N.Y. EDN Law § 3012-C — New York Code / Act EDN / Title 4 / Article 61 / Section 3012-C
Annual professional performance review of classroom teachers and building principals
Status: in_force

§ 3012-c. Annual professional performance review of classroom teachers\nand building principals. 1. Notwithstanding any other provision of law,\nrule or regulation to the contrary, the annual professional performance\nreviews of all classroom teachers and building principals employed by\nschool districts or boards of cooperative educational services shall be\nconducted in accordance with the provisions of this section. Such\nperformance reviews which are conducted on or after July first, two\nthousand eleven, or on or after the date specified in paragraph c of\nsubdivision two of this section where applicable, shall include measures\nof student achievement and be conducted in accordance with this section.\nSuch annual professional performance reviews shall be a significant\nfactor for employment decisions including but not limited to, promotion,\nretention, tenure determination, termination, and supplemental\ncompensation, which decisions are to be made in accordance with locally\ndeveloped procedures negotiated pursuant to the requirements of article\nfourteen of the civil service law where applicable. Provided, however,\nthat nothing in this section shall be construed to affect the unfettered\nstatutory right of a school district or board of cooperative educational\nservices to terminate a probationary teacher or principal for any\nstatutorily and constitutionally permissible reasons, including but not\nlimited to misconduct and until a tenure decision is made, the\nperformance of the teacher or principal in the classroom. Such\nperformance reviews shall also be a significant factor in teacher and\nprincipal development, including but not limited to, coaching, induction\nsupport and differentiated professional development, which are to be\nlocally established in accordance with procedures negotiated pursuant to\nthe requirements of article fourteen of the civil service law.\n  2. a. (1) The annual professional performance reviews conducted\npursuant to this section for classroom teachers and building principals\nshall differentiate teacher and principal effectiveness using the\nfollowing quality rating categories: highly effective, effective,\ndeveloping and ineffective, with explicit minimum and maximum scoring\nranges for each category, for the state assessments and other comparable\nmeasures subcomponent of the evaluation and for the locally selected\nmeasures of student achievement subcomponent of the evaluation, as\nprescribed in the regulations of the commissioner. There shall be: (i) a\nstate assessments and other comparable measures subcomponent which shall\ncomprise twenty or twenty-five percent of the evaluation; (ii) a locally\nselected measures of student achievement subcomponent which shall\ncomprise twenty or fifteen percent of the evaluation; and (iii) an other\nmeasures of teacher or principal effectiveness subcomponent which shall\ncomprise the remaining sixty percent of the evaluation, which in sum\nshall constitute the composite teacher or principal effectiveness score.\nSuch annual professional performance reviews shall result in a single\ncomposite teacher or principal effectiveness score, which incorporates\nmultiple measures of effectiveness related to the criteria included in\nthe regulations of the commissioner.\n  (2) For annual professional performance reviews conducted in\naccordance with paragraph b of this subdivision for the two thousand\neleven--two thousand twelve school year and for annual professional\nperformance reviews conducted in accordance with paragraphs f and g of\nthis subdivision for the two thousand twelve--two thousand thirteen\nschool year, the overall composite scoring ranges shall be in accordance\nwith this subparagraph. A classroom teacher and building principal shall\nbe deemed to be:\n  (A) Highly Effective if they achieve a composite effectiveness score\nof 91-100.\n  (B) Effective if they achieve a composite effectiveness score of\n75-90.\n  (C) Developing if they achieve a composite effectiveness score of\n65-74.\n  (D) Ineffective if they achieve a composite effectiveness score of\n0-64.\n  (3) For annual professional performance reviews conducted in\naccordance with paragraph b of this subdivision for the two thousand\neleven--two thousand twelve school year and for annual professional\nperformance reviews conducted in accordance with paragraph f of this\nsubdivision for the two thousand twelve--two thousand thirteen school\nyear for classroom teachers in subjects and grades for which the board\nof regents has not approved a value-added model and for building\nprincipals employed in schools or programs for which there is no\napproved principal value-added model, the scoring ranges for the student\ngrowth on state assessments or other comparable measures subcomponent\nshall be in accordance with this subparagraph. A classroom teacher and\nbuilding principal shall receive:\n  (A) a highly effective rating in this subcomponent if the teacher's or\nprincipal's results are well-above the state average for similar\nstudents and they achieve a subcomponent score of 18-20;\n  (B) an effective rating in this subcomponent if the teacher's or\nprincipal's results meet the state average for similar students and they\nachieve a subcomponent score of 9-17; or\n  (C) a developing rating in this subcomponent if the teacher's or\nprincipal's results are below the state average for similar students and\nthey achieve a subcomponent score of 3-8; or\n  (D) an ineffective rating in this subcomponent, if the teacher's or\nprincipal's results are well-below the state average for similar\nstudents and they achieve a subcomponent score of 0-2.\n  (4) For annual professional performance reviews conducted in\naccordance with paragraph g of this subdivision for the two thousand\ntwelve--two thousand thirteen school year for classroom teachers in\nsubjects and grades for which the board of regents has approved a\nvalue-added model and for building principals employed in schools or\nprograms for which there is an approved principal value-added model, the\nscoring ranges for the student growth on state assessments or other\ncomparable measures subcomponent shall be in accordance with this\nsubparagraph. A classroom teacher and building principal shall receive:\n  (A) a highly effective rating in this subcomponent if the teacher's or\nprincipal's results are well-above the state average for similar\nstudents and they achieve a subcomponent score of 22-25;\n  (B) an effective rating in this subcomponent if the teacher's or\nprincipal's results meet the state average for similar students and they\nachieve a subcomponent score of 10-21; or\n  (C) a developing rating in this subcomponent if the teacher's or\nprincipal's results are below the state average for similar students and\nthey achieve a subcomponent score of 3-9; or\n  (D) an ineffective rating in this subcomponent, if the teacher's or\nprincipal's results are well-below the state average for similar\nstudents and they achieve a subcomponent score of 0-2.\n  (5) For annual professional performance reviews conducted in\naccordance with paragraph b of this subdivision for the two thousand\neleven--two thousand twelve school year and for annual professional\nperformance reviews conducted in accordance with paragraph f of this\nsubdivision for the two thousand twelve--two thousand thirteen school\nyear for classroom teachers in subjects and grades for which the board\nof regents has not approved a value-added model and for building\nprincipals employed in schools or programs for which there is no\napproved principal value-added model, the scoring ranges for the locally\nselected measures of student achievement subcomponent shall be in\naccordance with this subparagraph.  A classroom teacher and building\nprincipal shall receive:\n  (A) a highly effective rating in this subcomponent if the results are\nwell-above district-adopted expectations for student growth or\nachievement and they achieve a subcomponent score of 18-20; or\n  (B) an effective rating in this subcomponent if the results meet\ndistrict-adopted expectations for growth or achievement and they achieve\na subcomponent score of 9-17; or\n  (C) a developing rating in this subcomponent if the results are below\ndistrict-adopted expectations for growth or achievement and they achieve\na subcomponent score of 3-8; or\n  (D) an ineffective rating in this subcomponent if the results are\nwell-below district-adopted expectations for growth or achievement and\nthey achieve a subcomponent score of 0-2.\n  (6) For annual professional performance reviews conducted in\naccordance with paragraph b of this subdivision for the two thousand\neleven--two thousand twelve school year and for annual professional\nperformance reviews conducted in accordance with paragraph g of this\nsubdivision for the two thousand twelve--two thousand thirteen school\nyear for classroom teachers in subjects and grades for which the board\nof regents has approved a value-added model and for building principals\nemployed in schools or programs for which there is an approved principal\nvalue-added model, the scoring ranges for the locally selected measures\nof student achievement subcomponent shall be in accordance with this\nsubparagraph.  A classroom teacher and building principal shall receive:\n  (A) a highly effective rating in this subcomponent if the results are\nwell-above district-adopted expectations for student growth or\nachievement and they achieve a subcomponent score of 14-15; or\n  (B) an effective rating in this subcomponent if the results meet\ndistrict-adopted expectations for growth or achievement and they achieve\na subcomponent score of 8-13; or\n  (C) a developing rating in this subcomponent if the results are below\ndistrict-adopted expectations for growth or achievement and they achieve\na subcomponent score of 3-7; or\n  (D) an ineffective rating in this subcomponent if the results are\nwell-below district-adopted expectations for growth or achievement and\nthey achieve a subcomponent score of 0-2.\n  (7) For the two thousand thirteen--two thousand fourteen school year\nand thereafter, the commissioner shall review the specific scoring\nranges for each of the rating categories annually before the start of\neach school year and shall recommend any changes to the board of regents\nfor consideration.\n  (8) Except for the student growth measures on the state assessments or\nother comparable measures of student growth prescribed in paragraphs e,\nf and g of this subdivision, the elements comprising the composite\neffectiveness score and the process by which points are assigned to\nsubcomponents shall be locally developed, consistent with the standards\nprescribed in the regulations of the commissioner and the requirements\nof this section, through negotiations conducted, pursuant to the\nrequirements of article fourteen of the civil service law.\n  b. (1) Annual professional performance reviews conducted by school\ndistricts or boards of cooperative educational services for the two\nthousand eleven--two thousand twelve school year of classroom teachers\nof common branch subjects or English language arts or mathematics in\ngrades four to eight and all building principals of schools in which\nsuch teachers are employed shall be conducted pursuant to this\nsubdivision and shall use two thousand ten--two thousand eleven school\nyear student data as the baseline for the initial computation of the\ncomposite teacher or principal effectiveness score for such classroom\nteachers and principals.\n  (2) Subject to paragraph k of this subdivision the entire annual\nprofessional performance review shall be completed and provided to the\nteacher or principal as soon as practicable but in no case later than\nSeptember first, two thousand twelve. The provisions of subparagraphs\ntwo and three of paragraph c of this subdivision shall apply to such\nreviews.\n  c. (1) Annual professional performance reviews conducted by school\ndistricts or boards of cooperative educational services for the two\nthousand twelve--two thousand thirteen school year and thereafter of all\nclassroom teachers and all building principals shall be conducted\npursuant to this subdivision and shall use two thousand eleven--two\nthousand twelve school year student data as the baseline for the initial\ncomputation of the composite teacher or principal effectiveness score\nfor such classroom teachers and principals. For purposes of this\nsection, an administrator in charge of an instructional program of a\nboard of cooperative educational services shall be deemed to be a\nbuilding principal.\n  (2) Subject to paragraph k of this subdivision the entire annual\nprofessional performance review shall be completed and provided to the\nteacher or principal as soon as practicable but in no case later than\nSeptember first of the school year next following the school year for\nwhich the classroom teacher or building principal's performance is being\nmeasured. The teacher's and principal's score and rating on the locally\nselected measures subcomponent, if available, and on the other measures\nof teacher and principal effectiveness subcomponent for a teacher's or\nprincipal's annual professional performance review shall be computed and\nprovided to the teacher or principal, in writing, by no later than the\nlast day of the school year for which the teacher or principal is being\nmeasured. Nothing in this subdivision shall be construed to authorize a\nteacher or principal to trigger the appeal process prior to receipt of\nhis or her composite effectiveness score and rating.\n  (3) Each such annual professional performance review shall be based on\nthe state assessments or other comparable measures subcomponent, the\nlocally selected measures of student achievement subcomponent and the\nother measures of teacher and principal effectiveness subcomponent,\ndetermined in accordance with the applicable provisions of this section\nand the regulations of the commissioner, for the school year for which\nthe teacher's or principal's performance is measured.\n  d. Prior to any evaluation being conducted in accordance with this\nsection, each individual who is responsible for conducting an evaluation\nof a teacher or building principal shall receive appropriate training in\naccordance with the regulations of the commissioner of education.\n  e. (1) For annual professional performance reviews conducted in\naccordance with paragraph b of this subdivision for the two thousand\neleven--two thousand twelve school year, forty percent of the composite\nscore of effectiveness shall be based on student achievement measures as\nfollows: (i) twenty percent of the evaluation shall be based upon\nstudent growth data on state assessments as prescribed by the\ncommissioner or a comparable measure of student growth if such growth\ndata is not available; and (ii) twenty percent shall be based on other\nlocally selected measures of student achievement that are determined to\nbe rigorous and comparable across classrooms in accordance with the\nregulations of the commissioner and as are developed locally in a manner\nconsistent with procedures negotiated pursuant to the requirements of\narticle fourteen of the civil service law.\n  (2) Such locally selected measures may include measures of student\nachievement or growth on state assessments, regents examinations and/or\ndepartment approved equivalent, provided that such measures are\ndifferent from those prescribed by the commissioner pursuant to clause\n(i) of subparagraph one of this paragraph. The regulations of the\ncommissioner shall describe the types of measures of student growth or\nachievement that may be locally selected. The selection of the local\nmeasure(s) as described in this paragraph to be used by the school\ndistrict or board of cooperative educational services shall be\ndetermined through collective bargaining.\n  f. (1) For annual professional performance reviews conducted in\naccordance with paragraph c of this subdivision for the two thousand\ntwelve--two thousand thirteen school year and thereafter for classroom\nteachers in subjects and grades for which the board of regents has not\napproved a value-added model and for building principals employed in\nschools or programs for which there is no approved principal value-added\nmodel, forty percent of the composite score of effectiveness shall be\nbased on student achievement measures as follows: (i) twenty percent of\nthe evaluation shall be based upon student growth data on state\nassessments as prescribed by the commissioner or a comparable measure of\nstudent growth if such growth data is not available; and (ii) twenty\npercent shall be based on other locally selected measures of student\nachievement that are determined to be rigorous and comparable across\nclassrooms in accordance with the regulations of the commissioner and as\nare developed locally in a manner consistent with procedures negotiated\npursuant to the requirements of article fourteen of the civil service\nlaw.\n  (2) One or more of the following types of locally selected measures of\nstudent achievement or growth may be used for the evaluation of\nclassroom teachers:\n  (i) student achievement or growth on state assessments, regents\nexaminations and/or department approved alternative examinations as\ndescribed in the regulations of the commissioner including, but not\nlimited to, advanced placement examinations, international baccalaureate\nexaminations, and SAT II, using a measure that is different from the\ngrowth score prescribed by the department for student growth on such\nassessments or examinations for purposes of the state assessment or\nother comparable measures subcomponent that is either:\n  (A) the change in percentage of a teacher's students who achieve a\nspecific level of performance as determined locally, on such\nassessments/examinations compared to those students' level of\nperformance on such assessments/examinations in the previous school year\nsuch as a three percentage point increase in students earning the\nproficient level (three) or better performance level on the seventh\ngrade math state assessment compared to those same students' performance\nlevels on the sixth grade math state assessment, or an increase in the\npercentage of a teacher's students earning the advanced performance\nlevel (four) on the fourth grade English language arts or math state\nassessments compared to those students' performance levels on the third\ngrade English language arts or math state assessments; or\n  (B) a teacher specific growth score computed by the department based\non the percent of the teacher's students earning a department determined\nlevel of growth. The methodology to translate such growth into the\nstate-established subcomponent scoring ranges shall be determined\nlocally; or\n  (C) a teacher-specific achievement or growth score computed in a\nmanner determined locally based on a measure of student performance on\nthe state assessments, regents examinations and/or department approved\nalternative examinations other than the measure described in item (A) or\n(B) of this subparagraph;\n  (ii) student growth or achievement computed in a manner determined\nlocally based on a student assessment approved by the department\npursuant to a request for qualification process established in the\nregulations of the commissioner;\n  (iii) student growth or achievement computed in a manner determined\nlocally based on a district, regional or BOCES-developed assessment that\nis rigorous and comparable across classrooms;\n  (iv) a school-wide measure of either student growth or achievement\nbased on either:\n  (A) a state-provided student growth score covering all students in the\nschool that took the state assessment in English language arts or\nmathematics in grades four through eight;\n  (B) a school-wide measure of student growth or achievement computed in\na manner determined locally based on a district, regional or board of\ncooperative educational services developed assessment that is rigorous\nand comparable across classrooms or a department approved student\nassessment or based on a state assessment; or\n  (v) where applicable, for teachers in any grade or subject where there\nis no growth or value-added growth model approved by the board of\nregents at that grade level or in that subject, a structured\ndistrict-wide student growth goal-setting process to be used with any\nstate assessment or an approved student assessment or a district,\nregional or BOCES-developed assessment that is rigorous and comparable\nacross classrooms.\n  (3) One or more of the following types of locally selected measures of\nstudent achievement or growth may be used for the evaluation of\nprincipals, provided that each measure is rigorous and comparable across\nclassrooms and that any such measure shall be different from that used\nfor the state assessment or other comparable measures subcomponent:\n  (i) student achievement levels on state assessments in English\nlanguage arts and/or mathematics in grades four to eight such as\npercentage of students in the school whose performance levels on state\nassessments are proficient or advanced, as defined in the regulations of\nthe commissioner;\n  (ii) student growth or achievement on state or other assessments in\nEnglish language arts and/or mathematics in grades four to eight for\nstudents in each of the performance levels described in the regulations\nof the commissioner;\n  (iii) student growth or achievement on state assessments in English\nlanguage arts and/or mathematics in grades four to eight for students\nwith disabilities and English language learners in grades four to eight;\n  (iv) student performance on any or all of the district-wide locally\nselected measures approved for use in teacher evaluations;\n  (v) for principals employed in a school with high school grades, four,\nfive and/or six-year high school graduation and/or dropout rates;\n  (vi) percentage of students who earn a regents diploma with advanced\ndesignation and/or honors as defined in the regulations of the\ncommissioner, for principals employed in a school with high school\ngrades;\n  (vii) percentage of a cohort of students that achieve specified scores\non regents examinations and/or department approved alternative\nexaminations including, but not limited to, advanced placement\nexaminations, international baccalaureate examinations and SAT II, for\nprincipals employed in a school with high school grades such as the\npercentage of students in the two thousand nine cohort that scored at\nleast a three on an advanced placement examination since entry into the\nninth grade; and/or\n  (viii) students' progress toward graduation in the school using strong\npredictive indicators, including but not limited to ninth and/or tenth\ngrade credit accumulation and/or the percentage of students that pass\nninth and/or tenth grade subjects most commonly associated with\ngraduation and/or students' progress in passing the number of required\nregents examinations for graduation, for principals employed in a school\nwith high school grades.\n  (ix) For school districts or boards of cooperative educational\nservices that choose to use more than one set of locally selected\nmeasures described in this paragraph for principals in the same or\nsimilar grade configuration or program such as one set of locally\nselected measures is used to evaluate principals in some K-5 schools and\nanother set of locally selected measures is used to evaluate principals\nin the other K-5 schools in the district, the superintendent or district\nsuperintendent shall, in their professional performance review plan,\ncertify that the sets of measures are comparable, in accordance with the\ntesting standards as defined in regulations of the commissioner.\n  (x) For building principals employed in schools or programs for which\nthere is no approved principal value-added model, the types of locally\nselected measures of student achievement or growth specified in\nsubparagraph three of paragraph g of this subdivision may be used. In\naddition, a structured district-wide student growth goal-setting process\nto be used with any state assessment or an approved student assessment\nor a district, regional of BOCES-developed assessment that is rigorous\nand comparable across classrooms may be a locally selected measure.\n  (4) The selection of the local measure or measures as described in\nsubparagraphs two and three of this paragraph to be used by the school\ndistrict or board of cooperative educational services shall be\ndetermined through collective bargaining.\n  g. (1) For annual professional performance reviews conducted in\naccordance with paragraph c of this subdivision for the two thousand\ntwelve--two thousand thirteen school year and thereafter for classroom\nteachers in subjects and grades in which there is a value-added growth\nmodel approved by the board of regents and for building principals\nemployed in schools or programs for which there is an approved principal\nvalue-added model, forty percent of the composite score of effectiveness\nshall be based on student achievement measures as follows: (i)\ntwenty-five percent of the evaluation shall be based upon student growth\ndata on state assessments as prescribed by the commissioner or a\ncomparable measure of student growth if such growth data is not\navailable; and (ii) fifteen percent shall be based on other locally\nselected measures of student achievement that are determined to be\nrigorous and comparable across classrooms in accordance with the\nregulations of the commissioner and as are locally developed in a manner\nconsistent with procedures negotiated pursuant to the requirements of\narticle fourteen of the civil service law. The department shall develop\nthe value-added growth model and shall consult with the advisory\ncommittee established pursuant to subdivision seven of this section\nprior to recommending that the board of regents approve its use in\nevaluations.\n  (2) One or more of the following types of locally selected measures of\nstudent achievement or growth may be used for the evaluation of\nclassroom teachers:\n  (i) student achievement or growth on state assessments, regents\nexaminations and/or department approved alternative examinations as\ndescribed in the regulations of the commissioner including, but not\nlimited to, advanced placement examinations, international baccalaureate\nexaminations and SAT II, using a measure that is different from the\ngrowth score prescribed by the department for student growth on such\nassessments or examinations for purposes of the state assessment or\nother comparable measures subcomponent that is either:\n  (A) the change in percentage of a teacher's students who achieve a\nspecific level of performance as determined locally, on such\nassessments/examinations compared to those students' level of\nperformance on such assessments/examinations in the previous school year\nsuch as a three percentage point increase in students earning the\nproficient level (three) or better performance level on the seventh\ngrade math state assessment compared to those same students' performance\nlevels on the sixth grade math state assessment, or an increase in the\npercentage of a teacher's students earning the advanced performance\nlevel (four) on the fourth grade English language arts or math state\nassessments compared to those students' performance levels on the third\ngrade English language arts or math state assessments; or\n  (B) a teacher specific growth score computed by the state based on the\npercent of the teacher's students earning a state determined level of\ngrowth. The methodology to translate such growth into the\nstate-established subcomponent scoring ranges shall be determined\nlocally; or\n  (C) a teacher-specific achievement or growth score computed in a\nmanner determined locally based on a measure of student performance on\nthe state assessments, regents examinations and/or department approved\nalternative examinations other than the measure described in item (A) or\n(B) of this subparagraph;\n  (ii) student growth or achievement computed in a manner determined\nlocally based on a student assessment approved by the department\npursuant to a request for qualification process established in the\nregulations of the commissioner;\n  (iii) student growth or achievement computed in a manner determined\nlocally based on a district, regional or BOCES-developed assessment that\nis rigorous and comparable across classrooms;\n  (iv) a school-wide measure of either student growth or achievement\nbased on either:\n  (A) a state-provided student growth score covering all students in the\nschool that took the state assessment in English language arts or\nmathematics in grades four through eight; or\n  (B) a school-wide measure of student growth or achievement computed in\na manner determined locally based on a district, regional or board of\ncooperative educational services developed assessment that is rigorous\nand comparable across classrooms or a department approved student\nassessment or based on a state assessment.\n  (3) One or more of the following types of locally selected measures of\nstudent achievement or growth may be used for the evaluation of\nprincipals, provided that each measure is rigorous and comparable across\nclassrooms and that any such measure shall be different from that used\nfor the state assessment or other comparable measures subcomponent:\n  (i) student achievement levels on state assessments in English\nlanguage arts and/or mathematics in grades four to eight such as\npercentage of students in the school whose performance levels on state\nassessments are proficient or advanced, as defined in the regulations of\nthe commissioner;\n  (ii) student growth or achievement on state or other assessments in\nEnglish language arts and/or mathematics in grades four to eight for\nstudents in each of the performance levels described in the regulations\nof the commissioner;\n  (iii) student growth or achievement on state assessments in English\nlanguage arts and/or mathematics in grades four to eight for students\nwith disabilities and English language learners in grades four to eight;\n  (iv) student performance on any or all of the district-wide locally\nselected measures approved for use in teacher evaluations;\n  (v) for principals employed in a school with high school grades, four,\nfive and/or six-year high school graduation and/or dropout rates;\n  (vi) percentage of students who earn a regents diploma with advanced\ndesignation and/or honors as defined in the regulations of the\ncommissioner, for principals employed in a school with high school\ngrades;\n  (vii) percentage of a cohort of students that achieve specified scores\non regents examinations and/or department approved alternative\nexaminations including, but not limited to, advanced placement\nexaminations, international baccalaureate examinations and SAT II, for\nprincipals employed in a school with high school grades such as the\npercentage of students in the two thousand nine cohort that scored at\nleast a three on an advanced placement examination since entry into the\nninth grade; and/or\n  (viii) students' progress toward graduation in the school using strong\npredictive indicators, including but not limited to ninth and/or tenth\ngrade credit accumulation and/or the percentage of students that pass\nninth and/or tenth grade subjects most commonly associated with\ngraduation and/or students' progress in passing the number of required\nregents examinations for graduation, for principals employed in a school\nwith high school grades.\n  (ix) For school districts or boards of cooperative educational\nservices that choose to use more than one set of locally selected\nmeasures described in this paragraph for principals in the same or\nsimilar grade configuration or program, the superintendent or district\nsuperintendent shall, in their professional performance review plan,\ncertify that the sets of measures are comparable, in accordance with the\ntesting standards as defined in regulations of the commissioner.\n  (4) The selection of the local measure or measures as described in\nsubparagraphs two and three of this paragraph to be used by the school\ndistrict or board of cooperative educational services shall be\ndetermined through collective bargaining.\n  h. The remaining sixty percent of the evaluations, ratings and\neffectiveness scores shall be locally developed, consistent with the\nstandards prescribed in the regulations of the commissioner, through\nnegotiations conducted pursuant to article fourteen of the civil service\nlaw.\n  (1) A majority of the sixty points for classroom teachers shall be\nbased on multiple classroom observations conducted by a principal or\nother trained administrator, which may be performed in-person or by\nvideo. For evaluations for the two thousand twelve--two thousand\nthirteen school year and thereafter, at least one such observation shall\nbe an unannounced visit.\n  (2) For the remaining portion of these sixty points for evaluations\nfor the two thousand eleven--two thousand twelve school year, the\ncommissioner's regulation shall prescribe the other forms of evidence of\nteacher and principal effectiveness that may be used.\n  (3) For evaluations of classroom teachers for the two thousand\ntwelve--two thousand thirteen school year and thereafter, the remaining\nportion of these sixty points shall be based on one or more of the\nfollowing:\n  (i) one or more classroom observations by independent trained\nevaluators selected by the school district or board of cooperative\neducational services who are teachers or former teachers with a\ndemonstrated record of effectiveness and have no prior affiliation with\nthe school in which they are conducting the evaluation and no other\nrelationship with the teachers being evaluated that would affect their\nimpartiality;\n  (ii) classroom observations by trained in-school peer teachers; and/or\n  (iii) use of a state-approved instrument for parent or student\nfeedback; and/or\n  (iv) evidence of student development and performance through lesson\nplans, student portfolios and other artifacts of teacher practices\nthrough a structured review process.\n  (4) A majority of these sixty points for building principals shall be\nbased on a broad assessment of the principal's leadership and management\nactions based on the principal practice rubric by the building\nprincipal's supervisor, a trained administrator or a trained independent\nevaluator, with one or more visits conducted by the supervisor, and, for\nevaluations for the two thousand twelve--two thousand thirteen school\nyear and thereafter, that such assessment must incorporate multiple\nschool visits by a supervisor, a trained administrator or other trained\nevaluator, with at least one visit conducted by the supervisor and at\nleast one unannounced visit. For the remaining portion of these sixty\npoints for evaluations for the two thousand eleven--two thousand twelve\nschool year, such regulations shall also prescribe the other forms of\nevidence of principal effectiveness that may be used consistent with the\nstandards prescribed by the commissioner.\n  (5) For evaluations of building principals for the two thousand\ntwelve--two thousand thirteen school year and thereafter, the remaining\nportion of these sixty points shall include, in addition to the\nrequirements of subparagraph three of this paragraph, at least two other\nsources of evidence from the following options: feedback from teachers,\nstudents, and/or families using state-approved instruments; school\nvisits by other trained evaluators; and/or review of school documents,\nrecords, and/or state accountability processes. Any such remaining\npoints shall be assigned based on the results of one or more ambitious\nand measurable goals set collaboratively with principals and their\nsuperintendents or district superintendents as follows:\n  (i) at least one goal must address the principal's contribution to\nimproving teacher effectiveness, which shall include one or more of the\nfollowing: improved retention of high performing teachers, the\ncorrelation between student growth scores of teachers granted tenure as\nopposed to those denied tenure; or improvements in the proficiency\nrating of the principal on specific teacher effectiveness standards in\nthe principal practice rubric.\n  (ii) any other goals shall address quantifiable and verifiable\nimprovements in academic results or the school's learning environmental\nsuch as student or teacher attendance.\n  (6) The district or board of cooperative educational services shall\nestablish specific minimum and maximum scoring ranges for each\nperformance level within this subcomponent before the start of each\nschool year and shall assign points to a teacher or principal for this\nsubcomponent based on the standards prescribed in the regulations of the\ncommissioner, all in accordance with, and subject to, the requirements\nof paragraph j of this subdivision.\n  i. For purposes of this section, student growth means the change in\nstudent achievement for an individual student between two or more points\nin time.\n  j. (1) The process by which points are assigned in subcomponents and\nthe scoring ranges for the subcomponents must be transparent and\navailable to those being rated before the beginning of each school year.\nThe process by which points are assigned in the respective subcomponents\nare to be determined as follows:\n  (i) For the state assessment or other comparable measures\nsubcomponent, that process shall be formulated by the commissioner with\nthe approval of the board of regents.\n  (ii) For the locally selected measures of the student achievement\nsubcomponent, that process shall be established locally through\nnegotiations conducted under article fourteen of the civil service law.\n  (iii) For the other measures of teacher and principal effectiveness\nsubcomponent, that process shall be established locally through\nnegotiations conducted under article fourteen of the civil services law.\n  (2) Such process must ensure that it is possible for a teacher or\nprincipal to obtain each point in the applicable scoring ranges,\nincluding zero, for the state assessment or other comparable measures\nsubcomponent, the locally selected measures of student achievement\nsubcomponent and the overall rating categories. The process must also\nensure that it is possible for a teacher or principal to obtain each\npoint in the scoring ranges prescribed by the district or board of\ncooperative educational services for the other measures of teacher and\nprincipal effectiveness subcomponent.\n  (3) The superintendent, district superintendent or chancellor and the\npresident of the collective bargaining representative (where one exists)\nshall certify in its plan that the process will use the narrative\ndescriptions of the standards for the scoring ranges provided in the\nregulations of the commissioner to effectively differentiate a teacher\nor principal's performance in each of the subcomponents and in their\noverall ratings to improve student learning and instruction.\n  (4) The scoring ranges for the other measures of teacher and principal\neffectiveness subcomponent shall be established locally through\nnegotiations conducted under article fourteen of the civil service law.\n  k. Notwithstanding any other provision of law, rule or regulation to\nthe contrary, by July first, two thousand twelve, the governing body of\neach school district and board of cooperative educational services shall\nadopt a plan, on a form prescribed by the commissioner, for the annual\nprofessional performance review of all of its classroom teachers and\nbuilding principals in accordance with the requirements of this section\nand the regulations of the commissioner, and shall submit such plan to\nthe commissioner for approval. The plan may be an annual or multi-year\nplan, for the annual professional performance review of all of its\nclassroom teachers and building principals. The commissioner shall\napprove or reject the plan by September first, two thousand twelve, or\nas soon as practicable thereafter. The commissioner may reject a plan\nthat does not rigorously adhere to the provisions of this section and\nthe regulations of the commissioner. Should any plan be rejected, the\ncommissioner shall describe each deficiency in the submitted plan and\ndirect that each such deficiency be resolved through collective\nbargaining to the extent required under article fourteen of the civil\nservice law. If any material changes are made to the plan, the school\ndistrict or board of cooperative educational services must submit the\nmaterial changes, on a form prescribed by the commissioner, to the\ncommissioner for approval. To the extent that by July first, two\nthousand twelve, or by July first of any subsequent year, if all the\nterms of the plan have not been finalized as a result of unresolved\ncollective bargaining negotiations, the entire plan shall be submitted\nto the commissioner upon resolution of all of its terms, consistent with\narticle fourteen of the civil service law.\n  k-1. If material changes are submitted pursuant to paragraph k of this\nsubdivision for an approved plan that solely relates to the elimination\nof student assessments that are not required by state or federal law,\nthe commissioner shall expedite his or her review of such material\nchanges and solely review those sections of the plan that relate to the\neliminated student assessments to ensure compliance with this section\nand the regulations of the commissioner, provided that the governing\nbody of such school district or board of cooperative educational\nservices provide a written explanation of the material changes submitted\nfor approval, on a form prescribed by the commissioner, and certify that\nno other material changes have been made to any other sections of the\ncurrently approved plan, and provided further that the commissioner\nshall complete such review of material changes properly and completely\nsubmitted under this paragraph within ten business days of submission.\n  k-2. The commissioner shall take actions to reduce time spent on field\ntests for students taking the state administered standardized English\nlanguage arts and mathematics assessments for grades three through eight\nto the extent federal funds are allowable for such purpose under the\nstate stabilization fund of the American Recovery and Reinvestment Act\nof 2009 or are otherwise available.\n  l. In the event a school district does not have an annual professional\nperformance review plan approved by the commissioner for the applicable\nschool year as of September first of that year, the collectively\nbargained plan most recently approved or the plan determined by the\ncommissioner shall remain in effect until a subsequent plan is agreed to\nby the parties in accordance with this section and is approved by the\ncommissioner.\n  3. Nothing in this section shall be construed to excuse school\ndistricts or boards of cooperative educational services from complying\nwith the standards set forth in the regulations of the commissioner for\nconducting annual professional performance reviews of classroom teachers\nor principals, including but not limited to required quality rating\ncategories, in conducting evaluations prior to July first, two thousand\neleven, or, for classroom teachers or principals subject to paragraph c\nof subdivision two of this section, prior to July first, two thousand\ntwelve.\n  4. Notwithstanding any other law, rule or regulation to the contrary,\nupon rating a teacher or a principal as developing or ineffective\nthrough an annual professional performance review conducted pursuant to\nsubdivision two of this section, the school district or board of\ncooperative educational services shall formulate and commence\nimplementation of a teacher or principal improvement plan for such\nteacher or principal as soon as practicable but in no case later than\nten school days after the opening of classes for the school year. Such\nimprovement plan shall be consistent with the regulations of the\ncommissioner and developed locally through negotiations conducted\npursuant to article fourteen of the civil service law. Such improvement\nplan shall include, but need not be limited to, identification of needed\nareas of improvement, a timeline for achieving improvement, the manner\nin which improvement will be assessed, and, where appropriate,\ndifferentiated activities to support a teacher's or principal's\nimprovement in those areas.\n  5. a. An appeals procedure shall be locally established in each school\ndistrict and in each board of cooperative educational services by which\nthe evaluated teacher or principal may only challenge the substance of\nthe annual professional performance review, the school district's or\nboard of cooperative educational services' adherence to the standards\nand methodologies required for such reviews, pursuant to this section,\nthe adherence to the regulations of the commissioner and compliance with\nany applicable locally negotiated procedures, as well as the school\ndistrict's or board of cooperative educational services' issuance and/or\nimplementation of the terms of the teacher or principal improvement\nplan, as required under this section. Appeal procedures shall provide\nfor the timely and expeditious resolution of any appeal under this\nsubdivision. The specifics of the appeal procedure shall be locally\nestablished through negotiations conducted pursuant to article fourteen\nof the civil service law. An evaluation which is the subject of an\nappeal shall not be sought to be offered in evidence or placed in\nevidence in any proceeding conducted pursuant to either section three\nthousand twenty-a of this article or any locally negotiated alternate\ndisciplinary procedure, until the appeal process is concluded.\n  b. Nothing in this section shall be construed to alter or diminish the\nauthority of the governing body of a school district or board of\ncooperative educational services to grant or deny tenure to or terminate\nprobationary teachers or probationary building principals during the\npendency of an appeal pursuant to this section for statutorily and\nconstitutionally permissible reasons including the teacher's or\nprincipal's performance that is the subject of the appeal.\n  c. Nothing in this section shall be construed to authorize a teacher\nor principal to trigger the appeal process prior to receipt of their\ncomposite effectiveness score and rating from the district or board of\ncooperative educational services.\n  5-a. In the city school district of the city of New York,\nnotwithstanding any provision of law to the contrary, the following\nshall apply to classroom teachers:\n  a. A teacher who did not receive an ineffective rating in the annual\nprofessional performance review for the prior school year is in "year\none status".\n  b. A teacher who received an ineffective rating in the previous school\nyear is in "year two status", until and unless that rating is either\nchanged by the principal or reversed on appeal in accordance with the\nprovisions of this subdivision, or until and unless the teacher reverts\nto year one status in accordance with the provisions of this\nsubdivision.\n  c. A teacher who is rated ineffective for a school year in which the\nteacher has year one status shall have a right to appeal that rating to\nthe chancellor of the city school district, who shall make a final\ndetermination, unless an appeal is initiated to a three-member panel\nsubject to the following requirements. The united federation of teachers\n(UFT) may appeal to a three-member panel the ineffective ratings of up\nto thirteen percent of teachers who received such ineffective ratings\nfor a school year. Any such appeal may only be made on the ground that\nthe ineffective rating was given due to harassment or reasons not\nrelated to job performance. These appeals shall be known as a "panel\nappeals". The three-member panel shall consist of a person selected by\nthe UFT, a person selected by the chancellor of the city school district\nand an independent person, not affiliated with the UFT or the district\nand selected by the state education department, who shall be the chair\nof the panel and conduct the appeal hearing. If the panel sustains the\nappeal, the principal must submit to the panel a different rating, which\nmust be approved by the panel. Any ineffective rating that is appealed\nto the panel may not be appealed to the chancellor of the city school\ndistrict.\n  d. The chancellor of the city school district shall notify the UFT of\nall ineffective ratings. Each school year, if the UFT is notified of an\nineffective rating prior to October first, a panel appeal of that rating\nmust be initiated by the UFT by November first, provided that more than\nthirteen percent of these ratings may be appealed to the panel. The UFT\nand the board of education shall negotiate, pursuant to article fourteen\nof the civil service law, a procedure for ensuring that each school\nyear, not more than thirteen percent of the ratings received by the UFT\nafter October first are appealed to the panel. The board of education\nshall make all reasonable efforts to issue ratings and notify the UFT of\nineffective ratings by October first. Any rating not appealed to the\npanel may be appealed by the individual teacher to the chancellor of the\ncity school district. Appeals made to the chancellor of the city school\ndistrict must be filed within ten school days after the UFT would\notherwise be required to notify the board of education of a panel\nappeal.\n  e. For all teachers in year two status, unless and until the\nineffective rating they received in the prior year is changed by a\nprincipal or otherwise changed in accordance with the provisions of this\nsubdivision, an independent validator shall be appointed to evaluate the\nteacher on each component of the annual professional performance review\nin which the scoring of the component is at the discretion of the\nprincipal.  These components shall not necessarily be limited to teacher\nperformance, but shall not include any components in which the scoring\nof the component is outside the discretion of the principal, even if the\nprincipal has discretion in a related goal-setting process prior to\nscoring. The independent validator shall perform three observations\nduring the course of the school year. The terms and conditions of the\nobservations shall be negotiated pursuant to the requirements of article\nfourteen of the civil service law.\n  f. The UFT and the board of education shall jointly select an\norganization or organizations that employ certified educators, including\nteachers, to perform the work as independent validators. Independent\nvalidators shall not be employed simultaneously by the board of\neducation or simultaneously have an individual contract with the board\nof education. Should either the board of education or the UFT notify the\ndepartment that after a good faith effort the board of education and the\nUFT are unable to jointly select organizations, the commissioner shall\nname organizations subject to the following requirements. The board of\neducation shall set forth a required number of validators, and the\ncommissioner shall name organizations that can provide at least this\nnumber of validators whom the commissioner deems qualified. The\ncommissioner shall name organizations based on the criteria set forth in\nthis subdivision that apply to the mutual selection process for the\nboard of education and the UFT and shall also consider potential\nconflicts of interest.\n  g. In an instance in which the independent validator does not complete\nthe review process due to circumstances beyond the control of the board\nof education, the teacher shall remain in year two status the following\nschool year. Should the independent validator not complete the review\nprocess for a second consecutive school year and for any reason in the\nsecond year for other than a leave of absence or chronic absence on the\npart of the teacher, the teacher shall return to year one status the\nfollowing school year.\n  h. An independent validator shall be deemed to have agreed with the\nprincipal when an independent validator's scoring, in conjunction with\nthe scoring of components not reviewed by the independent validator in\naccordance with this subdivision, would result in a rating in the same\ncategory on the annual professional performance review than would result\nfrom the principal's rating.\n  i. For purposes of this subdivision, an independent validator shall be\ndeemed to have disagreed with the principal when an independent\nvalidator's scoring, in conjunction with the scoring of components not\nreviewed by the independent validator in accordance with this\nsubdivision, would result in a rating in a different category on the\nannual professional performance review than would result from the\nprincipal's rating.\n  j. If a teacher receives an ineffective rating for a school year in\nwhich the teacher is in year two status and the independent validator\nagrees, the district may bring a proceeding pursuant to sections three\nthousand twenty and three thousand twenty-a of this article based on a\npattern of ineffective teaching or performance. In such proceeding, the\ncharges shall allege that the employing board has developed and\nsubstantially implemented a teacher improvement plan in accordance with\nsubdivision four of this section for the employee following the\nevaluation made for the year in which the employee was in year one\nstatus and was rated ineffective. The pattern of ineffective teaching or\nperformance shall give rise to a rebuttable presumption of incompetence\nand if the presumption is not successfully rebutted, the finding, absent\nextraordinary circumstances, shall be just cause for removal. In these\nhearings, the teacher shall have up to three days to present his or her\ncase for every one day used by the district to present its case. The\nhearing officer shall render a written decision within ten days of the\nlast day of the hearing.\n  k. If the teacher receives an ineffective rating by the principal in a\nschool year in which they are in year two status and the independent\nvalidator disagrees, the ineffective rating remains but the district may\nnot bring proceeding based on a pattern of ineffective teaching or\nperformance, as defined in this section, provided however that nothing\nin this section shall prevent the board of education from charging a\nteacher based on incompetence and entering the principal's evaluations\ninto evidence.\n  l. If upon the completion of a hearing pursuant to sections three\nthousand twenty and three thousand twenty-a of this article, based\neither on a pattern of ineffective teaching or performance or charges of\nincompetence in which year one or year two evaluations were entered into\nevidence, and a hearing officer finds the teacher incompetent, but\ndecides not to terminate, the teacher remains in year two status for the\nschool year in progress or the following school year if the finding is\nmade in between school years. If upon the completion of the hearing, the\nhearing officer exonerates the teacher of charges of incompetence the\nteacher shall revert to year one status if in the middle of the school\nyear or at the beginning of the following school year if the finding is\nmade in between school years.\n  m. If the teacher receives an ineffective rating in year two by the\nprincipal and the validator agrees, and the district does not bring an\nexpedited proceeding pursuant to sections three thousand twenty and\nthree thousand twenty-a of this article, the teacher may appeal the year\ntwo ineffective rating to the chancellor of the city school district,\nwho shall make a final determination. If the rating is upheld, the\nteacher shall remain in year two status for the subsequent school year,\nbut if following that year the teacher is not charged, the teacher\nreverts to year one status for the next school year.\n  n. A process shall be established to evaluate the effectiveness of the\nspecific procedures established in this subdivision after two years from\nthe effective date of this subdivision, provided however that a failure\nor delay in establishing that process shall not invalidate any\nprovisions of this subdivision.\n  o. Notwithstanding any other provision of law to the contrary, the\nboard of education and the UFT may alter any provisions of this\nsubdivision through collective bargaining.\n  6. For purposes of disciplinary proceedings pursuant to sections three\nthousand twenty and three thousand twenty-a of this article, a pattern\nof ineffective teaching or performance shall be defined to mean two\nconsecutive annual ineffective ratings received by a classroom teacher\nor building principal pursuant to annual professional performance\nreviews conducted in accordance with the provisions of this section.\n  7. The regulations adopted pursuant to this section shall be developed\nin consultation with an advisory committee consisting of representatives\nof teachers, principals, superintendents of schools, school boards,\nschool district and board of cooperative educational services officials\nand other interested parties. The regulations shall also take into\naccount any (i) professional teaching standards; (ii) standards for\nprofessional contexts; and (iii) standards for a continuum of system\nsupport for teachers and principals developed in consultation with the\nadvisory committee. Regulations promulgated pursuant to this section\nshall be effective no later than July first, two thousand eleven, for\nimplementation in the two thousand eleven--two thousand twelve school\nyear.\n  8. Notwithstanding any other provision of law, rule or regulation to\nthe contrary, all collective bargaining agreements applicable to\nclassroom teachers or building principals entered into after July first,\ntwo thousand ten shall be consistent with requirements of this section.\nNothing in this section shall be construed to abrogate any conflicting\nprovisions of any collective bargaining agreement in effect on July\nfirst, two thousand ten during the term of such agreement and until the\nentry into a successor collective bargaining agreement, provided that\nnotwithstanding any other provision of law to the contrary, upon\nexpiration of such term and the entry into a successor collective\nbargaining agreement the provisions of this section shall apply.\nFurthermore, nothing in this section or in any rule or regulation\npromulgated hereunder shall in any way, alter, impair or diminish the\nrights of a local collective bargaining representative to negotiate\nevaluation procedures in accordance with article fourteen of the civil\nservice law with the school district or board of cooperative educational\nservices.\n  9. a. The department shall annually monitor and analyze trends and\npatterns in teacher and principal evaluation results and data to\nidentify school districts, boards of cooperative educational services\nand/or schools where evidence suggests that a more rigorous evaluation\nsystem is needed to improve educator effectiveness and student learning\noutcomes. The criteria for identifying school districts, boards of\ncooperative educational services and/or schools shall be prescribed in\nthe regulations of the commissioner.\n  b. A school, school district or board of cooperative educational\nservices identified by the department in one of the categories\nenumerated in paragraph a of this subdivision may be highlighted in\npublic reports and/or the commissioner may order a corrective action\nplan, which may include, but not be limited to, requirements that the\ndistrict or board of cooperative educational services arrange for\nadditional professional development, provide additional in-service\ntraining and/or utilize independent trained evaluators to review the\nefficacy of the evaluation system, provided that the plan shall be\nconsistent with law and not in conflict with any applicable collective\nbargaining agreement.\n  10. Each school district and board of cooperative educational services\nshall fully disclose and release to the public and the department the\nfinal quality ratings and composite effectiveness scores from the annual\nprofessional performance reviews of its teachers and principals as\nprovided in this subdivision.\n  a. The commissioner shall fully disclose professional performance\nreview data for teachers and principals in each school district and\nboard of cooperative educational services on the department website and\nin any other manner to make such data widely available to the public.\nSuch data shall be suitable for research, analysis and comparison of\nprofessional performance review data for teachers and principals. Such\npublic disclosure shall include but not be limited to the final quality\nratings and composite effectiveness scores by school district for\nprincipal evaluation data, by school building for teacher evaluation\ndata and, within each district and school building, by class, subject\nand grade; final quality ratings and composite effectiveness scores by\nregion, district wealth, district need category, student enrollment,\ntype of school (i.e. elementary, middle and high school), student need\n(e.g., poverty level), and district spending; final quality ratings and\ncomposite effectiveness scores by the percentage or number of teachers\nand principals in each final quality rating category, moving to a higher\nrating category than the previous year, moving to a lower rating\ncategory than the previous year, and retained in each rating category;\nand data on tenure granting and denial based on the final quality rating\ncategories.\n  b. Each school district and board of cooperative educational services\nshall fully disclose and release to the parents and legal guardians of a\nstudent the final quality rating and composite effectiveness score for\neach of the teachers and for the principal of the school building to\nwhich the student is assigned for the current school year upon the\nrequest of such parents and legal guardians. The governing body of each\nschool district and board of cooperative educational services shall\nprovide conspicuous notice to parents and legal guardians of the right\nto obtain such information. Parents and legal guardians may review and\nreceive such data in any manner, including by phone or in person; shall\nreceive an oral or written explanation of the composite effectiveness\nscoring ranges for final quality ratings; and be offered opportunities\nto understand such scores in the context of teacher evaluation and\nstudent performance. Reasonable efforts shall be made to verify that any\nsuch request is a bona fide request by a parent or guardian entitled to\nreview and receive such data pursuant to this paragraph.\n  c. The department and each school district and board of cooperative\neducational services shall ensure that any release to the public of\nannual professional performance review data, or any other data that is\nused as a component of annual professional performance reviews, does not\ninclude personally identifying information for any teacher or principal,\nprovided, however, that nothing shall impair the right of parents and\nlegal guardians to review and receive the final quality rating and\ncomposite effectiveness score of individual teachers and principals as\nprovided in paragraph b of this subdivision. Annual professional\nperformance reviews of individual teachers and principals shall not be\nsubject to disclosure pursuant to article six of the public officers\nlaw.\n  d. Nothing in this subdivision shall prohibit the department from\ncollecting such data and materials from school districts and boards of\ncooperative educational services as is necessary to carry out its\nfunctions and duties, including its responsibilities related to the\nfederal Race to the Top program.\n
N.Y. EDN Law § 3202 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3202
Public schools free to resident pupils; tuition from nonresident pupils
Status: in_force

§ 3202. Public schools free to resident pupils; tuition from\nnonresident pupils.  1. A person over five and under twenty-one years of\nage who has not received a high school diploma is entitled to attend the\npublic schools maintained in the district in which such person resides\nwithout the payment of tuition. Provided further that such person may\ncontinue to attend the public school in such district in the same\nmanner, if temporarily residing outside the boundaries of the district\nwhen relocation to such temporary residence is a consequence of such\nperson's parent or person in parental relationship being called to\nactive military duty, other than training. Notwithstanding any other\nprovision of law to the contrary, the school district shall not be\nrequired to provide transportation between a temporary residence located\noutside of the school district and the school the child attends. A\nveteran of any age who shall have served as a member of the armed forces\nof the United States and who (a) shall have been discharged therefrom\nunder conditions other than dishonorable, or (b) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (c) is a discharged LGBT veteran, as defined in section\none of the veterans' services law, and has received a discharge other\nthan bad conduct or dishonorable from such service, may attend any of\nthe public schools of the state upon conditions prescribed by the board\nof education, and such veterans shall be included in the pupil count for\nstate aid purposes. A nonveteran under twenty-one years of age who has\nreceived a high school diploma shall be permitted to attend classes in\nthe schools of the district in which such person resides or in a school\nof a board of cooperative educational services upon payment of tuition\nunder such terms and conditions as shall be established in regulations\npromulgated by the commissioner; provided, however, that a school\ndistrict may waive the payment of tuition for such nonveteran, but in\nany case such a nonveteran who has received a high school diploma shall\nnot be counted for any state aid purposes. Nothing herein contained\nshall, however, require a board of education to admit a child who\nbecomes five years of age after the school year has commenced unless his\nor her birthday occurs on or before the first of December.\n  1-a. No pupil over the compulsory attendance age in his or her school\ndistrict shall be dropped from enrollment unless he or she has been\nabsent twenty consecutive school days and the following procedure is\ncomplied with: The principal or superintendent shall schedule and\nnotify, in writing and at the last known address, both the student and\nthe person in parental relation to the student of an informal\nconference. At the conference the principal or superintendent shall\ndetermine both the reasons for the pupil's absence and whether\nreasonable changes in the pupil's educational program would encourage\nand facilitate his or her re-entry or continuance of study. The pupil\nand the person in parental relation shall be informed orally and in\nwriting of the pupil's right to re-enroll at any time in the public\nschool maintained in the district where he or she resides, if otherwise\nqualified under this section. If the pupil and the person in parental\nrelationship fail, after reasonable notice, to attend the informal\nconference, the pupil may be dropped from enrollment provided that he or\nshe and the person in parental relation are notified in writing of the\nright to re-enter at any time, if otherwise qualified under this\nsection.\n  2. Nonresidents of a district, if otherwise competent, may be admitted\ninto the school or schools of a district or city, upon the consent of\nthe trustees or the board of education, upon terms prescribed by such\ntrustees or board.\n  3. The school authorities of a district or city must deduct from the\ntuition of a nonresident pupil, whose parent or guardian owns property\nin such district or city and pays a tax thereon for the support of the\nschools maintained in such district or city, the amount of such tax.\n  4. a. Definitions. For purposes of this subdivision only, the\nfollowing definitions shall apply.\n  (i) The term "school district of origin" shall mean the school\ndistrict within the state of New York in which the child or youth in\nfoster care was attending a public school or preschool on a tuition-free\nbasis or was entitled to attend when the social services district or\noffice of children and family services assumed responsibility for the\nplacement, support and maintenance of such child or youth, which is\ndifferent from the school district of residence.\n  (ii) School district of residence. The term "school district of\nresidence" shall mean the public school district within the state of New\nYork in which the foster care placement is located, which is different\nfrom the school district of origin.\n  b. Except as provided in subdivision five of this section, the cost of\ninstruction of children in foster care shall be borne by the school\ndistrict of origin. Where a school district other than the school\ndistrict of origin is designated in accordance with paragraph e of\nsubdivision two of section thirty-two hundred forty-four of this\narticle, the cost of instruction shall be borne by the school district\nof origin and the tuition paid to the designated school district of\nattendance shall be computed as provided in paragraph d of this\nsubdivision, except that, where the foster care placement receives\nprogram support from a child care institution affiliated with a special\nact school district as defined in subdivision eight of section four\nthousand one of this chapter, and the designated school district of\nattendance, upon the recommendation of its committee on special\neducation, contracts for such pupil's education pursuant to paragraph c,\nd, e, or f of subdivision two of section forty-four hundred one of this\nchapter or for a nonresidential placement pursuant to paragraph l of\nsuch subdivision, costs incurred shall be reimbursed in accordance with\nparagraph e of this subdivision. Notwithstanding any inconsistent\nprovision of law, where the permanent residence of a pupil is outside of\nthe state, the school district in which the pupil was located at the\ntime the public agency placed such pupil shall be deemed the school\ndistrict of origin of such pupil for purposes of this subdivision and\nshall be responsible for the cost of instruction of such pupil.\n  c. Children cared for in free family homes and children cared for in\nfamily homes at board, when such family homes shall be the actual and\nonly residence of such children and when such children are not supported\nand maintained at the expense of a social services district or of a\nstate department or agency, shall be deemed residents of the school\ndistrict in which such family home is located.\n  d. For the purposes of this subdivision, tuition shall be fixed in an\namount which represents the additional operating cost to the designated\nschool district of attendance resulting from the attendance of a child\nfor whom tuition is required, computed in accordance with a formula\nestablished by the commissioner of education.\n  e. Where the designated school district of attendance for a child or\nyouth in foster care that receives program support from a child care\ninstitution affiliated with a special act school district, other than\nthe board of the pupil's school district of origin as defined in\nparagraph a of this subdivision, upon the recommendation of its\ncommittee on special education, contracts for the instruction of such\npupil pursuant to paragraph c, d, e, or f of subdivision two of section\nforty-four hundred one of this chapter or for a nonresidential placement\npursuant to paragraph l of such subdivision, such board shall submit a\nclaim to the commissioner for current year reimbursement of costs\nincurred for such pupil. The commissioner shall pay such claim in\naccordance with the applicable provisions of section thirty-six hundred\nnine-b of this chapter and shall be reimbursed by the school district\nidentified as the pupil's school district of origin as defined in\nparagraph a of this subdivision. The commissioner shall deduct the\namount of such claim from moneys otherwise due the school district of\norigin.\n  f. The identity of the school district of origin shall be established\nin accordance with the following procedure:\n  (i) Within ten days of the placement of such pupil, the public agency\nor its designee shall give written notice of such placement to the board\nof education of the school district believed to be the school district\nof origin. Such notification shall include the name of the pupil and any\nparticulars about the pupil that pertain to the identification of the\nschool district as the school district of origin as defined in paragraph\na of this subdivision.\n  (ii) A board of education of a school district which receives\nnotification pursuant to subparagraph (i) of this paragraph may submit\nto the public agency, within ten days of its receipt of such notice,\nadditional evidence to establish that it is not the pupil's district of\norigin as defined in paragraph a of this subdivision. Any evidence so\nsubmitted shall be considered by the agency prior to making its final\ndetermination, which shall be made no later than five days after the\nagency's receipt of such additional evidence. In the event such school\ndistrict fails to submit additional evidence within such ten day period,\nthe determination of the public agency shall be final and the\nnotification provided pursuant to subparagraph (i) of this paragraph\nshall be deemed final notification of such determination.\n  (iii) If, upon its review, the public agency determines that the\nschool district notified pursuant to subparagraph (i) of this paragraph\nwas not the pupil's district of origin, the public agency shall send\nnotification to the correct school district, in the form prescribed by\nsubparagraph (i) of this paragraph. Alternatively, if, upon its review,\nthe public agency determines that the school district originally\ndesignated pursuant to subparagraph (i) of this paragraph is the pupil's\ndistrict of origin, the public agency shall notify such district in\nwriting of its final determination.\n  (iv) The board of education of the school district finally determined\nby the public agency to be the pupil's school district of origin may\nappeal such determination to the commissioner within thirty days of its\nreceipt of final notification pursuant to this paragraph. Such an appeal\nshall be conducted in the same manner as an appeal from the actions of\nlocal school officials pursuant to section three hundred ten of this\nchapter, except that the factual allegations of the petitioner shall not\nbe deemed true in the event the public agency elects not to appear in\nthe appeal. The petitioner shall join as a party to the appeal any other\nschool district suspected to be the pupil's actual school district of\norigin.\n  (v) If the commissioner finds that the school district notified\npursuant to subparagraph (i) or (iii) of this paragraph was not the\npupil's school district of origin as defined in paragraph a of this\nsubdivision and that the correct school district was not joined as a\nparty to the appeal, the commissioner shall direct the public agency to\nnotify the correct school district pursuant to subparagraph (i) of this\nparagraph.\n  (vi) Notwithstanding any inconsistent provisions of law, during the\npendency of all proceedings to review a denial of financial\nresponsibility, the commissioner shall issue an interim order assigning\nsuch financial responsibility to the school district or, alternatively,\nupon a determination that the public agency failed to make reasonable\nefforts to identify the school district of origin of such child, to the\npublic agency. In the event the public agency fails to provide timely\nnotice pursuant to subparagraph (i) of this paragraph, or fails to\nrender its final determination in a timely manner, the public agency\nresponsible for such pupil's residential placement shall reimburse the\ncommissioner for the payments made to the district furnishing\ninstruction pursuant to this paragraph during the pendency of all\nproceedings or for the duration of the current school year, whichever is\nlonger, and the state comptroller shall withhold such amount from any\nmoneys due the county or the city of New York, on vouchers certified or\napproved by the commissioner, in the manner prescribed by law or shall\ntransfer such amount from the account of such state department or agency\nupon certification of the commissioner, and such funds shall be credited\nto the general support for public schools local assistance account of\nthe department.\n  (vii) Any final determination or order of the commissioner concerning\nthe school district of origin of any pupil under this section may only\nbe reviewed in a proceeding brought in the supreme court pursuant to\narticle seventy-eight of the civil practice law and rules. In any such\nproceeding under such article seventy-eight, the court may grant any\nrelief authorized by the provisions of section seventy-eight hundred six\nof such law and rules and may also, in its discretion, remand the\nproceedings to the commissioner. A local social services commissioner or\nany state department or agency placing pupils pursuant to this\nsubdivision is a proper party in any such appeal or proceeding.\n  (viii) Upon completion of all proceedings to review the denial of\nfinancial responsibility for the costs of instruction pursuant to this\nparagraph, the commissioner shall refund any payments made by a party\ncleared of such responsibility and shall collect any payments owed by a\nparty found to have such responsibility. Where such transactions involve\na school district liable for reimbursement pursuant to paragraph e of\nthis subdivision, the commissioner shall appropriately increase or\ndecrease the moneys due a school district by such amount in accordance\nwith the provisions of section thirty-six hundred nine-b of this\nchapter. Where such transactions involve the public agency making a\nplacement pursuant to this subdivision, the comptroller shall increase\nor decrease the moneys due such public agency by such amount upon\ncertification of the commissioner, transferring such amount to or from\nthe account of such state department or agency to or from the general\nsupport for public schools local assistance account of the department.\n  g. If within ninety days from the entry of an order or judgment of a\ncourt of competent jurisdiction or the receipt of a decision of the\ncommissioner pursuant to section three hundred ten of this chapter,\ndetermining the responsibility of a school district to pay tuition for a\npupil in accordance with the provisions of paragraph a of this\nsubdivision or of section five hundred four of the executive law, such\nschool district has not made payment to the designated school district\nof attendance, the school district entitled to such payment may make\napplication to the commissioner to receive a sum in the amount of such\ntuition from the apportionment of public money payable to the school\ndistrict required to pay such tuition. The application for payment shall\nbe accompanied by a certified copy of the order or judgment of a court,\nor a copy of the decision of the commissioner, and by proof of service\nby first class mail of a copy of such application upon the school\ndistrict required to pay such tuition. Unless the school district\nrequired to pay such tuition shall have notified the commissioner of\nsuch payment within thirty days from the receipt of such application,\nthe commissioner shall withhold an amount equal to the tuition for such\npupil from the public money payable to the school district responsible\nfor such tuition and shall pay such amount to the school district which\nhas provided instruction to such pupil. The commissioner is authorized\nto promulgate regulations to implement the provisions of this paragraph.\n  5. a. Children who reside in a school for individuals with\ndevelopmental disabilities operated by the department of mental hygiene\nand for whom the department has assumed responsibility for support and\nmaintenance prior to July one, nineteen hundred seventy-seven and who\nare placed in a family home at board, a duly incorporated orphan asylum\nor other institution for the care, custody and treatment of children\nshall be admitted to the schools of the school district in which such\nfamily home or institution is located. The department is authorized to\nreimburse each school district furnishing educational services to such\nchildren for the direct cost of such services in accordance with\nregulations promulgated by the commissioner and approved by the director\nof the budget. The educational costs for these children shall not be\notherwise aidable or reimbursable.\n  b. Children who reside in a school for individuals with developmental\ndisabilities operated by the department of mental hygiene and for whose\nsupport and maintenance the department assumes responsibility on or\nafter July one, nineteen hundred seventy-seven and who are thereafter\nplaced in a family home at board, a duly incorporated orphan asylum or\nother institution for the care, custody and treatment of children shall\nbe admitted to the schools of the school district in which such family\nhome or institution is located. The department is authorized to\nreimburse each school district furnishing educational services to such\nchildren for the direct cost of such services in accordance with\nregulations promulgated by the commissioner and approved by the director\nof the budget. The educational costs for these children shall not be\notherwise aidable or reimbursable. The school district in which the\nchild resided at the time the department of mental hygiene assumed\nresponsibility for the support and maintenance of such child shall\nreimburse the education department for its expenditure on behalf of such\nchild in an amount equal to the school district basic contribution, as\nsuch term is defined in subdivision eight of section forty-four hundred\none of this chapter. The comptroller may deduct from any state funds\nwhich become due to a school district an amount equal to the\nreimbursement required to be made by such school district in accordance\nwith this paragraph, and the amount so deducted shall not be included in\nthe operating expense of such district for the purpose of computing the\napproved operating expense pursuant to paragraph t of subdivision one of\nsection thirty-six hundred two of this chapter. The department of mental\nhygiene shall notify the department of the name of the child, the\nlocation of the family home or institution where the child is to be\nplaced and the name of the school district in which such child resided\nat the time the department of mental hygiene assumed responsibility for\nhis or her support and maintenance.\n  c. (1) The department is authorized to reimburse each school district\nfurnishing educational services to children residing in schools for\nindividuals with developmental disabilities operated by the office for\npeople with developmental disabilities for the direct cost of such\nservices in accordance with regulations promulgated by the commissioner\nand approved by the director of the budget.\n  (2) The school district in which each such child resided at the time\nthe office for people with developmental disabilities assumed\nresponsibility for the support and maintenance of such child shall\nreimburse the department for its expenditures on behalf of such child,\nin an amount equal to the school district basic contribution as such\nterm is defined in subdivision eight of section forty-four hundred one\nof this chapter, for any such child admitted to a state school for\nindividuals with developmental disabilities on or after July first,\nnineteen hundred seventy-eight. The comptroller may deduct from any\nstate funds which become due to a school district an amount equal to the\nreimbursement required to be made by such school district in accordance\nwith this paragraph and the amount so deducted shall not be included in\nthe approved operating expense of such district for the purpose of\ncomputing the approved operating expenses pursuant to paragraph t of\nsubdivision one of section thirty-six hundred two of this chapter.\n  d. (1) Children who reside in an intermediate care facility for\nindividuals with developmental disabilities, other than a state operated\nschool for individuals with developmental disabilities, as defined in\nregulations of the office for people with developmental disabilities,\nshall be admitted to the public schools, except as otherwise provided in\nsubparagraph fourteen of this paragraph. The trustees or board of\neducation of the school district in which such facility is located shall\nreceive such children in the school or schools of the district for\ninstruction and for the provision of necessary related services for a\ncompensation to be fixed by the trustees or board of education, unless\nsuch trustees or board of education shall establish to the satisfaction\nof the commissioner that there are valid and sufficient reasons for\nrefusal to receive such children. Evaluation of the educational needs of\nsuch children and placement in appropriate educational programs shall be\nmade in accordance with article eighty-nine of this chapter.\n  (2) A child who resides in an individualized residential alternative\nas defined in regulations of the office for people with developmental\ndisabilities which is located in a school district other than the school\ndistrict in which such child's parent or person in parental relation\nresided at the time such child was placed in an institution under the\nauspices of such office shall be deemed to reside in an intermediate\ncare facility for purposes of this subdivision to the extent such child\nis enrolled in a home and community based waiver program approved by the\nHealth Care Financing Administration.\n  (3) Such intermediate care facility is authorized to contract with the\ntrustees or board of education of such school district for the provision\nof services, including transportation.\n  (4) The education department shall reimburse the school district in\nwhich such intermediate care facility is located for the full cost of\nall services, which shall, notwithstanding any inconsistent provision of\nlaw, include transportation services provided pursuant to a contract\nauthorized by this paragraph. Provided, however, that notwithstanding\nany other law, rule or regulation to the contrary, that no reimbursement\nshall be payable pursuant to this subparagraph for due process costs\nincurred on or after July first, two thousand nine. Such reimbursement\nshall be for the period from September first through June thirtieth, and\nstate reimbursement for July and August programs shall be in accordance\nwith subdivision one of section forty-four hundred eight of this\nchapter. The provisions of subdivision two of such section forty-four\nhundred eight shall apply to all July and August programs provided\npursuant to this section.\n  (5) The school district in which the child resided at the time of\nplacement in such intermediate care facility shall reimburse the\neducation department for its expenditure on behalf of such child in an\namount equal to the school district's basic contribution, as such term\nis defined in subdivision eight of section forty-four hundred one of\nthis article for any child first admitted to such intermediate care\nfacility, on or after July first, nineteen hundred seventy-nine.\n  (6) Upon certification by the commissioner of education, the\ncomptroller may deduct from any state funds which become due to the\nschool district an amount equal to the reimbursement required to be made\nby such school district in accordance with this paragraph, and the\namount so deducted shall not be included in the operating expense of\nsuch district for the purpose of computing the approved operating\nexpenses pursuant to paragraph t of subdivision one of section\nthirty-six hundred two of this article.\n  (7) Within forty-five days of the placement of a child in a school\ndistrict, the intermediate care facility shall notify the school\ndistrict in which the child resided at time of entrance to the\nintermediate care facility and the school district in which the facility\nis located. Such notice shall include the name of the child, the\nlocation of the intermediate care facility, and the name of the school\ndistrict in which such child resided at the time of placement.\n  (8) A board of education of a school district which receives\nnotification that a child has been placed in an intermediate care\nfacility for individuals with developmental disabilities may deny\nfinancial responsibility for any child by written notice within twenty\ndays of such notification to the school district furnishing instruction\nand the intermediate care facility.\n  (9) An intermediate care facility responsible for placing the child,\nthe school district furnishing instruction or the parent or guardian of\nthe child involved may appeal a denial of responsibility to the\ncommissioner of education. If the commissioner finds that the child was\nnot a resident of the school district that was notified that the child\nwas a resident therein, the commissioner shall request the intermediate\ncare facility to ascertain the correct school district and notify such\nschool district pursuant to subparagraph six of this paragraph. The\ncommissioner shall review and determine responsibility for the child in\nquestion. If the commissioner finds that a child has no residence in\nthis state, he shall determine that there is no local contribution for\nsuch child.\n  (10) If the intermediate care facility fails to make a reasonable\neffort to identify the residence of such a child, such agency shall be\nresponsible for the local contribution and, upon notification by the\ncommissioner of education, shall pay such amount to the commissioner of\neducation.\n  (11) If the intermediate care facility rejects the finding of the\ncommittee on special education of the school district of attendance, or\na finding affirmed or revised on appeal, such facility shall retain\nresponsibility for payment of the cost of instruction of such child.\n  (12) Any final determination or order of the commissioner concerning\nresidence or placement of any child under this paragraph may only be\nreviewed in a proceeding brought in the supreme court pursuant to\narticle seventy-eight of the civil practice law and rules. In any such\nproceeding, the court may grant any relief authorized by the provisions\nof section seventy-eight hundred six of such law and rules or may, in\nits discretion, remand the proceedings to the commissioner. An\nintermediate care facility attempting to place a child pursuant to this\nparagraph shall be considered a proper party to any such proceeding.\n  (13) The school district providing educational services to children\nplaced pursuant to this paragraph shall provide a report on the status\nof each such child with a handicapping condition annually to the\ncommittee on special education of the school district in which the child\nresided at the time of admission to the intermediate care facility for\nindividuals with developmental disabilities. Such report shall also be\nsent to the parent or guardian of the child and the office for people\nwith developmental disabilities.\n  (14) The board of education responsible for providing appropriate\neducational services for a child receiving care in an intermediate care\nfacility developed pursuant to the residential school bed development\nprogram, as authorized by chapter fifty-four of the laws of nineteen\nhundred eighty-five or any subsequent enactment extending such program,\nshall be the board of education of the school district in which such\nchild would be deemed to reside but for such child's placement in such\nan intermediate care facility. The department shall reimburse such\nschool district of residence for all nonfederally reimbursable costs of\nsuch educational services in accordance with subparagraph four of this\nparagraph as if such district were the school district in which the\nintermediate care facility is located, and such school district of\nresidence shall be responsible for reimbursement of the department for\nits expenditure on behalf of the child in an amount equal to the school\ndistrict basic contribution, as defined in subdivision eight of section\nfour thousand four hundred one of this chapter. The comptroller may\ndeduct the amount of such reimbursement from any state funds due the\ndistrict in the manner prescribed in subparagraph six of this paragraph.\n  e. Notwithstanding the provisions of paragraph a of subdivision five\nof section thirty-six hundred four of this chapter, the commissioner\nshall be authorized to grant a waiver excusing the late filing of claims\nsubmitted for costs incurred pursuant to this subdivision, upon findings\nthat the school district has submitted a timely request for a waiver and\nhas submitted proof satisfactory to the commissioner that the delay in\nfiling was caused by a party other than the school district. A request\nfor such a waiver, together with all supporting documentation, shall be\nsubmitted to the commissioner within sixty days after the date on which\nthis paragraph was enacted, or within fourteen months after the end of\nthe school year in which services were provided pursuant to this\nsubdivision, whichever is later.\n  6. Except as provided in subdivision five of this section or by\narticle eighty-one of this chapter, children cared for in a hospital or\nother institution for the care, custody and treatment of children, other\nthan a school and excepting children of the officers and employees of\nsuch hospital or institution, shall not, by reason of their presence in\nsuch hospital or institution, be deemed to be residents of the school\ndistrict in which such hospital or institution is located. The trustees\nor board of education of the school district of their residence shall\nprovide educational services for such children. Such services may be\nprovided by a tutor employed by the district, by contract with a school\nconnected with such hospital or institution, or by contract with the\nlocal public school district in which such hospital or institution is\nlocated. Such contracts shall be limited to the cost of educational\nservices and shall not include maintenance or medical services.\nProvided, however, if such children are supported and maintained at the\nexpense of a social services district, the cost of said instruction\nshall be paid by the social services district which is liable for\npayment of the cost of their support and maintenance. In the case of\nhospitals or institutions located in the state of New York, the trustees\nor board of education of a school district in which such a hospital or\ninstitution is located shall receive such children in the school or\nschools of the district for instruction for a compensation to be fixed\nby the trustee or board of education, unless such trustees or board of\neducation shall establish to the satisfaction of the commissioner of\neducation that there are valid and sufficient reasons for refusal to\nreceive such children.\n  6-a. Notwithstanding subdivision six of this section or any other law\nto the contrary, the commissioner of the office of children and family\nservices shall be responsible for the secular education of youth under\nthe jurisdiction of the office and may contract for such education with\nthe trustees or board of education of the school district wherein a\nfacility for the residential care of such youth is located or with the\nboard of cooperative educational services at which any such school\ndistrict is a component district for special education programs, related\nservices and career and technical education services and music, art and\nforeign language programs in accordance with subparagraph eight of\nparagraph (h) of subdivision four of section nineteen hundred fifty of\nthis chapter. A youth attending a local public school while in residence\nat such facility shall be deemed a resident of the school district where\nhis parent or guardian resides at the commencement of each school year\nfor the purpose of determining which school district shall be\nresponsible for the youth's tuition pursuant to section five hundred\nfour of the executive law.\n  7. Youth incarcerated in county correctional facilities or youth\nshelters. a. A person under twenty-one years of age who has not received\na high school diploma and who is incarcerated in a correctional facility\nmaintained by a county or by the city of New York or in a youth shelter\nis eligible for educational services pursuant to this subdivision and in\naccordance with the regulations of the commissioner. Such services shall\nbe provided by the school district in which the facility or youth\nshelter is located, within the limits of the funds allocated by the\ncommissioner for such purposes pursuant to section thirty-six hundred\ntwo of this chapter and pursuant to a plan approved by the commissioner.\nSchool districts shall submit such plan by July fifteenth of each school\nyear. Boards of education are authorized to contract for the provision\nof such educational services by a board of cooperative educational\nservices or by another public school district.\n  b. Except as otherwise provided in this paragraph, the school district\nin which the child resided at the time of the child's commitment to the\ncustody of the sheriff or local commissioner of corrections or youth\nshelter shall reimburse the education department for its expenditure for\nthe full time equivalent attendance of such child pursuant to\nsubdivision thirteen of section thirty-six hundred two of this chapter\non behalf of such child, in an amount equal to the product of such full\ntime equivalent attendance and the school district basic contribution,\nas such term is defined in subdivision eight of section forty-four\nhundred one of this chapter, provided, however, that such basic\ncontribution shall be multiplied by the full time equivalent attendance\nmultiplied by one hundred twenty per centum for such children attending\nprograms which operate between July first and June thirtieth. If at the\napplicable time specified in this paragraph a school district other than\nthe school district in which the child resides is responsible for the\ncost of instruction of the child or for reimbursement of the state for\nits expenditure on behalf of the child pursuant to any provision of this\nchapter, then such other school district shall be responsible for\nreimbursement of the education department in accordance with this\nparagraph. Upon certification by the commissioner, the comptroller shall\ndeduct from any state funds which become due to a school district an\namount equal to the reimbursement required to be made by such school\ndistrict in accordance with this paragraph, and the amount so deducted\nshall not be included in the operating expense of such district for the\npurpose of computing the approved operating expense pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter.\n  c. After admission of a child eligible for educational services\npursuant to this subdivision, but within a time prescribed by the\ncommissioner in regulations, the correctional facility maintained by the\ncounty or the city of New York shall furnish such child with information\nconcerning the availability of such educational services and shall\nsubmit a request for educational services to the school district in\nwhich the facility is located. Such request shall conform to\nrequirements prescribed by the commissioner by regulation in\nconsultation with the state commission of correction and shall include,\nbut shall not be limited to, notice of:  the name of the child, the name\nand location of the facility in which such child is incarcerated, the\nlast grade completed by the child as reported by the child, the\nanticipated duration of the incarceration and the last known residence\nof such child at the time of the child's commitment to custody. The\nschool district in which the facility is located shall notify other\nappropriate agencies, including, but not limited to, the education\ndepartment and the school district identified as being responsible for\nthe educational costs of such child pursuant to paragraph b of this\nsubdivision, that such a request for educational services has been\nreceived. The commissioner shall promulgate regulations specifying the\ntime within which such notice shall be provided and the contents of such\nnotice, and establishing a procedure by which a school district may\nrequest the commissioner to review its identification as the school\ndistrict responsible for the educational costs of such child.\n  d. Upon release or discharge of a child eligible for educational\nservices pursuant to this subdivision, the correctional facility shall\napprise such child that further educational services may be available\npursuant to this section through the school district in which the child\nresides or in which the child is otherwise entitled to attend school,\nand shall, at the request of the student, notify such district of the\nchild's desire to enroll in such district.\n  e. The state commission of correction shall promulgate rules and\nregulations in consultation with the commissioner which shall require\neach correctional facility operated by a county or the city of New York\nto cooperate with the school district or board of cooperative\neducational services providing educational services and to comply with\nthe requirements of this subdivision.\n  f. As used in this subdivision, "youth shelter" shall mean an\nalternative residential facility for the incarceration of youths between\nthe ages of sixteen and twenty-one who are remanded by the criminal\ncourts.\n  8. Homeless children. A homeless child, as defined in subdivision one\nof section thirty-two hundred nine of this article, over the age of five\nand under twenty-one years of age, who has not received a high school\ndiploma, shall be entitled to attend a public school without the payment\nof tuition, in accordance with the provisions of section thirty-two\nhundred nine of this article.\n
N.Y. EDN Law § 3016 — New York Code / Act EDN / Title 4 / Article 61 / Section 3016
Contract when teacher is related to trustee or member of board of education
Status: in_force

§ 3016.  Contract when teacher is related to trustee or member of\nboard of education.  1. No person who is related to any trustee of a\ncommon school district by blood or marriage shall be employed in such\ndistrict as a teacher, except with the approval of two-thirds of the\nvoters of such district present and voting upon the question at an\nannual or special meeting of the district.\n  2. No person who is related by blood or marriage to any member of a\nboard of education shall be employed as a teacher by such board, except\nupon the consent of two-thirds of the members thereof to be determined\nat a board meeting and to be entered upon the proceedings of the board.\n
N.Y. EDN Law § 3015 — New York Code / Act EDN / Title 4 / Article 61 / Section 3015
Teacher's salary when payable
Status: in_force

§ 3015. Teacher's salary when payable.  1. In school districts\nemploying fewer than eight teachers, the salary of any teacher so\nemployed shall be due and payable at least as often as once each\ncalendar month of the term of employment.\n  2. In school districts employing eight or more teachers, the salary of\na teacher employed for a full school year shall be due and payable\nwithin such school year in not less than ten installments.  If a teacher\nis employed in any such district after July first in any school year,\nthe amount of the salary that the school authorities agree at the time\nof employment to pay such teacher for the balance of that school year\nshall be due and payable within the school year at least as often as\nonce each calendar month that he is so employed.  Nothing contained in\nthis subdivision shall be construed to alter the provisions of sections\ntwenty-five hundred nine, twenty-five hundred seventy-three, three\nthousand twelve, and three thousand thirteen of this chapter.\n  3. Nothing contained in this section shall be construed to authorize\npayment in advance of rendering service to the school district.\n
N.Y. EXC Law § 529-B — New York Code / Act EXC / Article 19-G / Title 4 / Section 529-B
Supervision and treatment services for juveniles program
Status: in_force

§ 529-b. Supervision and treatment services for juveniles program. 1.\n(a) Notwithstanding any provision of law to the contrary, eligible\nexpenditures by an eligible municipality for services to divert from\ndetention, residential placement or confinement, as applicable, youth\nwho are: (i) at risk of, alleged to be, or adjudicated as juvenile\ndelinquents; (ii) at risk of, or alleged to be or adjudicated as persons\nin need of supervision; (iii) alleged to be or convicted as juvenile\noffenders; (iv) alleged to be or convicted as youthful offenders; or (v)\nalleged to be or convicted as adolescent offenders shall be subject to\nstate reimbursement under the supervision and treatment services for\njuveniles program for up to sixty-two percent of the municipality's\nexpenditures, subject to available appropriations and exclusive of any\nfederal funds made available for such purposes, not to exceed the\nmunicipality's distribution under the supervision and treatment services\nfor juveniles program.\n  (b) The state funds appropriated for the supervision and treatment\nservices for juveniles program shall be distributed to eligible\nmunicipalities by the office of children and family services based on a\nplan developed by the office which may consider historical information\nregarding the number of youth seen at probation intake for an alleged\nact of delinquency, the number of youth remanded to detention, the\nnumber of juvenile delinquents placed with the office, the number of\njuvenile delinquents and persons in need of supervision placed in\nresidential care with the municipality, the municipality's reduction in\nthe use of detention and residential placements, and other factors as\ndetermined by the office. Such plan developed by the office shall be\nsubject to the approval of the director of the budget. The office is\nauthorized, in its discretion, to make advance distributions to a\nmunicipality in anticipation of state reimbursement.\n  2. As used in this section, the term:\n  (a) "municipality" shall mean a county, or a city having a population\nof one million or more and\n  (b) "supervision and treatment services for juveniles" shall mean\ncommunity-based services or programs designed to safely maintain youth\nin the community pending a family court disposition or conviction in\ncriminal court and services or programs provided to eligible youth\npursuant to this section.\n  3. Supervision and treatment services for juveniles may include but\nare not limited to services or programs that:\n  (a) provide or facilitate support to such youth for mental health\ndisorders, substance abuse problems, or learning disabilities that\ncontribute to such youth being at risk for detention, residential\nplacement, confinement or return to detention or residential placement;\n  (a-1) provide or facilitate support to youth who are eligible to\nreceive services pursuant to subparagraph (ii) of paragraph (a) of\nsubdivision one of this section, and their families, in family support\nservices programs in accordance with title twelve of article six of the\nsocial services law;\n  (b) provide temporary respite care, including, but not limited to,\nrespite provided pursuant to article seven of the family court act;\n  (c) provide family therapy or support or explore alternate housing\noptions for youth who are at risk for detention or placement due to the\nabsence of an available home;\n  (d) provide post-release support within the youth's community,\nincluding, but not limited to aftercare services; or\n  (e) reduce arrest rates or recidivism.\n  3-a. (a) The chief executive officer of the municipality shall\ndesignate a lead agency for the purposes of planning and administering\nthe municipality's supervision and treatment services for juveniles\nprogram.  In order for a municipality to be eligible to receive\nreimbursement pursuant to this section, such municipality must submit an\nannual plan to the office of children and family services detailing how\nthe supervision and treatment services for juveniles will be provided\nwithin the municipality. Two or more eligible municipalities within a\nclose geographic proximity to each other may enter into an agreement to\njointly seek funding for and jointly administer a supervision and\ntreatment services for juveniles programs to service eligible youth and\nfamilies within such municipalities in accordance with this section. The\nmunicipality shall develop such plan in cooperation with the applicable\nlocal governmental departments responsible for probation, law\nenforcement, detention, diversion, and social services; and with the\ncourts, service providers, schools and youth development programs. The\nplan must be approved by the chief executive officer of the\nmunicipality, and must include:\n  (i) an analysis that identifies the neighborhoods or communities from\nwhich the greatest number of juvenile delinquents and persons in need of\nsupervision are remanded to detention or residentially placed;\n  (ii) where the use of detention or residential placement in the\nmunicipality shows a significant racial or ethnic disproportionality, a\ndescription of how the services proposed for funding will address such\ndisproportionality;\n  (iii) a description of how the services and programs proposed for\nfunding will reduce the number of youth from the municipality who are\ndetained and residentially or otherwise placed; how such services and\nprograms are family-focused; and whether such services and programs are\ncapable of being replicated across multiple sites;\n  (iv) a description of the demonstrated effectiveness of such services\nand programs or other justification why the services and programs are\nproposed for funding;\n  (v) projected performance outcomes for such services and programs,\nincluding an estimate of the anticipated reductions in detention\nutilization and residential placements, and other projected positive\noutcomes for youth who participate in the services and programs; and\n  (vi) for each year that the municipality submits a plan as required by\nthis section, the municipality must provide the following information\nfor the most recent preceding year for which such municipality received\nfunding:\n  (A) the number of youth who participated in the services and programs\nfunded pursuant to this section; and\n  (B) whether the services and programs achieved the projected\nreductions in detention utilization and residential placements and other\nperformance outcomes.\n  (b) A municipality's plan shall be submitted to the office of children\nand family services for review and approval. The office may approve all\nor part of the plan based on the potential effectiveness of the plan.\n  (i) If the office does not approve a plan, the municipality shall have\nsixty days to submit an amended plan.\n  (ii) Upon approval of a plan, the office shall notify the municipality\nand post the approved plan on the office of children and family services\nwebsite.\n  (c) The office may require that such claims be submitted to the office\nelectronically in the manner and format required by the office.\n  (d) Any municipality submitting claims for reimbursement shall certify\nto the office that supervision and treatment services for juveniles\nprogram funds were not used to supplant other state and local funds, and\nsuch claims for reimbursement are not for the same type and level of\nservices that the municipality provided under any contract in existence\non September thirtieth, two thousand ten that was funded other than\nthrough the office of children and family services as community optional\npreventive, alternatives to detention, alternatives to residential\nplacement, preventive, independent living, or after care services.\n  4. Two or more eligible municipalities may join together to establish,\noperate and maintain supervision and treatment services for juveniles\nprograms and may make and perform agreements in connection therewith.\nSuch agreements shall include provisions for the proportionate cost to\nbe borne by each municipality and for the manner of employment of\npersonnel and may provide that a fiscal officer of one such municipality\nshall be the custodian of the moneys made available for expenditure for\nsuch purposes by all such municipalities and that such fiscal officer\nmay make payments therefrom upon audit of the appropriate auditing body\nor officer of his municipality. In making claims for state reimbursement\npursuant to this section, each municipality shall claim for its\nproportionate share of expenditures. However, where the agreement\nprovides for a disbursing municipality, such disbursing municipality\nshall claim for the total joint program expenditures made and shall\ndisburse the state reimbursement to each participating municipality\nbased upon the proportionate share of each participating municipality's\nexpenditures.\n  5. The office of children and family services shall report to the\ngovernor, the speaker of the assembly, the temporary president of the\nsenate, the minority leader of the assembly and the minority leader of\nthe senate no later than July first, two thousand twelve, and each year\nthereafter, detailing the implementation and progress of the supervision\nand treatment services for juveniles program, as established by this\nsection. The report shall detail the following information for each\nmunicipality, as defined by this section:\n  (a) the amount of funds disbursed to date for the previous program\nyear of the supervision and treatment services for juveniles program;\n  (b) the amount of juvenile detention funds distributed by such date in\naccordance with section five hundred thirty of this title for the\nprevious program year and, if any, the amount of such funds used for\nsupervision and treatment services for juveniles program;\n  (c) the number of alleged and adjudicated juvenile delinquents and\npersons in need of supervision and alleged and convicted juvenile\noffenders being served by such programs; and\n  (d) each program name and its provider.\n
N.Y. EDN Law § 3014 — New York Code / Act EDN / Title 4 / Article 61 / Section 3014
Tenure: boards of cooperative educational services
Status: in_force

§ 3014. Tenure: boards of cooperative educational services. 1. (a)\nAdministrative assistants, supervisors, teachers and all other members\nof the teaching and supervising staff of the board of cooperative\neducational services appointed prior to July first, two thousand\nfifteen, shall be appointed by a majority vote of the board of\ncooperative educational services upon the recommendation of the district\nsuperintendent of schools for a probationary period of not to exceed\nthree years; provided, however, that in the case of a teacher who has\nbeen appointed on tenure in a school district within the state, the\nboard of cooperative educational services where currently employed, or\nanother board of cooperative educational services, and who was not\ndismissed from such district or board as a result of charges brought\npursuant to subdivision one of section three thousand twenty-a of this\narticle, the probationary period shall not exceed two years. Services of\na person so appointed to any such positions may be discontinued at any\ntime during such probationary period, upon the recommendation of the\ndistrict superintendent, by a majority vote of the board of cooperative\neducational services.\n  (b) Administrative assistants, supervisors, teachers and all other\nmembers of the teaching and supervising staff of the board of\ncooperative educational services appointed on or after July first, two\nthousand fifteen, shall be appointed by a majority vote of the board of\ncooperative educational services upon the recommendation of the district\nsuperintendent of schools for a probationary period of not to exceed\nfour years; provided, however, that in the case of a teacher who has\nbeen appointed on tenure in a school district within the state, the\nboard of cooperative educational services where currently employed, or\nanother board of cooperative educational services, and who was not\ndismissed from such district or board as a result of charges brought\npursuant to section three thousand twenty-a of this article, the teacher\nshall be appointed for a probationary period of three years; and\nprovided further that in the case of a principal, administrator,\nsupervisor, or other member of the supervising staff who has been\nappointed on tenure pursuant to this chapter as an administrator within\nan authorized administrative tenure area in another school district\nwithin the state, the school district where currently employed, or a\nboard of cooperative educational services, and who was not dismissed\nfrom such district or board as a result of charges brought pursuant to\nsubdivision one of section three thousand twenty-a of this article, the\nprincipal, administrator, supervisor, or other member of the supervising\nstaff shall be appointed for a probationary period of three years.\nServices of a person so appointed to any such positions to which this\nparagraph applies may be discontinued at any time during the\nprobationary period, upon the recommendation of the district\nsuperintendent, by a majority vote of the board of cooperative\neducational services.\n  2. (a) On or before the expiration of the probationary term of a\nperson appointed for such term prior to July first, two thousand\nfifteen, the district superintendent of schools shall make a written\nreport to the board of cooperative educational services recommending for\nappointment on tenure persons who have been found competent, efficient\nand satisfactory. Such persons shall hold their respective positions\nduring good behavior and competent and efficient service and shall not\nbe removed except for any of the following causes, after a hearing, as\nprovided by section three thousand twenty-a of this article: (i)\nInsubordination, immoral character or conduct unbecoming a teacher; (ii)\nInefficiency, incompetency, or neglect of duty; (iii) Failure to\nmaintain certification as required by this chapter and by the\nregulations of the commissioner. Each person who is not to be so\nrecommended for appointment on tenure shall be so notified in writing by\nthe district superintendent not later than sixty days immediately\npreceding the expiration of such person's probationary period.\n  (b) On or before the expiration of the probationary term of a person\nappointed for such term on or after July first, two thousand fifteen,\nthe district superintendent of schools shall make a written report to\nthe board of cooperative educational services recommending for\nappointment on tenure persons who have been found competent, efficient\nand satisfactory. Such persons shall hold their respective positions\nduring good behavior and competent and efficient service and shall not\nbe removed except for any of the following causes, after a hearing, as\nprovided by section three thousand twenty-a of this article: (i)\nInsubordination, immoral character or conduct unbecoming a teacher; (ii)\nInefficiency, incompetency, or neglect of duty; (iii) Failure to\nmaintain certification as required by this chapter and by the\nregulations of the commissioner. Each person who is not to be so\nrecommended for appointment on tenure shall be so notified in writing by\nthe district superintendent not later than sixty days immediately\npreceding the expiration of such person's probationary period.\n
N.Y. PBA Law § 3236 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3236
Bonds and notes of the corporation
Status: in_force

§ 3236. Bonds and notes of the corporation. 1. (a) The corporation\nshall have power and is hereby authorized from time to time to issue its\nbonds and notes in such principal amount or amounts, subject to\nsubdivision eight of this section, as the corporation shall determine to\nbe necessary, to provide sufficient funds for achieving its corporate\npurposes, including the making of payments pursuant to section three\nthousand two hundred thirty-eight of this title, the payment of interest\non bonds and notes of the corporation, the establishment of reserves to\nsecure such bonds and notes, the payment of amounts required under bond\nor note facilities or agreements relating thereto, and the payment of\nall costs of issuance of its bonds and notes.\n  (b) The corporation shall have the power and is hereby authorized from\ntime to time to issue (i) notes to renew notes and (ii) bonds to pay\nnotes, including the interest thereon and, whenever it deems refunding\nexpedient, to refund any bonds by the issuance of new bonds, whether the\nbonds to be refunded have or have not matured, and to issue bonds partly\nto refund bonds then outstanding and partly for any of its other\ncorporate purposes. The refunding bonds may be exchanged for the bonds\nto be refunded or sold and the proceeds applied to the purchase,\nredemption or payment of such bonds.\n  (c) Except as may otherwise be expressly provided by the corporation,\nevery issue of its bonds and notes shall be general obligations of the\ncorporation payable out of any revenues of the corporation, subject only\nto any agreements with the holders of particular bonds or notes pledging\nany particular revenues.\n  (d) (i) Bonds and notes shall be authorized by resolution of the\ncorporation, be in such denominations and bear such date or dates and\nmature at such time or times, as such resolution may provide, provided\nthat bonds and notes and renewals or refundings thereof shall mature on\na date not later than December thirty-first, two thousand twenty-five\nnor more than thirty years from the date of original issuance.\n  (ii) Bonds and notes shall be subject to such terms of redemption,\nbear interest at such rate or rates, be payable at such times, be in\nsuch form, either coupon, registered or book entry form, carry such\nregistration privileges, be executed in such manner, be payable in such\nmedium of payment at such place or places, and be subject to such terms\nand conditions as such resolution may provide.\n  (e) Such bonds shall be sold to the bidder offering the lowest\ninterest cost to the corporation, taking into consideration any premium\nor discount and, in the case of refunding bonds, the bona fide initial\npublic offering price, not less than four nor more than fifteen days,\nSundays excepted, after a notice of such sale has been published at\nleast once in a definitive trade publication of the municipal bond\nindustry published on each business day in the state of New York which\nis generally available to participants in the municipal bond industry,\nwhich notice shall state the terms of the sale. The corporation may not\nchange the terms of the sale unless notice of such change is sent via a\ndefinitive trade wire service of the municipal bond industry which, in\ngeneral, makes available information regarding activity and sales of\nmunicipal bonds and is generally available to participants in the\nmunicipal bond industry, at least one hour prior to the time of the sale\nas set forth in the original notice of sale. In so changing the terms or\nconditions of a sale the corporation may send notice by such wire\nservice that the sale will be delayed by up to thirty days, provided\nthat wire notice of the new sale date will be given at least one\nbusiness day prior to the new time when bids will be accepted. In such\nevent, no new notice of sale shall be required to be published.\nAdvertisements shall contain a provision to the effect that the\ncorporation, in its discretion, may reject any or all bids made in\npursuance of such advertisements, and in the event of such rejection,\nthe corporation is authorized to negotiate a private sale or readvertise\nfor bids in the form and manner above described as many times as, in its\njudgment, may be necessary to effect a satisfactory sale.\nNotwithstanding the foregoing provisions of this paragraph, whenever in\nthe judgment of the corporation the interests of the corporation will be\nserved thereby, the corporation may sell bonds at private sale. The\ncorporation shall promulgate regulations governing the terms and\nconditions of any such private sales, which regulations shall include a\nprovision that it give notice to the governor, the temporary president\nof the senate, and the speaker of the assembly of its intention to\nconduct a private sale of obligations pursuant to this section not less\nthan five days prior to such sale or the execution of any binding\nagreement to effect such sale.\n  (f) The corporation shall enter into an agreement with the comptroller\npursuant to which the comptroller shall be the exclusive agent of the\ncorporation for the sale of its bonds and notes.\n  2. Consistent with the provisions of this title, any resolution\nauthorizing any bonds or notes or any issue thereof may contain\nprovisions, which shall be a part of the contract with the holders\nthereof, as to:\n  (a) pledging all or any part of the revenues to secure the payment of\nthe bonds or notes or of any issue thereof, subject to such agreements\nwith bondholders or noteholders as may then exist;\n  (b) pledging all or any part of the assets of the corporation to\nsecure the payment of the bonds or notes or of any issue of bonds or\nnotes, subject to such agreements with bondholders or noteholders as may\nthen exist;\n  (c) the setting aside of reserves or sinking funds and the regulation\nand disposition thereof;\n  (d) limitations on the purposes to which the proceeds of sale of bonds\nor notes may be applied and pledging such proceeds to secure the payment\nof the bonds or notes or of any issue thereof;\n  (e) limitations on the issuance of additional bonds or notes; the\nterms upon which additional bonds or notes may be issued and secured;\nand the refunding of outstanding or other bonds or notes;\n  (f) the procedure, if any, by which the terms of any contract with\nbondholders or noteholders may be amended or abrogated, the amount of\nbonds or notes the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (g) limitations on the amount of moneys to be expended by the\ncorporation for operating expenses of the corporation;\n  (h) vesting in a trustee, as described in subdivision six of this\nsection, such property, rights, powers and duties in trust as the\ncorporation may determine, which may include any or all of the rights,\npowers and duties of the trustee appointed by the bondholders pursuant\nto this title, and limiting or abrogating the right of the bondholders\nto appoint a trustee under this title or limiting the rights, powers,\nand duties of such trustee;\n  (i) the acts or omissions to act which shall constitute a default in\nthe obligations and duties of the corporation to the holders of the\nbonds or notes and providing for the rights and remedies of the holders\nof the bonds or notes in event of such default, including the right to\nappointment of a receiver; providing, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand the other provisions of this title;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the holders of the bonds or\nnotes; and\n  (k) the application of any of the foregoing provisions to any provider\nof any applicable bond or note facility.\n  Notwithstanding the foregoing, the corporation shall not be authorized\nto make any covenant, pledge, promise, or agreement purporting to bind\nthe state except as otherwise specifically authorized by this title.\n  3. Any pledge made by the corporation shall be valid and binding from\nthe time when the pledge is made. The revenues or property so pledged\nand thereafter received by the corporation shall immediately be subject\nto the lien of such pledge without any physical delivery thereof or\nfurther act, and the lien of any such pledge shall be valid and binding\nas against all parties having claims of any kind in tort, contract or\notherwise against the corporation, irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded or filed to protect such\npledge.\n  4. Neither the directors of the corporation nor any other person\nexecuting the bonds or notes of the corporation shall be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  5. The corporation, subject to such agreements with bondholders or\nnoteholders as may then exist, or with the providers of any applicable\nbond or note facility, shall have power out of any funds available\ntherefor to purchase bonds or notes of the corporation, which may or may\nnot thereupon be cancelled, at a price not substantially exceeding:\n  (a) if the bonds or notes are then redeemable, the redemption price\nthen applicable, including any accrued interest;\n  (b) if the bonds or notes are not then redeemable, the redemption\nprice and accrued interest applicable on the first date after such\npurchase upon which the bonds or notes become subject to redemption.\n  6. In the discretion of the directors of the corporation, the bonds\nand notes may be secured by a trust indenture by and between the\ncorporation and a corporate trustee, or a corporate trustee may be\nappointed under the resolution as provided in subdivision two of this\nsection.\n  7. Whether or not the bonds and notes are of such form and character\nas to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds and notes are hereby made negotiable\ninstruments within the meaning of and for all the purposes of the\nuniform commercial code, subject only to the provisions of the bonds and\nnotes for registration or any book-entry-only system.\n  8. (a) The corporation shall not issue any bonds or notes in an amount\nin excess of four billion seven hundred million dollars, plus a\nprincipal amount of bonds or notes:\n  (i) to fund any capital reserve fund in accordance with the capital\nreserve fund requirement,\n  (ii) to provide capitalized interest for a period not to exceed six\nmonths, and\n  (iii) to provide for the payment of fees and other charges and\nexpenses, including underwriters' discount, related to the issuance of\nsuch bonds or notes, or related to the provision of any applicable bond\nor note facilities.\n  (b) In computing for the purposes of this section, the aggregate\namount of indebtedness evidenced by bonds and notes of the corporation\nissued pursuant to this title, there shall be excluded (i) the amount of\nbonds or notes issued that would constitute interest under the Code as\namended to the effective date of this title, and (ii) the amount of such\nindebtedness represented by such bonds or notes issued to refund or\notherwise repay bonds or notes, provided that the amount so excluded\nunder this subparagraph (ii) may exceed the principal amount of such\nbonds or notes that were issued to refund or otherwise repay only if the\npresent value of the aggregate debt service on the refunding or\nrepayment bonds or notes shall not have at the time of their issuance\nexceeded the present value of the aggregate debt service of the bonds or\nnotes they were issued to refund or repay, such present value in each\ncase being calculated by using the effective interest rate of the\nrefunding or repayment bonds or notes, which shall be that rate arrived\nat by doubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment bonds or notes from the payment date thereof to the date of\nissue of the refunding or repayment bonds or notes and to the price bid\ntherefor, or to the proceeds received by the corporation from the sale\nthereof, in each case including estimated accrued interest.\n  9. Each issuance of bonds by the corporation under this title shall\nprovide for the retirement thereof so that debt service thereon,\ncalculated in accordance with reasonably assumed interest rates to the\nextent not then determinable, shall be on a substantially level or\ndecreasing debt-service payment basis no later than one year from the\ndate of their issuance to the date of retirement of the latest bond\nwithin such issue to retire. Each issuance of notes shall provide for\nannual reductions of the aggregate outstanding principal in equal or\nincreasing amounts of such reduction. Notwithstanding the foregoing, if\nthe corporation shall issue refunding bonds, the debt service thereon\nshall be structured on any basis that the corporation deems is in its\nbest interest, provided that debt service on all outstanding bonds,\nnotes and other financial obligations is not increased in any future\nfiscal year after giving effect to such refunding.\n
N.Y. LFN Law § 54.70 — New York Code / Act LFN / Article 2 / Title 4 / Section 54.70
Cost of sales; city of Niagara Falls, Niagara county
Status: in_force

§ 54.70 Cost of sales; city of Niagara Falls, Niagara county. To\nfacilitate the marketing of any issue of bonds of the city of Niagara\nFalls, Niagara county, issued on or before June thirtieth, nineteen\nhundred ninety-nine, such city may, notwithstanding any limitations on\nprivate sales of bonds provided by law and subject to approval by the\nstate comptroller of the terms and conditions of such sale:\n  a. arrange for the underwriting of its bonds at private sale through\nnegotiated agreement, compensation for such underwriting to be provided\nby negotiated fee or by sale of such bonds to an underwriter at a price\nless than the sum of par value of, and the accrued interest on, such\nbonds; or\n  b. arrange for the private sale of its bonds through negotiated\nagreement, compensation for such sale to be provided by negotiated fee,\nif required.\n  The cost of any such underwriting or private placement shall be deemed\na preliminary cost for purposes of section 11.00 of this article.\n
N.Y. VAT Law § 430 — New York Code / Act VAT / Title 4 / Article 17 / Section 430
Retail sale of junk and salvage vehicles
Status: in_force

§ 430. Retail sale of junk and salvage vehicles. 1. Whenever a motor\nvehicle for which a notice of acquisition is required to be filed\npursuant to section four hundred twenty-nine of this article is to be\nregistered for use on the public highway, the person holding the proof\nof ownership for such vehicle must surrender such proof of ownership and\nmake application for a certificate of title. Except as otherwise\nprovided herein, the commissioner shall require the physical examination\nof any such vehicle by a designated employee of the department before a\ntitle will be issued. Upon a request made with such an application for\ntitle, the commissioner may issue a temporary permit which shall be\nvalid for the operation of such vehicle upon the public highways of this\nstate, in accordance with regulations promulgated by the commissioner,\nfrom the date of its issuance until five days after the scheduled date\nof the examination for such vehicle, including the transportation of the\nmotor vehicle to and from the physical examination site, provided the\napplication is accompanied by proof of inspection and evidence of\ninsurance coverage satisfactory to the commissioner. Upon such\nexamination for identification, the employee making such examination\nshall, in accordance with regulations promulgated by the commissioner,\ndetermine whether a special vehicle identification number shall be\nissued for such vehicle. A fee of one hundred fifty dollars shall be\npaid to the commissioner before such examination shall be scheduled or\nmade. Such fee shall be forfeited if the motor vehicle is not presented\nfor examination as scheduled unless the appointment for such examination\nhas been cancelled or postponed in accordance with regulations\npromulgated by the commissioner. If a special vehicle identification\nnumber is issued after such examination, no additional fee shall be\nrequired for such issuance.\n  2. The provisions of subdivision one of this section relating to\ninspection for identification by an employee of the department shall not\napply to a motor vehicle which has been transferred to an insurance\ncompany in settlement of a claim for the theft of such vehicle, provided\nthe following conditions are met:\n  (i) no major component part of the motor vehicle has been replaced\nsince the theft of such vehicle,\n  (ii) repairs made to the motor vehicle since the recovery of such\nvehicle either have not exceeded one-fourth of the amount paid by the\ninsurance company in settlement of the claim or have not exceeded one\nthousand dollars,\n  (iii) the vehicle identification number and all other manufacturers'\nidentifying numbers on the motor vehicle have been examined by the\ninsurance company and are intact in the same form as at the time of the\ntheft of such vehicle,\n  (iv) an affidavit sworn to by an officer of the insurance company is\nsubmitted by the insurance company which made payment in settlement of\nthe claim for theft with the application for title certifying to the\nabove conditions, which affidavit shall also certify additional facts as\nrequired by the commissioner relating to the theft and recovery of such\nvehicle and the amount of settlement and repair costs.\n  3. The commissioner may, by regulation, exempt vehicles from the\nphysical examination required by subdivision one of this section based\nupon the age of the vehicles if the commissioner deems that such\nphysical examination would not further the purposes of the motor vehicle\ntheft prevention program established by section two hundred twenty-three\nof this chapter.\n  4. Fees; deposited. Fees assessed under this section shall be paid to\nthe commissioner for deposit to the general fund, with the exception of\nthe fifty dollar increase in the fee for scheduling an examination\npursuant to subdivision one of this section, which shall be deposited to\nthe dedicated highway and bridge trust fund established pursuant to\nsection eighty-nine-b of the state finance law and the dedicated mass\ntransportation fund established pursuant to section eighty-nine-c of the\nstate finance law and distributed according to the provisions of\nsubdivision (d) of section three hundred one-j of the tax law.\n