for-profit community based organizations that put\nforward a proposal to improve student outcomes by adding at least\ntwenty-five percent more time to the academic calendar by extending the\nschool day, school year, or some combination thereof, either\ndistrict-wide or in selected school buildings.\n  (1) Such plan shall include, but not be limited to:\n  (i) The process by which a request for proposals will be developed;\n  (ii) The scoring rubric by which such proposals will be evaluated,\nprovided that priority shall be given to applicants based upon the\nschool district's proposal to target the schools and students with the\ngreatest need and upon proposal quality;\n  (iii) The form and manner by which applications will be submitted;\n  (iv) The timeline for the issuance and review of applications; and\n  (v) A requirement that school districts awarded grants under this\nsubdivision submit to an annual evaluation of performance and impact as\nrequired by the commissioner.\n  (2) In assessing proposal quality in order to award implementation\ngrant funding, the commissioner shall take into account factors\nincluding, but not limited to:\n  (i) the extent to which the school district's proposal would maximize\nthe use of the additional learning time through a comprehensive\nrestructuring of the school day and/or year;\n  (ii) how the additional learning time would be utilized, including but\nnot limited to additional time spent on core academics; and\n  (iii) the extent to which the proposal would provide additional\nlearning time for students in grades six through eight.\n  b. A school district's school-wide extended learning implementation\ngrant award shall equal its average daily attendance in the school-wide\nextended learning program multiplied by the expected cost per pupil of\nthe additional learning time. For purposes of this subdivision, the\nexpected cost per pupil of the additional learning time shall equal the\ngreater of fifteen hundred dollars or (1) the quotient of (i) the school\ndistrict's approved operating expense pursuant to paragraph t of\nsubdivision one of section thirty-six hundred two of this article for\nthe year prior to the base year divided by (ii) the district's public\nschool district enrollment pursuant to subparagraph two of paragraph n\nof such subdivision for the year prior to the base year multiplied by\n(2) ten percent (0.10), multiplied by (3) the quotient of (i) the\naverage of the national consumer price indexes determined by the United\nStates department of labor for the twelve month period preceding January\nfirst of the base year, divided by (ii) the average of the national\nconsumer price indexes determined by the United States department of\nlabor for the twelve month period preceding January first of the year\ntwo years prior to the base year.\n  c. In extraordinary cases, the commissioner may award a grant that\nexceeds the per pupil limit calculated pursuant to paragraph b of this\nsubdivision.\n  d. No district shall receive a grant in excess of the total actual\ngrant expenditures incurred by the district in the current year as\napproved by the commissioner.\n  e. No single district may be awarded more than forty percent of the\ntotal amount of grant awards made pursuant to this subdivision.\n  6-c. Teacher excellence fund. a. Within the amount appropriated for\nsuch purpose, subject to a request for proposals developed by the\ncommissioner and approved by the director of the budget, the\ncommissioner shall award teacher excellence fund grants pursuant to this\nsubdivision to eligible school districts, beginning in the two thousand\nfourteen--two thousand fifteen school year, to provide teacher\nexcellence fund performance awards to highly effective teachers.\n  (1) Teacher excellence fund performance awards shall be allocated in\nan annual amount of up to twenty thousand dollars to eligible teachers\nrated as "highly effective" based on the most recent annual professional\nperformance review, in accordance with the requirements of section three\nthousand twelve-c of this chapter and regulations of the commissioner.\n  (2) On an annual basis, eligible school districts may submit an\napplication to the commissioner, in a form and manner prescribed by the\ncommissioner, to request funding pursuant to this subdivision.\n  (3) The commissioner shall make available such application on or\nbefore May fifteenth of the preceding school year and the commissioner\nshall issue preliminary teacher excellence fund grant awards on or\nbefore October fifteenth of the school year in which the eligible\nteacher shall receive a teacher excellence fund performance award.\n  (4) Applications submitted by eligible school districts shall include\ninformation required by the commissioner including, but not limited to,\nthe extent to which the school district's plan is intended to recognize\nand reward highly-effective teachers: (i) in school buildings with the\ngreatest academic need; (ii) in difficult-to-staff subject or\ncertification areas and/or grade levels; and (iii) at critical points in\na teacher's career in order to encourage highly effective teachers to\nremain in the classroom.\n  (5) The commissioner shall prioritize applications submitted by\neligible school districts based on factors including, but not limited\nto, the factors described in subparagraph four of this paragraph and the\nquality of the proposal.\n  (6) Notwithstanding any other provision of law to the contrary, the\nteacher excellence fund performance awards provided by this subdivision\nshall be in addition to, and shall not be considered part of, a\nteacher's basic annual salary, and shall not be included as compensation\nfor retirement purposes. Teacher excellence fund performance awards\nshall supplement and shall not supplant compensation from sources\nexclusive of this subdivision agreed to as part of a collective\nbargaining agreement.\n  b. For the purpose of this subdivision:\n  (1) The term "eligible school district" shall mean a common, union\nfree, central, central high school, city, or special act school district\nthat has entered into an agreement with the collective bargaining\nrepresentatives of certified teachers consistent with the provisions of\nthe application submitted by the school district pursuant to paragraph a\nof this subdivision.\n  (2) The term "eligible teacher" shall mean a teacher who (i) holds an\ninitial, provisional, transitional, permanent or professional state\nteaching certificate appropriate to the teaching positions, including\nthe subject area if applicable, in which he or she is employed; (ii) is\na classroom teacher subject to the annual professional performance\nreview requirements of section three thousand twelve-c of this chapter;\nand (iii) is rated "highly effective" based on his or her most recent\nannual professional performance review, in accordance with the\nrequirements of section three thousand twelve-c of this chapter and\nregulations of the commissioner.\n  7. Small government assistance. a. In addition to apportionments\notherwise provided by section thirty-six hundred two of this article for\npayable in the two thousand eleven--two thousand twelve school year and\nthereafter the amounts specified in paragraph b of this subdivision\nshall be paid to school districts for small government assistance.\n  b. To school districts that received small government assistance in\nthe state fiscal year two thousand ten--two thousand eleven, such\napportionment in the same amount shall be apportioned to school\ndistricts on or before March thirty-first of the school year upon audit\nand warrant of the comptroller.\n  8. Supplemental educational improvement grants. a. In addition to\napportionments otherwise provided by section thirty-six hundred two of\nthis article, for aid payable in the two thousand seven--two thousand\neight school year and thereafter, the amounts specified in paragraph b\nof this subdivision shall be paid for the purpose of providing\nadditional funding for the costs of educational improvement plans\nrequired as a result of a court-ordered settlement in a school\ndesegregation case to which the state was a party. Grant funds awarded\npursuant to this subdivision shall be used exclusively for services and\nexpenses incurred by the school district to implement such educational\nimprovement plans.\n  b. To the Yonkers city school district there shall be paid seventeen\nmillion five hundred thousand dollars ($17,500,000) on an annual basis.\nSuch grant shall be payable from funds appropriated for such purpose and\nshall be apportioned to the Yonkers city school district in accordance\nwith the payment schedules contained in section thirty-six hundred\nnine-a of this article, notwithstanding any provision of law to the\ncontrary.\n  9. Targeted instructional staff development grants. a. In the nineteen\nhundred ninety-eight--ninety-nine school year and thereafter, within the\namount appropriated for such purpose, the commissioner shall provide\ngrants pursuant to this subdivision to: (1) school districts, and (2)\nschool districts working in collaboration with institutions of higher\neducation and/or teacher resource and computer resource centers, and (3)\nproviders of pre-kindergarten services which are receiving funding\npursuant to section three thousand six hundred two-e of this article,\nfor services and expenses related to targeted instructional staff\ndevelopment grants.\n  b. School districts and providers of pre-kindergarten services seeking\na grant pursuant to this subdivision shall submit a plan for approval of\nthe commissioner that details how the school district will use the grant\nfunds to provide effective and grade-level appropriate staff development\nprograms that are targeted on one or more of the instructional areas\nspecified in paragraph c of this subdivision. Such plan shall be in a\nform prescribed by the commissioner and shall include, but not be\nlimited to, a proposed budget, and a description of:\n  (1) the program, including, but not limited to, its purpose and target\npopulation;\n  (2) how the new program shall be integrated with, and will supplement,\nthe district's existing in-service staff development program;\n  (3) when the staff development program shall be offered to teachers\nand the arrangements made by the school district to assure that teachers\nare able to attend, including, but not limited to, arrangements for\nsubstitute teachers;\n  (4) the local funds, if any, that will be made available to support\nthe new staff development program; and\n  (5) a plan for evaluation of the effectiveness of the program, which\nshall include, but need not be limited to, a survey of all participating\nteachers.\n  c. Staff development programs funded pursuant to this subdivision\nshall be targeted for specialized in-service training in one or more of\nthe following areas:\n  (i) understanding and implementing the new higher standards and\nassessments as promulgated by the board of regents and the commissioner;\n  (ii) effective use of technology in instruction;\n  (iii) instruction of children who are participating in\npre-kindergarten programs approved pursuant to section three thousand\nsix hundred two-e of this article;\n  (iv) instruction of children with disabilities within a regular\neducation setting;\n  (v) instruction of nondisabled children who demonstrate the need for\nincreased academic attention; and\n  (vi) other areas of need demonstrated by the district that relate\ndirectly to student instruction and are approved by the commissioner.\n  d. Grants shall be awarded on a competitive basis in accordance with\ncriteria established by the commissioner. Grant funds may be used for\nthe approved expenses of the staff development program as defined by the\ncommissioner, provided that such approved expenses shall include, but\nneed not be limited to, reasonable travel costs for instructors,\nreasonable costs for the use of technology to provide staff development\nprograms at a distance, and the actual cost to the district of employing\nsubstitute teachers for teachers participating in the program exclusive\nof any state aid payable for such costs.\n  e. The commissioner shall be authorized to adopt regulations to\nimplement the provisions of this subdivision.\n  f. In the event the appropriation for purposes of this paragraph in\nany year is insufficient to pay all claims received pursuant to this\nparagraph, the commissioner shall pay such claims on a prorated basis\namong all districts filing such claims until the appropriation is\nexhausted. For aid payable in the nineteen hundred\nninety-eight--ninety-nine school year, the aid payable pursuant to this\nparagraph shall not exceed one million five hundred thousand dollars\n($1,500,000); for the nineteen hundred ninety-nine--two thousand school\nyear the aid payable pursuant to this paragraph shall not exceed five\nmillion dollars ($5,000,000); and for the two thousand--two thousand one\nschool year and thereafter the aid payable pursuant to this paragraph\nshall not exceed ten million dollars ($10,000,000).\n  10. Aid for rebuilding schools to uphold education (RESCUE). In\naddition to the apportionments made pursuant to subdivisions six, six-a,\nand six-b and paragraph c of subdivision fourteen of section thirty-six\nhundred two of this article, school districts shall be eligible for an\napportionment or apportionments pursuant to this subdivision for\neligible school construction projects. The payment of such apportionment\nor apportionments shall be made in the manner provided for in paragraph\nd of this subdivision. An apportionment for any such eligible project\nshall initially be available in the state fiscal year commencing April\nfirst, nineteen hundred ninety-nine, provided that applications for\napproval of such eligible projects by the commissioner may be processed\nhereunder prior to such date.\n  a. Definitions. For purposes of this subdivision:\n  (1) "Eligible school construction project", or "eligible project,"\nmeans a project for the design, planning, construction, acquisition,\nreconstruction, rehabilitation or improvement of a public school\nbuilding used primarily for instruction that is an accessibility\nproject, an educational technology project, a health and safety project,\nand/or a physical capacity expansion project, that has been approved by\nthe voters of the school district or approved by the trustees or board\nof education for school districts where voter approval is not required\non or after July first, nineteen hundred ninety-eight or before July\nfirst, two thousand three; that such project is contained in the\ndistrict's five year facilities plan; and such project is a critical and\npriority project as identified by such district's safety rating system\nrequired by sections four hundred nine-d and four hundred nine-e of this\nchapter, or, a construction emergency project.\n  (2) "Eligible minor maintenance and repair project" means a project,\nnot otherwise eligible for an apportionment pursuant to subdivision six\nof section thirty-six hundred two of this article, that is related to\nmaintaining and repairing public school buildings used primarily for\ninstruction, including expenditures for minor repair and improvement\nactivities performed to remedy existing minor maintenance deficiencies\nand expenditures for periodic, scheduled maintenance activities intended\nto mitigate the need for excessive capital renovation and rehabilitation\nin the future as documented by a plan developed by the district and\nsubmitted to the commissioner and which has been approved for funding on\nor after July first, nineteen hundred ninety-eight, or before July\nfirst, two thousand two by the commissioner.\n  (3) "Approved project" means an eligible school construction project\nthat has been reviewed by the department and approved by the\ncommissioner pursuant to this subdivision on or after July first,\nnineteen hundred ninety-eight and before July first, two thousand three\n(except as otherwise provided in subparagraph one of paragraph c of this\nsubdivision) for funding disbursement by an apportionment or\napportionments made hereunder.\n  (4) For the purposes of the expenditure of the maximum additional\napportionment defined in subparagraph 11, "Approved building aidable\nproject" means an approved project for which approved expenditures are\neligible for an apportionment pursuant to subdivisions six, six-a, six-b\nand/or paragraph c of subdivision fourteen of section thirty-six hundred\ntwo of this article and one or more of the following conditions have\nbeen met:\n  (i) Projects for which letters of intent are on file with the state\neducation department by August 1, 1999;\n  (ii) Projects approved by the voters by January 15, 2000;\n  (iii) In the case of a school district in a city with a population of\none million or more, projects specifically referenced in the five-year\neducational facilities capital plan pursuant to section 2590-p of the\neducation law on file with the commissioner as of August 1, 1999; and\n  (iv) Projects for which letters of intent are filed with the state\neducation department by July 1, 2000 that are determined to be priority\nprojects necessary to: address the safety or health of students and\nstaff including, but not limited to climate control; or to assure\naccessibility of individuals with disabilities.\n  (4-a) For the purposes of the expenditure of the maximum additional\napportionment defined in subparagraph 11-a, "Approved building aidable\nproject" means an approved eligible school construction project.\n  (5) "Accessibility project" means an eligible school construction\nproject which, as a primary purpose, enhances accessibility to public\nschool buildings used primarily for instruction for individuals with\ndisabilities.\n  (6) "Construction emergency project" means an eligible school\nconstruction project to remediate emergency situations which arise in\npublic school buildings used primarily for instruction as a result of\nsignificant damage caused by an unanticipated and sudden occurrence\nwhich results in the necessity for immediate repair.\n  (7) "Educational technology project" means an eligible school\nconstruction project which, as a primary purpose, enhances the use of\ntechnology in public school buildings used primarily for instruction,\nincluding but not limited to, electrical upgrades, wiring, cabling\ninstallations, fiber optics, conduits, raceways, telecommunication\nsystems and wireless options.\n  (8) "Health and safety project" means an eligible school construction\nproject which, as a primary purpose, addresses the reduction or\nelimination of the risk of personal injury or harm to occupants of\npublic school buildings used primarily for instruction, including but\nnot limited to environmental remediation, the eradication of fire and\nhealth code violations, the provision of adequate ventilation, and the\nrehabilitation and repair of existing facilities.\n  (9) "Physical capacity expansion project" means an eligible school\nconstruction project which, as a primary purpose, expands the\navailability of adequate and appropriate instructional space in a public\nschool building used primarily for instruction, including but not\nlimited to expansions which provide for reduced class size.\n  (10) "District sharing ratio" means the quotient obtained when the sum\nof the resident public school district enrollment of a school district\nas defined in subparagraph four of paragraph n of subdivision one of\nsection thirty-six hundred two of this article and its resident\nnonpublic school enrollment for such school year as defined in\nsubparagraph five of such paragraph, is divided by the sum of such\nenrollments for all school districts for such school year, with the\nresult expressed as a decimal carried to the sixth place without\nrounding. For any maximum additional apportionment calculated pursuant\nto subparagraph eleven of this paragraph, the resident public school\ndistrict enrollment and its resident nonpublic school enrollment for the\nnineteen hundred ninety-eight--ninety-nine school year shall be used to\ncalculate the district sharing ratio. For any maximum additional\napportionment calculated pursuant to subparagraph eleven-a of this\nparagraph, the resident public school district enrollment and its\nresident nonpublic school enrollment for the nineteen hundred\nninety-nine--two thousand school year shall be used to calculate the\ndistrict sharing ratio.\n  (11) "Maximum additional apportionment" for any appropriation first\nmade in support of this subdivision in the education, labor and family\nassistance budget bill enacted for the nineteen hundred ninety-nine--two\nthousand state fiscal year means the result calculated when one hundred\nforty-five million dollars is multiplied by the district sharing ratio\nfor the school district provided, however, that such maximum additional\napportionment shall not be less than twenty thousand dollars and\nprovided further that in the event that the sum of the apportionments\ncalculated pursuant to this section exceeds one hundred forty-five\nmillion dollars, all such apportionments in excess of twenty thousand\ndollars shall be adjusted downward on a prorated basis as determined by\nthe commissioner, provided further that such adjustment shall not reduce\nany such apportionment below twenty thousand dollars. The commissioner\nshall notify each school district by September fifteenth, nineteen\nhundred ninety-nine, of the amount of the maximum additional\napportionment available to it as calculated hereinabove. The maximum\nadditional apportionment for a school district shall be available to\nsuch school district for the purpose of allowing the commissioner to\nmake an apportionment or apportionments of monies appropriated for such\npurpose to fund expenditures and disbursements made for approved\nprojects of such school district for school years nineteen hundred\nninety-eight--nineteen hundred ninety-nine through and inclusive of two\nthousand one--two thousand two, provided that an apportionment may be\nmade by the commissioner beyond June thirtieth, two thousand two for\ncertain approved projects as specifically authorized by subparagraph one\nof paragraph c of this subdivision. An apportionment of monies for an\napproved project which is an eligible school construction project\n(including a construction emergency project) shall be subject to a\nrepayment being made to the comptroller by the dormitory authority as\nmore particularly provided for in paragraph d of this subdivision.\n  (11-a) "Maximum additional apportionment" for any appropriation first\nmade in support of this subdivision in the education, labor and family\nassistance budget bill enacted for the two thousand--two thousand one\nstate fiscal year means the result calculated when fifty million dollars\nis multiplied by the district sharing ratio for the school district,\nprovided, however, that such maximum additional apportionment shall not\nbe less than twenty thousand dollars and provided further that in the\nevent that the sum of the apportionments calculated pursuant to this\nsection exceeds fifty million dollars, all such apportionments in excess\nof twenty thousand dollars shall be adjusted downward on a prorated\nbasis as determined by the commissioner, provided further that such\nadjustment shall not reduce any such apportionment below twenty thousand\ndollars. The commissioner shall notify each school district by June\nfifteenth, two thousand, of the amount of the maximum additional\napportionment available to it as calculated hereinabove. The maximum\nadditional apportionment for a school district shall be available to\nsuch school district for the purpose of allowing the commissioner to\nmake an apportionment or apportionments of monies appropriated for such\npurpose to fund expenditures and disbursements made for approved\nprojects of such school district for school years nineteen hundred\nninety-eight--nineteen hundred ninety-nine through and inclusive of two\nthousand two--two thousand three, provided that an apportionment may be\nmade by the commissioner beyond June thirtieth, two thousand three for\ncertain approved projects as specifically authorized by subparagraph one\nof paragraph c of this subdivision. An apportionment of monies for an\napproved project which is an eligible school construction project\n(including a construction emergency project) shall be subject to a\nrepayment being made to the comptroller by the dormitory authority as\nmore particularly provided for in paragraph d of this subdivision.\n  b. Eligibility. All approved projects shall be eligible for an\napportionment or apportionments by the commissioner pursuant to this\nsubdivision in the nineteen hundred ninety-nine--two thousand through\ntwo thousand two--two thousand three school years, provided however: (1)\nnotwithstanding any other provision of this subdivision, any school\ndistrict eligible for a maximum additional apportionment pursuant to\nthis subdivision in excess of one hundred thousand dollars applying to\nthe commissioner for approval of an eligible project for an\napportionment or apportionments pursuant to this subdivision shall\ndemonstrate: (i) that any eligible project for which such school\ndistrict is seeking funding is contained within its five year capital\nfacilities plan and is a critical priority project as indicated by the\ndistrict's safety rating system as required by sections four hundred\nnine-d and four hundred nine-e of this chapter, or (ii) that such\nproject is considered a construction emergency as defined in\nsubparagraph six of paragraph a of this subdivision, or (iii) that such\nproject is an approved building aidable project; and (2) notwithstanding\nany other provision of this subdivision, that for any school district\neligible for a maximum additional apportionment pursuant to this\nsubdivision, in an amount less than or equal to one hundred thousand\ndollars, the requirements of clauses (i) - (iii) of subparagraph (1)\nhereof shall not apply.\n  c. Maximum additional apportionment. (1) A school district which has\nan approved project or projects shall be entitled to an apportionment or\napportionments for such project or projects in an amount whether in the\naggregate or otherwise, not to exceed the maximum additional\napportionment calculated for such school district. Such maximum\nadditional apportionment shall be available to the school district for\nexpenditure for such approved projects in the school years nineteen\nhundred ninety-nine--two thousand through two thousand two--two thousand\nthree, provided that expenditures for such approved project may be made\nfrom such maximum additional apportionment on or after July first, two\nthousand three and prior to June thirtieth, two thousand four if: (i)\nsuch project is approved by the voters of the school district, or is\napproved by the trustees or board of education for such school district\nwhere voter approval is not required, prior to July first, two thousand\nthree; (ii) application is made to the commissioner for approval of such\neligible project as an approved project by August first, two thousand\nthree; and (iii) the commissioner approves such eligible project as an\napproved project by October first, two thousand three. The maximum\nadditional apportionment may be expended in whole or in part in any of\nsuch school years and beyond June thirtieth, two thousand three as\nspecifically authorized by the immediately preceding sentence. The\namount of such maximum additional apportionment not expended, disbursed\nor encumbered for any such year shall be carried over for expenditure\nand disbursement to the next succeeding school year, provided that for\nthe purposes of this subdivision a carryover shall not be authorized\nbeyond the school year two thousand two--two thousand three except as\notherwise authorized hereinabove in this subparagraph. Such maximum\nadditional apportionment may be used to supplement the apportionments\navailable pursuant to subdivisions six, six-a and six-b and paragraph c\nof subdivision fourteen of section thirty-six hundred two and\nsubdivision twelve of this section for expenditures or disbursements for\napproved building aidable projects, provided that, for any school\ndistrict with an enhanced building aid ratio computed pursuant to clause\n(ii) of subparagraph two of paragraph b of subdivision six of section\nthirty-six hundred two of this article that is less than nine-tenths the\ntotal of such apportionments plus the apportionment payable pursuant to\nthis subdivision for the approved project costs of the total\napportionment for any approved building aidable project, as limited by\nthe cost allowances specified in paragraph a of subdivision six of\nsection thirty-six hundred two of this article, shall not exceed\nninety-five percent of such approved project costs, and that, for any\nschool district with an enhanced building aid ratio computed pursuant to\nsuch clause (ii) that is equal to nine-tenths or more, the total of such\napportionments plus the apportionment payable pursuant to this\nsubdivision for such approved project costs of an approved building\naidable project shall not exceed ninety-eight percent of such approved\nproject costs, provided further that the apportionment provided pursuant\nto this subdivision shall not otherwise reduce the apportionments\npayable for approved project costs pursuant to subdivisions six, six-a\nand six-b and paragraph c of subdivision fourteen of section thirty-six\nhundred two and subdivision twelve of this section and may be used by an\neligible school district to fund the principal amount of any costs that\nare in excess of the costs approved for an apportionment pursuant to\nsuch subdivisions six, six-a or six-b of section thirty-six hundred two\nor subdivision twelve of this section. Except as authorized in this\nparagraph, expenditures from the maximum additional apportionment shall\nnot be eligible for aid under any other provision of this chapter.\n  (2) The commissioner shall report to the governor and to the\nlegislature by February first, two thousand three concerning the amount\nof any maximum additional apportionment available to each school\ndistrict, whether in total or in part, that has not been applied for by\nany such school district by January first, two thousand three. If the\ntotal amount of such maximum additional apportionment has not been\napplied for and approved by the commissioner by July first, two thousand\nthree, or, at the latest, applied for by August first, two thousand\nthree and approved by the commissioner by October first, two thousand\nthree as expressly limited by subparagraph one of this paragraph, the\ncommissioner shall report to the governor and to the legislature and\nnotify all districts by November first, two thousand three the total\nremaining aggregate amount of maximum additional apportionments for all\nschool districts which remain uncommitted by such school districts as of\nsuch date, which such total remaining aggregate amount shall then be\ndistributed on a competitive basis established by the commissioner, with\npriority given to districts with outstanding needs as defined by the\ndistrict's five year facility plan and approved by the voters of the\nschool district, or approved by the trustees or board of education of a\nschool district where voter approval is not required.\n  d. It is the intent of the legislature that school districts receive\nfunding for approved projects in a timely manner. The payment of all\napportionments to be made for approved projects pursuant to this\nsubdivision shall be made from funds annually appropriated by the\nlegislature for such purpose. An apportionment so made to a school\ndistrict from appropriated funds by the commissioner for an approved\nproject which is an eligible school construction project shall be repaid\nto the state comptroller by the dormitory authority from bond proceeds\nmade available for such purpose pursuant to section sixteen hundred\neighty-nine-a of the public authorities law.\n  e. Powers and duties of the commissioner. In administering the\nprovisions of this subdivision, the commissioner shall:\n  (1) establish an application process for school districts which\nrequest the approval of the commissioner for funding for an\napportionment or apportionments for eligible projects; and\n  (2) provide that approved projects which receive an apportionment or\napportionments pursuant to this subdivision are designed, constructed\nand maintained in the most cost-effective manner possible, which\nminimizes waste and maximizes efficiency. The board of regents and the\ncommissioner shall impose a mechanism for establishing guidelines for\nmonitoring and documenting this process. The commissioner shall take\nappropriate action to ensure a district's compliance with this\nsubparagraph.\n  f. Maintenance of projects. In order to assure effective discharge of\nstate responsibility with respect to the implementation of this\nsubdivision, the board of regents and the commissioner shall provide\nthat no moneys shall be made available to a school district for an\neligible school construction project, exclusive of a construction\nemergency project unless and until such school district has complied\nwith the requirements of sections four hundred nine-d and four hundred\nnine-e of this chapter and has submitted to the commissioner its current\nfive year capital facilities plan required pursuant to subdivision six\nof this section, section twenty-five hundred-p of this chapter or any\nother provision of this chapter, detailing the district's infrastructure\nneeds. Notwithstanding the provisions of this paragraph any school\ndistrict receiving funds from the maximum additional apportionment shall\nprovide an assurance to the commissioner that all projects funded under\nthis subdivision will be maintained in good repair.\n  g. Compliance with other laws. Funds provided pursuant to this\nsubdivision shall be subject to the applicable provisions of the state\nfinance law and all other applicable federal, state and local laws.\n  11. Special academic improvement grants. a. In addition to\napportionments otherwise provided by section thirty-six hundred two of\nthis article, for aid payable in the school year two thousand one--two\nthousand two and every year thereafter, the amounts specified in\nparagraph b of this subdivision shall be paid for the sole purpose of\nenhancement of the academic programs of school districts that have\nbecome subject to removal of the board of education as a result of\nfailure of one or more schools to meet state school accountability\nstandards and serious financial problems that impact the ability of the\nschool district to support program improvements without endangering the\nfiscal stability of the school district's residents and businesses.\nGrant funds awarded pursuant to this subdivision shall be used\nexclusively for services and expenses incurred by the school district to\nsupport and maintain the improvement of the academic performance of the\nschools of the school district, in accordance with a plan of expenditure\nprepared at the direction of the commissioner and approved by the\ncommissioner.\n  b. To the Roosevelt union free school district there shall be paid\ntwelve million dollars ($12,000,000) on an annual basis. For school\nyears commencing on July first, two thousand seven and thereafter, such\nspecial academic improvement grant shall be payable from funds\nappropriated for such purpose and shall be apportioned to the Roosevelt\nunion free school district in accordance with the payment schedules\ncontained in section three thousand six hundred nine-a of this article,\nnotwithstanding any provision of law to the contrary.\n  b-1. For the two thousand fourteen--two thousand fifteen school year,\nsix million dollars shall be paid pursuant to paragraph b of this\nsubdivision and the remaining six million dollars shall be paid after\nthe submission of an expenditure plan by the superintendent of the\nRoosevelt union free school district to the speaker of the assembly, the\ntemporary president of the senate and the members of the legislature\nrepresenting such school district. Such plan shall focus on improving\nacademic performance.\n  c. For the purposes of ensuring improvement in academic achievement\nconsistent with the provisions of this grant, in any year in which an\napportionment is provided pursuant to this section, the Roosevelt union\nfree school district shall:\n  (1) Submit to the commissioner a five-year educational plan, in a\nmanner prescribed by the commissioner, and such plan shall include\nspecific courses of action that will be taken and details describing how\nadditional state and federal funds will be used to improve educational\noutcomes for students and increase the quality of teachers and\nprincipals. This five-year educational plan will be updated and\nsubmitted to the commissioner by September first of each year.\n  (2) Submit a five-year fiscal stabilization plan in a manner\nprescribed by the commissioner, and aligned with the five-year\neducational plan for approval by the commissioner or his designee by\nSeptember first of each year.\n  (3) Provide a proposed annual budget to the commissioner by the first\nbusiness day of May of each year.\n  (4) Provide an annual approved budget to the commissioner by July\nfirst of each year.\n  (5) Provide quarterly budget status reports including compliance with\nthe annual approved budget of the district.\n  (6) Take any additional actions or submit additional documentation\nidentified by the commissioner deemed necessary to ensure the fiscal\nintegrity of the Roosevelt union free school district.\n  12. Capital outlay transition grants. a. Capital outlay transition\ngrants. (1) The commissioner shall, upon application therefor, certify\nto the dormitory authority of the state of New York the amounts to be\nawarded as grants to school districts in the two thousand two--two\nthousand three state fiscal year for reimbursement of approved\nexpenditures for capital outlays incurred in the two thousand one--two\nthousand two school year, as calculated pursuant to subdivision six of\nsection thirty-six hundred two of this article and this subdivision.\n  (2) School districts which would have been eligible for an\napportionment for base year approved expenditures for capital outlays\npursuant to subdivision six of section thirty-six hundred two of this\narticle in the two thousand two--two thousand three school year under\nthe provisions of such subdivision six in effect in the two thousand\none--two thousand two school year shall be eligible to apply for a grant\npursuant to this paragraph in lieu of an apportionment of aid for such\napproved expenditures pursuant to subdivision six of section thirty-six\nhundred two of this article. Application for such grant shall be made on\nor before the first business day of September, two thousand two in such\nform as the commissioner shall determine, and shall include\ndocumentation of actual approved expenditures for capital outlays\nincurred in the two thousand one--two thousand two school year.\n  (3)(i) Upon approval of such application by the commissioner, the\ndistrict shall be eligible for a grant in an amount equal to the lesser\nof: (1) the product of the amount of the district's base year approved\nexpenditures for capital outlays for school building purposes determined\npursuant to subdivision six of section thirty-six hundred two of this\narticle from its general fund, capital fund or from a reserve fund,\nbased on data on file with the commissioner on the first business day of\nSeptember, two thousand two, multiplied by the sum of the aid ratio\ncomputed for such expenditures pursuant to the provisions of paragraph c\nof subdivision six of section thirty-six hundred two of this article,\nplus the incentive decimal, if any, calculated pursuant to subparagraph\ntwo of paragraph b of such subdivision six, provided that the amount of\nreimbursement attributable to approved expenditures for capital outlays\nfor joint facilities shall be determined pursuant to subparagraph four\nof this paragraph, and (2) the amount set forth for such school district\nin the school aid listing for the current year produced by the\ncommissioner in May two thousand two and entitled "SA0203".\n  (ii) In the event that the sum of the grants calculated by the\ncommissioner for school districts pursuant to clause (i) of this\nsubparagraph is less than one hundred forty million dollars the\ndistricts shall be eligible for an additional grant in an amount up to\nthe difference between (1) the product of the amount of the district's\nbase year approved expenditures for capital outlays for school building\npurposes determined pursuant to subdivision six of section thirty-six\nhundred two of this article from its general fund, capital fund or from\na reserve fund that was approved by the board of education in a city\nwith a population of more than one hundred twenty-five thousand as of\nMay fifteenth, two thousand two or by the voters in another school\ndistrict prior to July first, two thousand two, based on data on file\nwith the commissioner on the first business day of September, two\nthousand two, multiplied by the sum of the aid ratio computed for such\nexpenditures pursuant to the provisions of paragraph c of subdivision\nsix of section thirty-six hundred two of this article, plus the\nincentive decimal, if any, calculated pursuant to subparagraph two of\nparagraph b of such subdivision six, provided that the amount of\nreimbursement attributable to approved expenditures for capital outlays\nfor joint facilities shall be determined pursuant to subparagraph four\nof this paragraph, minus, (2) the amount calculated pursuant to clause\n(i) of this subparagraph. Such additional grants shall be approved in\nthe order of the date of receipt of the district's application by the\ncommissioner, up to the total amount of the appropriation; provided that\nin the even that two or more school districts submit application on the\nsame day and full payment of the amounts so requested exceed such\nappropriation, the commissioner shall adjust the grant amounts to\nconform to such appropriation. In no event shall any grant not be\nawarded due to an inability of the commissioner to make a full award of\nthe amount on the application.\n  (4) In the case of two or more school districts eligible for operating\naid pursuant to section thirty-six hundred two of this article that have\nentered into an agreement in accordance with section one hundred\nnineteen-o of the general municipal law and subdivision six-b of section\nthirty-six hundred two of this article for approved expenditures for the\nconstruction or reconstruction of one or more single site joint\nfacilities where the general contract for the project shall have been\nawarded on or after July first, nineteen hundred ninety-three, and the\nproject and joint agreement shall have been approved by the commissioner\nand, for participating school districts in which the school budget is\nsubject to voter approval, the joint agreement has been approved by the\nvoters of the district, the lead district shall be eligible for the\nproduct of such base year approved expenditures for capital outlays for\nschool building purposes, multiplied by the sum of (i) the product for\neach of the participating districts of the district's aid ratio computed\nfor such expenditures pursuant to the provisions of paragraph c of\nsubdivision six of section thirty-six hundred two of this article\nmultiplied by the district's share of the use of the facility, plus (ii)\nthe incentive decimal, if any, calculated pursuant to subparagraph two\nof paragraph b of such subdivision six.\n  (5) Notwithstanding any other provisions of law to the contrary, the\namounts payable pursuant to this paragraph shall be certified by the\ncommissioner in accordance with section sixteen hundred eighty-nine-f of\nthe public authorities law and shall be paid to school districts by the\ndormitory authority of the state of New York, within the amounts\nappropriated for such purpose, from the proceeds of bonds and notes\nissued pursuant to such section sixteen hundred eighty-nine-f. Such\npayment shall fulfill any obligation of the state or the commissioner to\napportion funds pursuant to this paragraph, and whenever a school\ndistrict has been apportioned more money pursuant to this paragraph than\nthat to which it is entitled, the commissioner may deduct such amount\nfrom the next apportionment to be made to such school district.\n  b. Excess capital outlay transition grants. (1) For aid payable in the\ntwo thousand three--two thousand four school year, the commissioner\nshall, within the amounts appropriated for such purpose, provide grants\nto school districts in the amount of any excess of the product of the\namount of such school district's approved expenditures incurred in the\ntwo thousand one--two thousand two school year for capital outlays for\nschool building purposes determined pursuant to subdivision six of\nsection thirty-six hundred two of this article from its general fund,\ncapital fund or from a reserve fund, multiplied by the sum of the aid\nratio selected for use in the two thousand two--two thousand three\nschool year for such expenditures pursuant to the provisions of\nparagraph c of subdivision six of section thirty-six hundred two of this\narticle, plus the incentive decimal, if any, calculated for the two\nthousand two--two thousand three school year pursuant to subparagraph\ntwo of paragraph b of such subdivision six, provided that the amount of\nreimbursement attributable to approved expenditures for capital outlays\nfor joint facilities shall be determined pursuant to subparagraph four\nof paragraph a of this subdivision, based on data on file on the first\nbusiness day of September, two thousand three, over the amount\nreimbursed as capital outlay transition grants pursuant to the\nprovisions of paragraph a of this subdivision.\n  (2) A school district which was eligible for a grant pursuant to\nparagraph a of this subdivision and where the product of the amount of\nsuch school district's approved expenditures incurred in the two\nthousand one--two thousand two school year for capital outlays for\nschool building purposes determined pursuant to subdivision six of\nsection thirty-six hundred two of this article from its general fund,\ncapital fund or from a reserve fund, multiplied by the sum of the aid\nratio selected for use in the two thousand two--two thousand three\nschool year for such expenditures pursuant to the provisions of\nparagraph c of subdivision six of section thirty-six hundred two of this\narticle, plus the incentive decimal, if any, calculated for the two\nthousand two--two thousand three school year pursuant to subparagraph\ntwo of paragraph b of such subdivision six, provided that the amount of\nreimbursement attributable to approved expenditures for capital outlays\nfor joint facilities shall be determined pursuant to subparagraph four\nof paragraph a of this subdivision, is in excess of the amount it\nreceived under paragraph a of this subdivision shall be eligible to\napply for a grant pursuant to this subdivision in lieu of an\napportionment of aid for such approved expenditures pursuant to\nsubdivision six of section thirty-six hundred two of this article.\nApplication for such grant shall be made on or before the first business\nday of September, two thousand three in such form as the commissioner\nshall determine, and shall include documentation of actual approved\nexpenditures for capital outlays incurred in the two thousand one--two\nthousand two school year.\n  (3) Notwithstanding any other provision of law to the contrary, grants\nawarded pursuant to this paragraph shall be payable from funds\nappropriated for such purpose and shall be apportioned in accordance\nwith the payment schedule contained in section thirty-six hundred nine-a\nof this article.\n  c. Notwithstanding any other provision of law to the contrary,\napproved expenditures for capital outlays incurred in the two thousand\none--two thousand two school year shall not be eligible for an\napportionment pursuant to subdivision six of section thirty-six hundred\ntwo of this article, provided that nothing in this subdivision shall be\nconstrued to limit the eligibility of a school district for\nreorganization incentive building aid in the two thousand two--two\nthousand three school year based on computations pursuant to subdivision\nsix of section thirty-six hundred two of this article. Expenditures\nincurred for lease or other annual payments under the provisions of\nsection four hundred three-b, subdivision eight of section twenty-five\nhundred three or subdivision six of section twenty-five hundred\nfifty-four of this chapter, other than payments under a lease-purchase\nagreement or an equivalent agreement, and expenditures aidable pursuant\nto subdivisions six-c, six-d, or six-e of section thirty-six hundred two\nof this article, shall not be deemed capital outlay for purposes of this\nsubdivision.\n  13. Transportation capital expense transition grants. a. The\ncommissioner shall, upon application therefor, certify to the authorized\nissuer established pursuant to subdivision (b) of section sixty-one of\nthe chapter of the laws of two thousand four which added this\nsubdivision the amounts to be awarded as grants to school districts in\nthe two thousand four--two thousand five state fiscal year for\nreimbursement of approved expenses for transportation capital, debt\nservice and leases for the two thousand three--two thousand four school\nyear, as calculated pursuant to subdivision seven of section thirty-six\nhundred two of this article and this subdivision.\n  b. School districts which would have been eligible for an\napportionment for base year approved expenses for transportation\ncapital, debt service and leases, as defined in subdivision two of\nsection thirty-six hundred twenty-three-a of this article, pursuant to\nsubdivision seven of section thirty-six hundred two of this article in\nthe two thousand four--two thousand five school year under the\nprovisions of such subdivision seven in effect in the two thousand\nthree--two thousand four school year shall be eligible to apply for a\ngrant pursuant to this paragraph in lieu of an apportionment of aid for\nsuch approved expenses pursuant to subdivision seven of section\nthirty-six hundred two of this article.  Application for such grant\nshall be made on or before the first business day of November, two\nthousand four in such form as the commissioner shall determine, and\nshall include documentation of actual approved transportation capital,\ndebt service and/or lease expense incurred in the two thousand\nthree--two thousand four school year or that would otherwise have been\neligible for an apportionment in the two thousand four--two thousand\nfive school year pursuant to subdivision seven of section thirty-six\nhundred two of this article as it existed in the two thousand three--two\nthousand four school year.\n  c. Upon approval of such application by the commissioner, the district\nshall be eligible for a grant in an amount equal to the apportionment\ncomputed pursuant to subdivision seven of section thirty-six hundred two\nof this article on its approved expenses for transportation capital,\ndebt service and leases, as if such expenses continued to be aidable\nunder such subdivision seven, based on data on file with the\ncommissioner as of November first, two thousand four.\n  d. Notwithstanding any other provisions of law to the contrary, the\namounts payable pursuant to this paragraph shall be certified by the\ncommissioner in accordance with section sixty-one of the chapter of the\nlaws of two thousand four which added this subdivision and shall be paid\nto school districts by the authorized issuer established pursuant to\nsubdivision (b) of section fifty-four of the chapter of the laws of two\nthousand four which added this subdivision from the proceeds of bonds\nand notes issued pursuant to such section thirty-six. Such payment shall\nfulfill any obligation of the state or the commissioner to apportion\nfunds pursuant to this paragraph or subdivision seven of section\nthirty-six hundred two of this article for approved expenses for\ntransportation capital, debt service or leases, and whenever a school\ndistrict has been apportioned more money pursuant to this paragraph than\nthat to which it is entitled, the commissioner may deduct such amount\nfrom the next apportionment to be made to such school district.\n  * 14. Expanding our children's education and learning (EXCEL) a.\nEstablishment of the EXCEL program. There is hereby established the\nexpanding our children's education and learning (EXCEL) program to\nprovide project financing or assistance in the form of grants to\neligible school districts, in addition to, or in lieu of, the\napportionments made pursuant to subdivisions six, six-a, six-b, six-c,\nsix-d, six-e, six-f and paragraph c of subdivision fourteen of section\nthirty-six hundred two of this article, and subdivisions ten and twelve\nof this section, for the costs of EXCEL school facility projects. An\napportionment for any such project shall initially be available in the\nstate fiscal year commencing April first, two thousand six. Such\napportionment shall be used to fund projects certified by the\ncommissioner in accordance with subdivision six of section sixteen\nhundred eighty-nine-i of the public authorities law prior to December\nthirty-first, two thousand twenty-eight. Notwithstanding any provision\nof law to the contrary, the dormitory authority of the state of New York\nshall be authorized to issue bonds or notes in an aggregate amount not\nto exceed two billion six hundred million dollars for purposes of the\nEXCEL program.\n  b. Definitions. The following terms, whenever used or referred to in\nthis subdivision, unless the context indicates otherwise, shall have the\nfollowing meanings:\n  (1) "EXCEL project". An EXCEL project shall be certified by the\ncommissioner prior to December thirty-first, two thousand twenty-eight\nand shall include, but not be limited to, the acquisition, design,\nplanning, construction, reconstruction, rehabilitation, preservation,\ndevelopment, improvement or modernization of an EXCEL school facility,\nwhere such project:\n  (i) is (a) for a school district other than the city school district\nof the city of New York, a construction project that has been reviewed\nby the department and approved by the commissioner pursuant to this\nsubdivision, where a certification that a general construction contract\nhad been awarded for such project by or on behalf of the district was\nnot on file with the commissioner as of April first, two thousand six or\n(b) for the city school district of the city of New York, a project\nwhich is listed and contained in the five year capital plan, which has\nbeen approved and adopted by the city council pursuant to section\ntwenty-five hundred ninety-p of this chapter, for the two thousand five\nthrough two thousand nine fiscal years, and provided that such project\nmust commence, as close as practicable, according to the schedule set\nforth in the five year capital plan as amended and approved by the city\ncouncil as of July, two thousand five, and\n  (ii) falls within one or more of the following categories:\n  (a) An education technology project which, as a primary purpose,\nenhances the use of technology including but not limited to,\ninstructional content with video streaming, electrical upgrades, wiring,\ncabling installations, internet connections, fiber optics, conduits,\nraceways, telecommunication systems, hardware, electronic commerce and\nwireless options;\n  (b) A health and safety project which, as a primary purpose, addresses\nthe reduction or elimination of the risk of personal injury or harm to\noccupants of public school buildings used primarily for instruction,\nincluding but not limited to environmental remediation, the eradication\nof fire and health code violations, the provisions of adequate\nventilation including heating, ventilation and air conditioning\nequipment, and the rehabilitation and repair of existing facilities;\n  (c) An accessibility project which, as a primary purpose, enhances\naccessibility to public school buildings used primarily for instruction\nfor individuals with disabilities;\n  (d) A physical capacity expansion project or school construction\nproject which, as a primary purpose, expands the availability of\nadequate and appropriate instructional space in a public school building\nused primarily for instruction, including but not limited to expansions\nwhich provide for reduced class size and science laboratories; and\n  (e) An energy project which, as a primary purpose, reduces energy\ncosts and/or energy consumption.\n  (2) "EXCEL school facility". An EXCEL school facility shall mean an\nexisting or proposed facility or other property real and personal, and\nother appurtenances thereto to be utilized by a school district for\neducation purposes.\n  (3) "Eligible project costs". Eligible project costs, for purposes of\nthe EXCEL program shall mean any expenditures for an EXCEL project,\nwhere such project is eligible for an apportionment pursuant to\nsubdivisions six, six-a, six-b, six-f and/or paragraph c of subdivision\nfourteen of section thirty-six hundred two of this article.\n  (4) "Eligible school district" means a school district eligible to\nreceive an apportionment in lieu of operating aid in the two thousand\nsix--two thousand seven school year, apportioned pursuant to section\nthirty-six hundred two of this article, or eligible to receive an\napportionment of total foundation aid in the two thousand seven--two\nthousand eight school year and thereafter, pursuant to such section\nthirty-six hundred two of this article.\n  (5) "Maximum additional apportionment" means the sum of the following\namounts:\n  (i) For an eligible school district that is eligible for the high-need\nsupplemental building aid ratio pursuant to the provisions of clause (c)\nof subparagraph two of paragraph c of subdivision six of section\nthirty-six hundred two of this article, other than a city school\ndistrict in a city having a population of one million inhabitants or\nmore, an amount equal to the product of seven hundred seventy-eight\ndollars and twenty-two cents ($778.22) multiplied by the public school\ndistrict enrollment of the district in the two thousand five--two\nthousand six school year, as computed pursuant to subparagraph two of\nparagraph n of subdivision one of section thirty-six hundred two of this\narticle as based on data on file for the school aid computer listing\nproduced by the commissioner in support of the enacted budget for the\ntwo thousand six--two thousand seven school year and entitled "SA060-7".\n  (ii) For any other eligible school district, other than a city school\ndistrict in a city having a population of one million inhabitants or\nmore, an amount equal to the product of three hundred twenty dollars and\nforty-six cents ($320.46) multiplied by the public school district\nenrollment of the district in the two thousand five--two thousand six\nschool year, as computed pursuant to subparagraph two of paragraph n of\nsubdivision one of section thirty-six hundred two of this article as\nbased on data on file for the school aid computer listing produced by\nthe commissioner of education in support of the enacted budget for the\ntwo thousand six--two thousand seven school year and entitled "SA060-7".\n  (iii) For an eligible city school district in a city having a\npopulation of one million inhabitants or more one billion eight hundred\nmillion dollars.\n  c. EXCEL apportionment. (1) EXCEL apportionment for school\nenhancement.  Funds in an aggregate amount not to exceed eight hundred\nmillion dollars shall be available for grants to eligible school\ndistricts other than a city school district in a city having a\npopulation of one million inhabitants or more. Each eligible school\ndistrict which has an EXCEL project or projects shall be entitled to a\ngrant or grants for such project or projects in an amount whether in the\naggregate or otherwise, not to exceed the maximum additional\napportionment calculated for such school district. The amount of such\nmaximum additional apportionment not expended, disbursed or encumbered\nfor any such year shall be carried over for expenditure and disbursement\nto the next succeeding school year. Such maximum additional\napportionment may be used, at the option of the school district, in lieu\nof, or to supplement, the apportionments available pursuant to\nsubdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph\nc of subdivision fourteen of section thirty-six hundred two of this\narticle, and subdivisions ten and twelve of this section, provided that\nthe total of such apportionments less any semiannual payments of\ninterest computed pursuant to subparagraph three of paragraph e of\nsubdivision six of section thirty-six hundred two of this article plus\nthe grant payable pursuant to this subdivision for the total project\ncosts of any EXCEL project shall not exceed such total project costs,\nprovided further that where the school district opts to use the EXCEL\napportionment provided pursuant to this subdivision to supplement the\napportionments payable for approved project costs pursuant to\nsubdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph\nc of subdivision fourteen of section thirty-six hundred two of this\narticle, and subdivisions ten and twelve of this section, such EXCEL\napportionment shall not otherwise reduce such apportionments.  Except as\nauthorized in this paragraph, expenditures from the maximum additional\napportionment shall not be eligible for aid under any other provision of\nthis chapter.\n  (2) EXCEL apportionment for city facilities enhancement. Funds in an\naggregate amount not to exceed one billion eight hundred million dollars\nshall be available for grants to a city school district in a city having\na population of one million inhabitants or more. Such school district\nshall be entitled to a grant or grants for each EXCEL project or\nprojects in an amount whether in the aggregate or otherwise, not to\nexceed the maximum additional apportionment calculated for such school\ndistrict. The amount of such maximum additional apportionment not\nexpended, disbursed or encumbered for any such year shall be carried\nover for expenditure and disbursement to the next succeeding school\nyear. Such maximum additional apportionment may be used, at the option\nof the school district, in lieu of, or to supplement, the apportionments\navailable pursuant to subdivisions six, six-a, six-b, six-c, six-d,\nsix-e, six-f and paragraph c of subdivision fourteen of section\nthirty-six hundred two of this article, and subdivisions ten and twelve\nof this section, provided that the total of such apportionments less any\nsemiannual payments of interest computed pursuant to subparagraph two of\nparagraph e of subdivision six of section thirty-six hundred two of this\narticle plus the grant payable pursuant to this subdivision for the\ntotal project costs of any EXCEL project shall not exceed such total\nproject costs, provided further that where the school district opts to\nuse the EXCEL apportionment provided pursuant to this subdivision to\nsupplement the apportionments payable for approved project costs\npursuant to subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f\nand paragraph c of subdivision fourteen of section thirty-six hundred\ntwo of this article, and subdivisions ten and twelve of this section,\nsuch EXCEL apportionment shall not otherwise reduce such apportionments.\nExcept as authorized in this paragraph, expenditures from the maximum\nadditional apportionment shall not be eligible for aid under any other\nprovision of this chapter.\n  (3) The commissioner shall, upon application therefor in such form as\nthe commissioner may require, determine the amounts to be awarded as\ngrants to school districts as calculated pursuant to this subdivision.\nThe amounts determined pursuant to this subdivision shall be certified\nby the commissioner in accordance with subdivision six of section\nsixteen hundred eighty-nine-i of the public authorities law. Upon the\nissuance of bonds by the dormitory authority of the state of New York\npursuant to such section sixteen hundred eighty-nine-i, the amounts of\nmoney so certified shall be paid to school districts by the dormitory\nauthority from the proceeds of such bonds, provided, however, that the\npayment schedule set forth in subdivision one of this section shall not\napply to such payments. Such payment shall fulfill any obligation of the\nstate or the commissioner to apportion funds pursuant to this\nsubdivision, and whenever a school district has been apportioned more\nmoney pursuant to this subdivision than that to which it is entitled,\nthe commissioner may deduct such amount from the next apportionment to\nbe made to such school district.\n  * NB Repealed December 31, 2029\n  15. Annual professional performance reviews transition grants. a. For\nthe two thousand eleven--two thousand twelve school year and/or the two\nthousand twelve--two thousand thirteen school year provided, if a school\ndistrict has submitted a plan pursuant to paragraph k of subdivision two\nof section three thousand twelve-c of this chapter before June\nthirtieth, two thousand twelve and the commissioner finds that such plan\ndoes not meet the requirements of section three thousand twelve-c of\nthis chapter under paragraph k of subdivision two of section three\nthousand twelve-c of this chapter, and that the cost of implementing the\nlocally-developed components of an approved plan pursuant to paragraph k\nof subdivision two of section three thousand twelve-c of this chapter\nare more costly than the plan that is originally submitted, the\ncommissioner is authorized to award annual professional performance\nreviews transition grants to eligible school districts pursuant to this\nsubdivision.\n  b. Prior to the submission of the plan for approval under paragraph k\nof subdivision two of section three thousand twelve-c of this chapter a\nschool district may submit for review to the commissioner prior to June\nthirtieth, two thousand twelve locally developed components to meet the\nrequirements of section three thousand twelve-c of this chapter for the\ntwo thousand eleven--two thousand twelve school year and/or the two\nthousand twelve--two thousand thirteen school year. A school district\nshall have the authority to submit locally developed components to the\ncommissioner only if successfully determined through collective\nbargaining. The commissioner shall have the discretion and authority to\nreview such locally developed components and in such cases if the\ncommissioner determines that changes to the submitted locally developed\ncomponents are necessary to meet the requirements of section three\nthousand twelve-c of this chapter and further the commissioner\ndetermines such changes are more costly than the locally developed\ncomponents originally submitted under this paragraph, the commissioner\nis authorized to award annual professional performance reviews\ntransition grants to eligible school districts pursuant to this\nsubdivision upon final approval of the plan under paragraph k of\nsubdivision two of section three thousand twelve-c of this chapter.\n  c. The school district may provide a schedule of such additional\nexpenses, if any, on a form prescribed by the commissioner, that were\nnecessarily incurred by the school district in order to implement the\nspecific requirements of the commissioner contained in the approved\nplan. The commissioner shall have the discretion and authority to\napprove or disapprove such expenses from such schedule for grants under\nthis subdivision. The commissioner may require supporting documentation\nfrom the school district in order to determine whether or not such\nadditional expenses were valid, reasonable, and essential to\nimplementing the specific requirements of the commissioner and to\ndetermine whether or not such claim, or any part of such claim, be\napproved. The commissioner may also consider the manner in which the\ncomponents of the plan were developed and if such requirements were not\nmet as a result of a lack of good faith.\n  d. Approved additional expenses for annual professional performance\nreviews transition grants pursuant to this subdivision for the two\nthousand twelve--two thousand thirteen school year shall continue to be\neligible for reimbursement. Such approved expenses shall be eligible for\npayment on or after September first following the end of the school year\nin which such expenses were approved. In the event the appropriation for\npurposes of this subdivision in any year is insufficient to pay all\napproved claims pursuant to this subdivision, the commissioner shall pay\nsuch claims on a prorated basis among all districts filing such claims\nuntil the appropriation is exhausted. The commissioner shall promulgate\nrules and regulations necessary to implement the provisions of this\nsubdivision within sixty days of the effective date of the chapter of\nthe laws of two thousand thirteen that amended this paragraph.\n  16. Implementation of the smart schools bond act of 2014. a.\nDefinitions.  The following terms, whenever used or referred to in this\nsubdivision, unless the context indicates otherwise, shall have the\nfollowing meanings:\n  (1) "Bonds" shall mean general obligation bonds issued pursuant to the\n"smart schools bond act of 2014" in accordance with article VII of the\nNew York state constitution and article five of the state finance law.\n  (2) "Smart schools investment plan" shall mean a document prepared by\na school district setting forth the smart schools project or projects to\nbe undertaken with such district's smart schools allocation.\n  (3) "Smart schools project" shall mean a capital project as set forth\nand defined in subparagraphs four, five, six or seven of this paragraph.\n  (4) "Pre-kindergarten or transportable classroom unit (TCU)\nreplacement project" shall mean a capital project which, as a primary\npurpose, expands the availability of adequate and appropriate\ninstructional space for pre-kindergarten or provides for the expansion\nor construction of adequate and appropriate instructional space to\nreplace TCUs.\n  (5) "Community connectivity project" shall mean a capital project\nwhich, as a primary purpose, expands high-speed broadband or wireless\ninternet connectivity in the local community, including school buildings\nand campuses, for enhanced educational opportunity in the state.\n  (6) "Classroom technology project" shall mean a capital project to\nexpand high-speed broadband or wireless internet connectivity solely for\nschool buildings and campuses, or to acquire learning technology\nhardware for schools, classrooms, and student use, including but not\nlimited to whiteboards, computer servers, desktop computers, laptop\ncomputers, and tablet computers.\n  (7) "School safety and security technology project" shall mean a\ncapital project to install high-tech security features in school\nbuildings and on school campuses, including but not limited to video\nsurveillance, emergency notification systems and physical access\ncontrols, for enhanced educational opportunity in the state.\n  (8) "Selected school aid" shall mean the sum of the amounts set forth\nas "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL\nSERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &\nTECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL\nSUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL",\n"ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS\nCOST" under the heading "2013-14 BASE YEAR AIDS" in the school aid\ncomputer listing produced by the commissioner in support of the\nexecutive budget proposal for the two thousand fourteen-fifteen school\nyear.\n  (9) "Smart schools allocation" shall mean, for each school district,\nthe product of (i) two billion dollars ($2,000,000,000) multiplied by\n(ii) the quotient of such school district's selected school aid divided\nby the total selected school aid to all school districts.\n  b. Smart schools investment plans. (1) Subject to the approval of the\ndirector of the budget, the commissioner shall issue guidelines setting\nforth required components and eligibility criteria for smart schools\ninvestment plans to be submitted by school districts. Such guidelines\nshall include but not be limited to: (i) a timeline for school district\nsubmission of smart schools investment plans; (ii) any requirements for\nthe use of available state procurement options where applicable; (iii)\nany limitations on the amount of a district's smart schools allocation\nthat may be used for assets with a short probable life; and (iv) the\nloan of smart schools classroom technology pursuant to section seven\nhundred fifty-five of this chapter.\n  (2) No school district shall be entitled to a smart schools grant\nuntil such district shall have submitted a smart schools investment plan\nto the department and received the commissioner's approval of such\ninvestment plan. In developing such investment plan, school districts\nshall consult with parents, teachers, students, community members and\nother stakeholders.\n  (3) The commissioner shall review all smart schools investment plans\nfor compliance with all eligibility criteria and other requirements set\nforth in the guidelines. The commissioner may approve or reject such\nplans, or may return such plans to the school district for\nmodifications; provided that notwithstanding any inconsistent provision\nof law, the commissioner shall approve no such plan first submitted to\nthe department on or after April fifteenth, two thousand seventeen,\nunless such plan calculates the amount of classroom technology to be\nloaned to students attending nonpublic schools pursuant to section seven\nhundred fifty-five of this chapter in a manner that includes the amount\nbudgeted by the school district for servers, wireless access points and\nother portable connectivity devices to be acquired as part of a school\nconnectivity project. Upon approval, the smart schools project or\nprojects described in the investment plan shall be eligible for smart\nschools grants. A smart schools project included in a school district's\nsmart schools investment plan shall not require separate approval of the\ncommissioner unless it is part of a school construction project required\nto be submitted for approval of the commissioner pursuant to section\nfour hundred eight of this chapter and/or subdivision six of section\nthirty-six hundred two of this article. Any department, agency or public\nauthority shall provide the department with any information it requires\nto fulfill its duties pursuant to this subdivision.\n  (4) Any amendments or supplements to a smart schools investment plan\nshall be submitted to the department for approval, and shall not take\neffect until such approval is granted.\n  c. Expenditure of money. (1) Smart schools grants. Each school\ndistrict which has an approved smart schools investment plan including a\nsmart schools project or projects shall be entitled to a grant or grants\nfor the smart schools project or projects included therein in an amount,\nwhether in the aggregate or otherwise, not to exceed the smart schools\nallocation calculated for such school district. The amount of such\nallocation not expended, disbursed or encumbered for any school year\nshall be carried over for expenditure and disbursement to the next\nsucceeding school year. Expenditures from the smart schools allocation\nshall not be eligible for aid under any other provision of this chapter.\n  (2) The amounts determined pursuant to this subdivision to be paid to\nschool districts shall be certified by the commissioner in accordance\nwith this subdivision. If, upon the option of a school district, a smart\nschools investment plan directs that an amount be transferred or\nsuballocated to a department, agency, or public authority to be spent on\nbehalf of the school district, such amounts shall be transferred or\nsuballocated, consistent with such plan, upon the approval of the\ndirector of the budget. The amounts of money so certified or made\navailable shall be paid by the comptroller in accordance with\nappropriations therefor, provided, however, that the payment schedule\nset forth in subdivision one of this section shall not apply to such\npayments. Such payment shall fulfill any obligation of the state or the\ncommissioner to apportion funds pursuant to this subdivision, and\nwhenever a school district has been apportioned more money pursuant to\nthis subdivision than that to which it is entitled, the commissioner may\ndeduct such amount from the next apportionment to be made to such school\ndistrict.\n  d. Consistency with federal tax law. All actions taken pursuant to\nthis subdivision shall be reviewed for consistency with provisions of\nthe federal internal revenue code and regulations thereunder, in\naccordance with procedures established in connection with the issuance\nof any tax exempt bonds pursuant to this subdivision, to preserve the\ntax exempt status of such bonds.\n  e. Compliance with other law. Every recipient of funds to be made\navailable pursuant to this subdivision shall comply with all applicable\nstate, federal and local laws.\n  17. Learning loss grants. a. For the two thousand twenty-one--two\nthousand twenty-two school year, eligible school districts shall receive\ngrants in aid equal to the positive difference, if any, of the base ARPA\nallocation less ninety percent of the funds from the elementary and\nsecondary school emergency relief fund made available to school\ndistricts pursuant to the American rescue plan act of 2021, (P.L.\n117-2), but not less than seven hundred thousand dollars ($700,000), and\nnot more than ten million dollars ($10,000,000) or ten percent (0.1) of\nthe total expenditures from the district's general fund for the two\nthousand twenty--two thousand twenty-one school year, whichever is less.\nSchool districts where the base ARPA allocation is less than or equal to\nninety percent of the funds from the elementary and secondary school\nemergency relief fund made available to school districts pursuant to the\nAmerican rescue plan act of 2021, shall not be eligible for these\ngrants. Such grant funds shall remain available for obligation by such\nschool districts until the deadline therefor prescribed in federal law.\n  b. The "base ARPA allocation" shall be equal to the product of the\nadjusted per pupil amount multiplied by public school district\nenrollment for the base year as computed pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this article. The\n"adjusted per pupil amount" shall be equal to the product of: (1) four\nthousand five hundred fifty dollars and twenty-six cents ($4,550.26);\nmultiplied by (2) the regional cost index calculated in two thousand\neighteen, reflecting an analysis of labor market costs based on median\nsalaries in professional occupations that require similar credentials to\nthose of positions in the education field, but not including those\noccupations in the education field; multiplied by (3) the modified EN\nindex; and multiplied by (4) the learning loss wealth factor.\n  (1) For purposes of this paragraph, the "learning loss wealth factor"\nshall be equal to the positive difference, if any, of seventy-five\nhundredths (0.75) less half of the combined wealth ratio computed\npursuant to subparagraph one of paragraph c of subdivision three of\nsection thirty-six hundred two of this article.\n  (2) For purposes of this paragraph, the "modified EN index" shall be\nequal to the modified EN percent divided by the statewide average\nmodified EN percent, provided that for the two thousand twenty-one--two\nthousand twenty-two school year, the statewide average modified EN\npercent shall be equal to five thousand five hundred sixty-five\nten-thousandths (0.5565).\n  (3) For purposes of this paragraph, the "modified EN percent" shall be\nequal to the modified EN count divided by public school district\nenrollment for the base year computed pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this article.\n  (4) For purposes of this paragraph, the "modified EN count" shall\nequal the sum of (A) the product of fifty percent (0.5) multiplied by\nthe English language learner count computed pursuant to paragraph o of\nsubdivision one of section thirty-six hundred two of this article, plus\n(B) the sparsity count computed pursuant to paragraph r of subdivision\none of section thirty-six hundred two of this article, plus (C) the\nproduct of sixty-five hundredths (0.65) multiplied by the three-year\naverage small area income and poverty estimate rate computed pursuant to\nparagraph mm of subdivision one of section thirty-six hundred two of\nthis article and multiplied further by public school district enrollment\nfor the base year as computed pursuant to paragraph n of subdivision one\nof section thirty-six hundred two of this article, plus (D) the product\nof sixty-five hundredths (0.65) multiplied by the three-year average\neconomically disadvantaged rate defined pursuant to paragraph ll of\nsubdivision one of section thirty-six hundred two of this article and\nmultiplied further by public school district enrollment for the base\nyear as computed pursuant to paragraph n of subdivision one of section\nthirty-six hundred two of this article.\n  c. Districts receiving learning loss grants shall use: (1) fourteen\nand two hundred eighty-six thousandths percent (0.14286) of such grants\nfor implementation of evidence-based summer enrichment programs; (2)\nfourteen and two hundred eighty-six thousandths percent (0.14286) for\nimplementation of evidence-based comprehensive afterschool programs; and\n(3) the remaining funds for activities to address learning loss by\nsupporting the implementation of evidence-based interventions, such as\nsummer learning or summer enrichment, extended day, comprehensive\nafterschool programs, or extended school year programs. School districts\nshall ensure that such interventions respond to students' academic,\nsocial, and emotional needs and address the disproportionate impact of\nthe coronavirus on low-income students, children with disabilities,\nEnglish learners, migrant students, students experiencing homelessness,\nand children in foster care.\n