NY Educ L § 3641 (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 73 - Apportionment of Public Moneys Part 4 - Special Apportionments and Grants-in-Aid 3641 - Special Apportionments and Grants-in-Aid to School Districts.

§  3641. Special apportionments and grants-in-aid to school districts. 1.   General provisions. a. The  commissioner  shall  be  authorized  to provide  funds  for  the  programs  included in this section only to the extent that an  appropriation  is  available  for  the  purpose  of  the specific program.   b. The payment schedule set forth in section thirty-six hundred nine-a of   this   article   shall  not  apply  to  special  apportionments  or grants-in-aid included in this section. Except where a specific  payment schedule is set forth in this section, the commissioner is authorized to pay  up  to  seventy  percent  of  the  sum appropriated for any program included in this section prior to April first of  the  school  year  for which  such moneys are available, with the remainder payable on or after such date.   2. Full-day  kindergarten  transition  and  pre-kindergarten  planning grants.   Within   the   amount   appropriated  for  such  purpose,  the commissioner is  hereby  authorized  to  award  grants  to:  (i)  school districts  that  operated  half-day  kindergarten  programs  in  the two thousand six--two thousand  seven  school  year  and  will  continue  to operate  such  half-day programs in the two thousand seven--two thousand eight school year to plan for conversion to full-day kindergartens  only in  the school year next following the school year in which the planning grant is received, but no later than the two thousand ten--two  thousand eleven  school  year,  and (ii) school districts for planning grants for the implementation or expansion of universal  prekindergarten  programs. The  commissioner  shall  prescribe  the procedures and criteria for the award of such grants, which shall be available to  school  districts  to defray  their  additional costs for planning time, the cost of classroom materials, equipment,  furniture  and  supplies  not  eligible  for  aid pursuant  to  subdivisions  six, six-a, six-b, six-c or six-f of section thirty-six hundred two of this article, where such additional costs  are incurred in planning for the facilities and staffing that will be needed for such conversion, implementation or expansion. No school district may receive  more  than  one planning grant pursuant to this subdivision for conversion  to  full-day  kindergarten.  The   commissioner   shall   be authorized  to  adopt  regulations  to  implement the provisions of this subdivision.   3.  Supplemental  valuation  impact  grants.    a.  In   addition   to apportionments  otherwise  provided by section thirty-six hundred two of this article, for aid payable in the two  thousand  eight--two  thousand nine  and  two thousand nine--two thousand ten school years, the amounts specified in paragraphs c and d of this subdivision shall  be  paid  for the  purpose  of providing additional funding for school districts which have  experienced  a  significant  financial  hardship  caused   by   an extraordinary  change in the taxable property valuation or extraordinary judgments resulting from tax certiorari proceedings.   b. The purpose of this subdivision is to provide financial  assistance to  school  districts  which have experienced a significant reduction in the taxable full value of  the  school  district  or  extraordinary  tax certiorari  judgments.  The  legislature finds that school districts for which a judgment was made resulting from  a  tax  certiorari  proceeding which  is larger than the total budget of the school district for school year two thousand seven--two thousand  eight  or  for  school  districts which  have  observed  a reduction of taxable real property of more than seventy-five percent between school year two thousand five--two thousand six and school year two thousand eight--two thousand  nine  may  benefit from temporary additional assistance.   c.  To  the  Barker  central  school district, there shall be paid one million three hundred thousand dollars ($1,300,000). Such grant shall be  payable to the Barker central school district  in  accordance  with  the payment schedules contained in section thirty-six hundred nine-a of this article, notwithstanding any provision of law to the contrary.   d.  To the Haverstraw-Stony Point central school district, there shall be paid two million five hundred  thousand  dollars  ($2,500,000).  Such grant  shall  be  payable  to  the Haverstraw-Stony Point central school district in accordance with the payment schedules contained  in  section thirty-six hundred nine-a of this article, notwithstanding any provision of law to the contrary.   4. Building condition survey services. a. Purpose. The purpose of this subdivision is to assess the need of routine maintenance, repairs, minor alterations,  and  operational  improvements  in  order to safeguard and promote the health, safety and welfare of both  pupils  and  staff.  The legislature further finds that the existing aid formula does not provide for  local  assistance  for  such  building  condition surveys and that, therefore, additional funding is necessary to assist local public school districts with such necessary building condition survey activities.   b. Building condition surveys. To be  eligible  for  aid  pursuant  to subdivision  six-e  of  section  thirty-six hundred two of this article, building condition surveys shall be conducted by a licensed architect or licensed professional engineer performing under a state contract entered into pursuant to paragraph c  of  this  subdivision,  shall  assess  the condition  of all major building systems of a school building, and shall be  in  the  form  and  contain  the  information  prescribed   by   the commissioner.  For  purposes of this paragraph, "major building systems" shall mean  the  electrical,  plumbing,  heating,  ventilation  and  air conditioning  systems,  and the roof and other major structural elements of a school building.   c. Powers and duties of the commissioner. (1) The  commissioner  shall develop a building condition survey matrix which would be used to assist public  school  districts  to  develop  long range facilities plans in a consistent format.  (1-a) Commencing no sooner than the first day in January, two thousand twenty, the commissioner  shall  require  school  districts  to  conduct building   condition   surveys  every  five  years  in  accordance  with regulations of the commissioner. Such regulations  shall  prescribe  the date  or  dates by which such surveys must be completed and submitted to the department and shall provide for staggered  implementation  so  that such  surveys  are  distributed  as  evenly  as  possible throughout the five-year period  based  on  the  number  of  public  school  buildings, provided  that  such implementation schedule shall ensure that no region of the state is overrepresented in a given scheduled year and  shall  to the  extent  practicable  prioritize assigning to the first two years of such schedule those school districts with the  greatest  proportions  of buildings  which  previously  received  relatively low overall condition ratings.  (2) The commissioner is hereby authorized to enter into the  necessary contractual  agreements  with  architects and/or engineers to state-wide contracts to provide building construction surveys on a  regional  basis for  a  fixed fee per square foot. Such building condition surveys shall be used to  assist  school  districts  with  the  development  of  their five-year capital facilities plan.   5. School district management efficiency awards program. a. Within the amount  appropriated  for  such  purpose, subject to a plan developed in consultation with the secretary of state and approved by the director of the budget, the commissioner shall award competitive grants pursuant  to this subdivision for achieving school district management efficiencies.  (1)  Such  plan  shall  include  but not be limited to: the process by which a request for proposals is developed; the scoring rubric by  which such  proposals  will  be  evaluated;  the  form  and  manner  by  which applications will be submitted; the manner by which calculation  of  the amount  of  the  award was determined, including establishing benchmarks based on actual cost savings that must be  met  before  any  awards  are paid;  and  the  timeline for the issuance and review of applications to ensure that grants will be first awarded within one hundred  and  twenty days  following  the end of the two thousand eleven--two thousand twelve school year.  (2) The commissioner shall be authorized,  consistent  with  the  plan required   by  this  paragraph,  to  promulgate  rules  and  regulations necessary for the implementation of this subdivision.   b. A response to a request  for  proposals  issued  pursuant  to  this subdivision  may  be submitted by a school district or jointly by two or more school districts who have demonstrated to the satisfaction  of  the commissioner that:  (1)  one or more long term efficiencies in school district management, operations, procurement practices or other cost  savings  measures  that have  not  and  will  not  result in an increase in cost to the state or locality have been implemented;  (2) such efficiencies have been implemented within two years prior  to a   response  to  a  request  for  proposals  issued  pursuant  to  this subdivision or will be implemented during the current school year;  (3) such efficiencies have resulted or will result  in  a  significant reduction in total operating expenses compared to the prior year, in the administrative  component,  or  the  equivalent,  of the school district budget, in transportation operating expenses, in transportation  capital expenses,  and/or  in  other  non-personal service costs included in the program component of the school  district  budget,  or  the  equivalent, compared to the prior year; and  (4)  such  efficiencies  are  expected  to  result  in substantial and sustainable cost savings in future years; and  (5) if two or more school districts are  applying  jointly,  and  have entered   a  shared  services  agreement  as  authorized  by  law,  that significant savings would result from  such  shared  services;  provided that  in  no  event  shall  districts  that have entered into an aidable cooperative educational services agreement for any such services with  a board  of  cooperative educational services pursuant to section nineteen hundred fifty of this chapter be eligible for an award pursuant to  this subdivision  for  the  same  purpose,  but  may be eligible for an award pursuant to this subdivision for another shared long term efficiency  or cost  saving measure. Provided however, a district which has received an award  pursuant  to  the  local  government  efficiency  grant   program authorized by subdivision ten of section fifty-four of the state finance law,  shall  not  be  eligible  to  receive  an  award  pursuant to this subdivision for the same purpose, but  may  be  eligible  for  an  award pursuant  to  this  subdivision for another long term efficiency or cost savings measure.   c. The commissioner shall grant priority  to  applications  that  have demonstrated that the long term efficiencies that have been implemented: (1)  are  innovative in the manner that the management or organizational structure  may  be  changed  to  generate  significant   savings   while maintaining or improving student achievement; (2) have the participation of  the  teachers,  parents  and/or  other  stakeholders  in  the school district; (3) are measures or strategies that other school districts can replicate; or (4) have the greatest quantifiable savings  that  will  be sustainable.    d. A school district that submits documentation that has been approved by   the   commissioner   by   September   first,  two  thousand  twelve demonstrating that it has fully implemented new standards and procedures for conducting annual  professional  performance  reviews  of  classroom teachers  and  building  principals  to  determine teacher and principal effectiveness, shall receive bonus points in the scoring  of  its  grant application.   e.  A school district or school districts seeking a grant shall submit an application to the commissioner in a form and manner and by a date as prescribed by the commissioner. The commissioner may  consult  with  any other  state  agency  about  such  grants  and  each  such  agency shall cooperate in assisting in the analysis of grant applications.   f. The amount of the grant award, including the maximum  grant  amount available  to  any  district  or  districts,  shall be determined by the commissioner, consistent with the plan developed pursuant to paragraph a of this subdivision provided that the amount of  such  awards  shall  be based  upon  the  size  of  the district or school districts measured by public school enrollment of the district or districts,  except  that  no single  district receiving a grant and no group of districts receiving a grant jointly may be awarded more than forty percent of the total amount of grant awards made pursuant to this subdivision; and provided  further that such amount may be adjusted based upon measures of district need.   g.  For  the two thousand thirteen--two thousand fourteen state fiscal year and thereafter, in addition to the  competitive  awards  amount  as defined in paragraph ee of subdivision one of section thirty-six hundred two  of  this  article,  a  minimum of thirty-seven million five hundred thousand dollars shall be available  for  this  purpose  in  each  state fiscal year.   6. School district performance improvement awards grant. a. Within the amounts  appropriated  for  such  purpose,  the commissioner shall award competitive  grants  to  eligible  school  districts  pursuant  to  this subdivision   that   have   demonstrated   the  most  improved  academic achievement gains and student outcomes, as well  as  having  implemented strategies  that  have  the most potential for continued improvements in student performance, narrowing student achievement gaps  and  increasing academic performance in traditionally underserved student groups.   b. The commissioner shall:  (1)  develop  a  competitive  request  for  proposals,  which shall be approved by the director of the  budget,  to  be  issued  on  or  before October  first,  two  thousand  eleven and shall ensure that grants will first be awarded pursuant to this subdivision during  the  two  thousand eleven-two thousand twelve school year.  (2)  create a peer review panel and process and a scoring rubric to be used in the evaluation of applications during such process. Such scoring rubric shall give priority to those eligible school districts that  have the most significant measurable improvements in academic achievement and student  outcomes; and have (A) implemented rigorous programs to improve middle school student performance; (B)  newly  established  or  expanded participation   in   college   level  or  early  college  programs;  (C) significantly increased college admission rates;  (D)  exemplary  career and  technical  education  programs  with a record of successful student outcomes; or (E) other innovative and replicable strategies for  student achievement.  Provided  further that such rubric shall grant priority to those eligible districts whose  programs  benefit  students  having  the greatest educational needs, including but not limited to:  (A) students within traditionally underserved student groups;  (B) students who are English language learners;  (C) students in poverty;  (D) students with disabilities; and  (E) students with low academic achievement.  (3)  be  authorized  to promulgate rules and regulations necessary for the implementation of this subdivision.   c. To be an eligible applicant, a school district must:  (1) have a race to the top final scope of work that  was  approved  by the commissioner by February fifteenth, two thousand eleven; and/or  (2)  have  demonstrated  satisfactory  progress,  as determined by the commissioner, towards implementation of elements such  as  high  quality student  assessments,  use  of  data  to improve instruction and student performance, provision of professional development  to  improve  teacher performance; and  (3)  be  among  the  school  districts  showing  the greatest gains in student performance in its category of district in the prior school year as reflected by increases in student outcome, as well as other  measures for  closing  the achievement gap, improving high school performance and graduation rates, and increasing college attendance and retention  rates as  compared  to  student  performance  in those areas in the applicable baseline year.   d. For purposes of this subdivision:  (1) "category of district" means:  (A)  a  high-need  large  city  category  consisting  of  city  school districts  having  a  population  of  one  hundred  twenty-five thousand inhabitants or more, provided that  in  the  case  of  the  city  school district of the city of New York the chancellor shall have the option of applying  on  behalf  of  one  or more community school districts and/or district seventy-five in lieu of applying on a citywide basis;  (B) a high-need urban-suburban category as defined by the commissioner based upon the need/resource capacity index applicable  to  such  school districts;  (C)  a  high-need  rural category as defined by the commissioner based upon  the  need/resource  capacity  index  applicable  to  such   school districts;  (D) an average need category as defined by the commissioner based upon the  need/resource  capacity  index applicable to such school districts; and  (E) a low need category as defined by the commissioner based upon  the need/resource capacity index applicable to such school districts.  (2)  The  commissioner  shall  establish a methodology for determining which districts in each category of district that  have  applied  for  a performance improvement grant have shown the greatest achievement gains. Provided,  however,  that  where  a  school  district  does not have the minimum  number  of  students  specified   by   the   commissioner   for accountability  purposes  (minimum  "n" size) in one or more of the five subgroups, such district shall not  be  disqualified  from  receiving  a grant, but a preference shall be given to districts within each category of  district  with  the highest number of subgroups meeting such minimum "n" size.   e. The commissioner shall grant awards to  the  school  districts,  as recommended  by  the  peer review panel, among the various categories of districts and determine the amount of the grant award for each  eligible school district based upon the public school enrollment of the district, provided  that  no  district  receiving a grant may be awarded more than forty percent of the total amount of grant awards made pursuant to  this subdivision; and provided further that such amount may be adjusted based upon measures of district need.   f. Any school district receiving an award pursuant to this subdivision shall  expend  grant  funds  in  accordance  with  a  high-quality  plan  submitted with its application in response to the request for proposals. Such plan must specify how such  funds  will  be  used  to  enhance  the activities  and  strategies  that  have been or will be implemented that have been demonstrated to be effective in, or show the most promise for, increasing  student  performance, narrowing the student achievement gap, and increasing academic performance in traditionally underserved student groups.   g. For the two thousand thirteen--two thousand fourteen  state  fiscal year  and  thereafter,  in  addition to the competitive awards amount as defined in paragraph ee of subdivision one of section thirty-six hundred two of this article, a minimum  of  thirty-seven  million  five  hundred thousand  dollars  shall  be  available  for  this purpose in each state fiscal year.   6-a. Community school grants. a. Within the  amount  appropriated  for such  purpose,  subject  to  a  plan  developed  by the state council on children and families in coordination with the commissioner and approved by the director of the budget, the commissioner shall award  competitive grants pursuant to this subdivision to eligible school districts or in a city  with  a  population  of  one million or more an eligible entity to implement, beginning in the two thousand thirteen--two thousand fourteen school year, a plan that targets school buildings as community  hubs  to deliver  co-located  or  school-linked  academic, health, mental health, nutrition, counseling, legal and/or other services to students and their families in a manner that will lead to improved  educational  and  other outcomes.  In  a city with a population of one million or more, eligible entities shall mean the city school district of the city of New York, or not-for-profit  organizations,  which   shall   include   not-for-profit community   based   organizations.   An   eligible   entity  that  is  a not-for-profit may apply for a community school grant provided  that  it collaborates  with  the city school district of the city of New York and receives the approval of the chancellor of the city school  district  of the city of New York.  (1) Such plan shall include, but not be limited to:  (i) The process by which a request for proposals will be developed;  (ii)  The  scoring  rubric  by which such proposals will be evaluated, provided that such grants shall be awarded based on  factors  including, but  not  limited  to: measures of school district need; measures of the need of students to be served by  each  of  the  school  districts;  the school  district's  proposal  to  target  the  highest  need schools and students; the sustainability of the proposed community schools  program; and proposal quality;  (iii) The form and manner by which applications will be submitted;  (iv)  The  manner by which calculation of the amount of the award will be determined;  (v) The timeline for the issuance and review of applications; and  (vi) Program implementation phases that will trigger  payment  of  set percentages of the total award.  (2)  In  assessing  proposal quality, the commissioner shall take into account factors including, but not limited to:  (i) The extent to which the school district's proposal  would  provide such  community services through partnerships with local governments and non-profit organizations;  (ii) The extent to which the proposal would provide  for  delivery  of such services directly in school buildings;  (iii)  The  extent to which the proposal articulates how such services would facilitate measurable improvement in student and family outcomes;  (iv) The extent to which the proposal articulates and  identifies  how existing  funding  streams  and  programs  would be used to provide such community services; and  (v)  the  extent  to  which  the  proposal  ensures  the safety of all students, staff and  community  members  in  school  buildings  used  as community hubs.   b.  A  response  to  a  request  for proposals issued pursuant to this subdivision may be submitted by a single school district or jointly by a consortium of two or  more  school  districts,  or  in  a  city  with  a population of one million or more, an eligible entity.   c.  The  amount  of  the  grant  award  shall  be  determined  by  the commissioner, consistent with the plan developed pursuant to paragraph a of this subdivision, except that no single district may be awarded  more than  forty percent of the total amount of grant awards made pursuant to this subdivision; and provided further that the  maximum  award  to  any individual community school site shall be five hundred thousand dollars; and  provided  further  that  the amount awarded will be paid out in set percentages over time upon successful implementation of each phase of  a school district's approved proposal set forth pursuant to paragraph a of this  subdivision;  and provided further that none of the grants awarded pursuant to this subdivision may be used to supplant existing funding.   6-b. Extended learning grants. a. Within the amount  appropriated  for such  purpose,  subject to a plan that is developed by the commissioner, and approved by the director of the budget, the commissioner shall award competitive  planning  and  implementation  grants  pursuant   to   this subdivision   to  eligible  school  districts  or  school  districts  in collaboration with not-for-profit community based organizations that put forward a proposal to  improve  student  outcomes  by  adding  at  least twenty-five  percent more time to the academic calendar by extending the school  day,  school  year,  or   some   combination   thereof,   either district-wide or in selected school buildings.  (1) Such plan shall include, but not be limited to:  (i) The process by which a request for proposals will be developed;  (ii)  The  scoring  rubric  by which such proposals will be evaluated, provided that priority shall be  given  to  applicants  based  upon  the school  district's  proposal to target the schools and students with the greatest need and upon proposal quality;  (iii) The form and manner by which applications will be submitted;  (iv) The timeline for the issuance and review of applications; and  (v) A requirement that school  districts  awarded  grants  under  this subdivision  submit to an annual evaluation of performance and impact as required by the commissioner.  (2) In assessing proposal quality in  order  to  award  implementation grant   funding,  the  commissioner  shall  take  into  account  factors including, but not limited to:  (i) the extent to which the school district's proposal would  maximize the  use  of  the  additional  learning  time  through  a  comprehensive restructuring of the school day and/or year;  (ii) how the additional learning time would be utilized, including but not limited to additional time spent on core academics; and  (iii) the extent  to  which  the  proposal  would  provide  additional learning time for students in grades six through eight.   b.  A  school  district's school-wide extended learning implementation grant award shall equal its average daily attendance in the  school-wide extended  learning  program multiplied by the expected cost per pupil of the additional learning time. For  purposes  of  this  subdivision,  the expected  cost per pupil of the additional learning time shall equal the greater of fifteen hundred dollars or (1) the quotient of (i) the school  district's  approved  operating  expense  pursuant  to  paragraph  t  of subdivision  one  of  section thirty-six hundred two of this article for the year prior to the base year divided by (ii)  the  district's  public school  district  enrollment pursuant to subparagraph two of paragraph n of such subdivision for the year prior to the base  year  multiplied  by (2)  ten  percent  (0.10),  multiplied  by  (3)  the quotient of (i) the average of the national consumer price indexes determined by the  United States department of labor for the twelve month period preceding January first  of  the  base  year,  divided by (ii) the average of the national consumer price indexes determined by the  United  States  department  of labor  for  the  twelve month period preceding January first of the year two years prior to the base year.   c. In extraordinary cases, the commissioner may  award  a  grant  that exceeds  the  per pupil limit calculated pursuant to paragraph b of this subdivision.   d. No district shall receive a grant in excess  of  the  total  actual grant  expenditures  incurred  by  the  district  in the current year as approved by the commissioner.   e. No single district may be awarded more than forty  percent  of  the total amount of grant awards made pursuant to this subdivision.   6-c.  Teacher  excellence  fund. a. Within the amount appropriated for such purpose, subject to  a  request  for  proposals  developed  by  the commissioner   and   approved   by  the  director  of  the  budget,  the commissioner shall award teacher excellence fund grants pursuant to this subdivision to eligible school districts, beginning in the two  thousand fourteen--two   thousand   fifteen   school  year,  to  provide  teacher excellence fund performance awards to highly effective teachers.  (1) Teacher excellence fund performance awards shall be  allocated  in an  annual  amount of up to twenty thousand dollars to eligible teachers rated as "highly effective" based on the most recent annual professional performance review, in accordance with the requirements of section three thousand twelve-c of this chapter and regulations of the commissioner.  (2) On an annual  basis,  eligible  school  districts  may  submit  an application  to the commissioner, in a form and manner prescribed by the commissioner, to request funding pursuant to this subdivision.  (3) The commissioner shall  make  available  such  application  on  or before  May  fifteenth of the preceding school year and the commissioner shall issue preliminary teacher  excellence  fund  grant  awards  on  or before  October  fifteenth  of  the  school  year  in which the eligible teacher shall receive a teacher excellence fund performance award.  (4) Applications submitted by eligible school districts shall  include information  required by the commissioner including, but not limited to, the extent to which the school district's plan is intended to  recognize and  reward  highly-effective teachers: (i) in school buildings with the greatest  academic  need;  (ii)   in   difficult-to-staff   subject   or certification areas and/or grade levels; and (iii) at critical points in a  teacher's  career  in order to encourage highly effective teachers to remain in the classroom.  (5)  The  commissioner  shall  prioritize  applications  submitted  by eligible  school  districts  based on factors including, but not limited to, the factors described in subparagraph four of this paragraph and the quality of the proposal.  (6) Notwithstanding any other provision of law to  the  contrary,  the teacher  excellence fund performance awards provided by this subdivision shall be in addition  to,  and  shall  not  be  considered  part  of,  a teacher's basic annual salary, and shall not be included as compensation for  retirement  purposes.  Teacher  excellence  fund performance awards shall supplement  and  shall  not  supplant  compensation  from  sources  exclusive  of  this  subdivision  agreed  to  as  part  of  a collective bargaining agreement.   b. For the purpose of this subdivision:  (1)  The  term  "eligible  school district" shall mean a common, union free, central, central high school, city, or special act school district that has entered  into  an  agreement  with  the  collective  bargaining representatives  of certified teachers consistent with the provisions of the application submitted by the school district pursuant to paragraph a of this subdivision.  (2) The term "eligible teacher" shall mean a teacher who (i) holds  an initial,  provisional,  transitional,  permanent  or  professional state teaching certificate appropriate to the  teaching  positions,  including the  subject area if applicable, in which he or she is employed; (ii) is a classroom teacher  subject  to  the  annual  professional  performance review  requirements of section three thousand twelve-c of this chapter; and (iii) is rated "highly effective" based on his or  her  most  recent annual   professional   performance   review,  in  accordance  with  the requirements of section three thousand  twelve-c  of  this  chapter  and regulations of the commissioner.   7.  Small  government  assistance.  a.  In  addition to apportionments otherwise provided by section thirty-six hundred two of this article for payable in the two thousand eleven--two thousand twelve school year  and thereafter  the  amounts  specified  in  paragraph b of this subdivision shall be paid to school districts for small government assistance.   b. To school districts that received small  government  assistance  in the  state  fiscal  year  two  thousand  ten--two  thousand eleven, such apportionment  in  the  same  amount  shall  be  apportioned  to  school districts  on or before March thirty-first of the school year upon audit and warrant of the comptroller.   8. Supplemental educational improvement  grants.  a.  In  addition  to apportionments  otherwise  provided by section thirty-six hundred two of this article, for aid payable in the two  thousand  seven--two  thousand eight  school  year and thereafter, the amounts specified in paragraph b of  this  subdivision  shall  be  paid  for  the  purpose  of  providing additional  funding  for  the  costs  of  educational  improvement plans required  as  a  result  of  a  court-ordered  settlement  in  a  school desegregation  case  to which the state was a party. Grant funds awarded pursuant to this subdivision shall be used exclusively for services  and expenses  incurred  by the school district to implement such educational improvement plans.   b. To the Yonkers city school district there shall be  paid  seventeen million  five hundred thousand dollars ($17,500,000) on an annual basis. Such grant shall be payable from funds appropriated for such purpose and shall be apportioned to the Yonkers city school district  in  accordance with  the  payment  schedules  contained  in  section thirty-six hundred nine-a of this article, notwithstanding any  provision  of  law  to  the contrary.   9. Targeted instructional staff development grants. a. In the nineteen hundred ninety-eight--ninety-nine school year and thereafter, within the amount  appropriated  for  such  purpose, the commissioner shall provide grants pursuant to this subdivision to: (1) school  districts,  and  (2) school  districts  working  in collaboration with institutions of higher education and/or teacher resource and computer resource centers, and (3) providers of  pre-kindergarten  services  which  are  receiving  funding pursuant  to  section  three thousand six hundred two-e of this article, for services  and  expenses  related  to  targeted  instructional  staff development grants.    b. School districts and providers of pre-kindergarten services seeking a grant pursuant to this subdivision shall submit a plan for approval of the commissioner that details how the school district will use the grant funds to provide effective and grade-level appropriate staff development programs  that  are  targeted  on one or more of the instructional areas specified in paragraph c of this subdivision. Such plan shall  be  in  a form  prescribed  by  the  commissioner  and  shall  include, but not be limited to, a proposed budget, and a description of:  (1) the program, including, but not limited to, its purpose and target population;  (2) how the new program shall be integrated with, and will supplement, the district's existing in-service staff development program;  (3) when the staff development program shall be  offered  to  teachers and the arrangements made by the school district to assure that teachers are  able  to  attend,  including,  but not limited to, arrangements for substitute teachers;  (4) the local funds, if any, that will be made  available  to  support the new staff development program; and  (5)  a  plan for evaluation of the effectiveness of the program, which shall include, but need not be limited to, a survey of all participating teachers.   c. Staff development programs  funded  pursuant  to  this  subdivision shall  be targeted for specialized in-service training in one or more of the following areas:  (i) understanding  and  implementing  the  new  higher  standards  and assessments as promulgated by the board of regents and the commissioner;  (ii) effective use of technology in instruction;  (iii)    instruction    of   children   who   are   participating   in pre-kindergarten programs approved pursuant to  section  three  thousand six hundred two-e of this article;  (iv)  instruction  of  children  with  disabilities  within  a regular education setting;  (v) instruction of nondisabled children who demonstrate the  need  for increased academic attention; and  (vi)  other  areas  of  need  demonstrated by the district that relate directly to student instruction and are approved by the commissioner.   d. Grants shall be awarded on a competitive basis in  accordance  with criteria  established  by  the commissioner. Grant funds may be used for the approved expenses of the staff development program as defined by the commissioner, provided that such approved expenses  shall  include,  but need  not  be  limited  to,  reasonable  travel  costs  for instructors, reasonable costs for the use of technology to provide staff  development programs at a distance, and the actual cost to the district of employing substitute  teachers for teachers participating in the program exclusive of any state aid payable for such costs.   e. The commissioner  shall  be  authorized  to  adopt  regulations  to implement the provisions of this subdivision.   f.  In  the  event the appropriation for purposes of this paragraph in any year is insufficient to pay all claims  received  pursuant  to  this paragraph,  the  commissioner  shall pay such claims on a prorated basis among all districts  filing  such  claims  until  the  appropriation  is exhausted.     For    aid    payable    in    the    nineteen    hundred ninety-eight--ninety-nine school year, the aid payable pursuant to  this paragraph  shall  not  exceed  one million five hundred thousand dollars ($1,500,000); for the nineteen hundred ninety-nine--two thousand  school year  the  aid  payable pursuant to this paragraph shall not exceed five million dollars ($5,000,000); and for the two thousand--two thousand one  school year and thereafter the aid payable pursuant  to  this  paragraph shall not exceed ten million dollars ($10,000,000).   10.  Aid  for  rebuilding  schools  to  uphold  education (RESCUE). In addition to the apportionments made pursuant to subdivisions six, six-a, and six-b and paragraph c of subdivision fourteen of section  thirty-six hundred  two  of this article, school districts shall be eligible for an apportionment  or  apportionments  pursuant  to  this  subdivision   for eligible school construction projects. The payment of such apportionment or  apportionments shall be made in the manner provided for in paragraph d of this subdivision. An apportionment for any  such  eligible  project shall  initially  be available in the state fiscal year commencing April first, nineteen hundred  ninety-nine,  provided  that  applications  for approval  of such eligible projects by the commissioner may be processed hereunder prior to such date.   a. Definitions. For purposes of this subdivision:  (1) "Eligible school construction  project",  or  "eligible  project," means  a  project  for  the design, planning, construction, acquisition, reconstruction,  rehabilitation  or  improvement  of  a  public   school building  used  primarily  for  instruction  that  is  an  accessibility project, an educational technology project, a health and safety project, and/or a physical capacity expansion project, that has been approved  by the  voters  of the school district or approved by the trustees or board of education for school districts where voter approval is  not  required on  or  after  July  first, nineteen hundred ninety-eight or before July first, two thousand  three;  that  such  project  is  contained  in  the district's five year facilities plan; and such project is a critical and priority  project  as identified by such district's safety rating system required by sections four hundred nine-d and four hundred nine-e of this chapter, or, a construction emergency project.  (2) "Eligible minor maintenance and repair project" means  a  project, not  otherwise eligible for an apportionment pursuant to subdivision six of section thirty-six hundred two of this article, that  is  related  to maintaining  and  repairing  public  school buildings used primarily for instruction, including expenditures for  minor  repair  and  improvement activities  performed  to remedy existing minor maintenance deficiencies and expenditures for periodic, scheduled maintenance activities intended to mitigate the need for excessive capital renovation and rehabilitation in the future as documented by a plan  developed  by  the  district  and submitted to the commissioner and which has been approved for funding on or  after  July  first,  nineteen  hundred  ninety-eight, or before July first, two thousand two by the commissioner.  (3) "Approved project" means an eligible school  construction  project that   has   been  reviewed  by  the  department  and  approved  by  the commissioner pursuant to  this  subdivision  on  or  after  July  first, nineteen  hundred ninety-eight and before July first, two thousand three (except as otherwise provided in subparagraph one of paragraph c of this subdivision)  for  funding   disbursement   by   an   apportionment   or apportionments made hereunder.  (4)  For  the  purposes  of  the expenditure of the maximum additional apportionment defined in subparagraph  11,  "Approved  building  aidable project"  means  an approved project for which approved expenditures are eligible for an apportionment pursuant to subdivisions six, six-a, six-b and/or paragraph c of subdivision fourteen of section thirty-six hundred two of this article and one or more of  the  following  conditions  have been met:  (i)  Projects  for  which letters of intent are on file with the state education department by August 1, 1999;  (ii) Projects approved by the voters by January 15, 2000;  (iii) In the case of a school district in a city with a population  of one  million  or more, projects specifically referenced in the five-year educational facilities capital plan pursuant to section  2590-p  of  the education law on file with the commissioner as of August 1, 1999; and  (iv)  Projects  for  which  letters of intent are filed with the state education department by July 1, 2000 that are determined to be  priority projects  necessary  to:  address  the  safety or health of students and staff including, but not  limited  to  climate  control;  or  to  assure accessibility of individuals with disabilities.  (4-a)  For  the  purposes of the expenditure of the maximum additional apportionment defined in subparagraph 11-a, "Approved  building  aidable project" means an approved eligible school construction project.  (5)  "Accessibility  project"  means  an  eligible school construction project which, as a primary purpose, enhances  accessibility  to  public school  buildings  used  primarily  for instruction for individuals with disabilities.  (6)  "Construction  emergency  project"  means  an   eligible   school construction  project  to  remediate emergency situations which arise in public school buildings used primarily for instruction as  a  result  of significant  damage  caused  by  an  unanticipated and sudden occurrence which results in the necessity for immediate repair.  (7)  "Educational  technology  project"  means  an   eligible   school construction  project  which,  as a primary purpose, enhances the use of technology in public school buildings used  primarily  for  instruction, including  but  not  limited  to,  electrical  upgrades, wiring, cabling installations,  fiber  optics,  conduits,  raceways,   telecommunication systems and wireless options.  (8)  "Health and safety project" means an eligible school construction project  which,  as  a  primary  purpose,  addresses  the  reduction  or elimination  of  the  risk  of  personal  injury or harm to occupants of public school buildings used primarily for  instruction,  including  but not  limited  to  environmental remediation, the eradication of fire and health code violations, the provision of adequate ventilation,  and  the rehabilitation and repair of existing facilities.  (9)  "Physical  capacity  expansion  project" means an eligible school construction  project  which,  as  a  primary   purpose,   expands   the availability of adequate and appropriate instructional space in a public school  building  used  primarily  for  instruction,  including  but not limited to expansions which provide for reduced class size.  (10) "District sharing ratio" means the quotient obtained when the sum of the resident public school district enrollment of a  school  district as  defined  in  subparagraph  four of paragraph n of subdivision one of section  thirty-six  hundred  two  of  this  article  and  its  resident nonpublic   school  enrollment  for  such  school  year  as  defined  in subparagraph five of such paragraph, is  divided  by  the  sum  of  such enrollments  for  all  school  districts  for such school year, with the result expressed as  a  decimal  carried  to  the  sixth  place  without rounding.  For  any maximum additional apportionment calculated pursuant to subparagraph eleven of this paragraph,  the  resident  public  school district enrollment and its resident nonpublic school enrollment for the nineteen  hundred ninety-eight--ninety-nine school year shall be used to calculate  the  district  sharing  ratio.  For  any  maximum  additional apportionment  calculated  pursuant  to  subparagraph  eleven-a  of this paragraph, the  resident  public  school  district  enrollment  and  its resident   nonpublic   school   enrollment   for  the  nineteen  hundred ninety-nine--two thousand school year shall be  used  to  calculate  the district sharing ratio.  (11)  "Maximum  additional  apportionment" for any appropriation first made in support of this subdivision in the education, labor  and  family assistance budget bill enacted for the nineteen hundred ninety-nine--two thousand  state fiscal year means the result calculated when one hundred forty-five  million  dollars is multiplied by the district sharing ratio for the school district provided, however, that such maximum  additional apportionment  shall  not  be  less  than  twenty  thousand  dollars and provided further that in the event that the sum  of  the  apportionments calculated  pursuant  to  this  section  exceeds  one hundred forty-five million dollars, all such apportionments in excess  of  twenty  thousand dollars  shall be adjusted downward on a prorated basis as determined by the commissioner, provided further that such adjustment shall not reduce any such apportionment below twenty thousand dollars.  The  commissioner shall  notify  each  school  district  by  September fifteenth, nineteen hundred  ninety-nine,  of  the  amount   of   the   maximum   additional apportionment  available  to  it  as calculated hereinabove. The maximum additional apportionment for a school district  shall  be  available  to such  school  district  for  the purpose of allowing the commissioner to make an apportionment or apportionments of monies appropriated for  such purpose  to  fund  expenditures  and  disbursements  made  for  approved projects of such school  district  for  school  years  nineteen  hundred ninety-eight--nineteen  hundred ninety-nine through and inclusive of two thousand one--two thousand two, provided that an  apportionment  may  be made  by  the  commissioner  beyond June thirtieth, two thousand two for certain approved projects as specifically authorized by subparagraph one of paragraph c of this subdivision. An apportionment of  monies  for  an approved  project  which  is  an  eligible  school  construction project (including a construction emergency  project)  shall  be  subject  to  a repayment  being  made  to the comptroller by the dormitory authority as more particularly provided for in paragraph d of this subdivision.  (11-a) "Maximum additional apportionment" for any appropriation  first made  in  support of this subdivision in the education, labor and family assistance budget bill enacted for the two  thousand--two  thousand  one state fiscal year means the result calculated when fifty million dollars is  multiplied  by  the  district sharing ratio for the school district, provided, however, that such maximum additional apportionment shall  not be  less  than  twenty thousand dollars and provided further that in the event that the sum of the apportionments  calculated  pursuant  to  this section exceeds fifty million dollars, all such apportionments in excess of  twenty  thousand  dollars  shall  be adjusted downward on a prorated basis as determined by the  commissioner,  provided  further  that  such adjustment shall not reduce any such apportionment below twenty thousand dollars.  The  commissioner  shall  notify  each school district by June fifteenth, two  thousand,  of  the  amount  of  the  maximum  additional apportionment  available  to  it  as calculated hereinabove. The maximum additional apportionment for a school district  shall  be  available  to such  school  district  for  the purpose of allowing the commissioner to make an apportionment or apportionments of monies appropriated for  such purpose  to  fund  expenditures  and  disbursements  made  for  approved projects of such school  district  for  school  years  nineteen  hundred ninety-eight--nineteen  hundred ninety-nine through and inclusive of two thousand two--two thousand three, provided that an apportionment may  be made  by  the commissioner beyond June thirtieth, two thousand three for certain approved projects as specifically authorized by subparagraph one of paragraph c of this subdivision. An apportionment of  monies  for  an approved  project  which  is  an  eligible  school  construction project (including a construction emergency  project)  shall  be  subject  to  a  repayment  being  made  to the comptroller by the dormitory authority as more particularly provided for in paragraph d of this subdivision.   b.  Eligibility.  All  approved  projects  shall  be  eligible  for an apportionment or apportionments by the  commissioner  pursuant  to  this subdivision  in  the  nineteen hundred ninety-nine--two thousand through two thousand two--two thousand three school years, provided however: (1) notwithstanding any other provision  of  this  subdivision,  any  school district  eligible  for  a  maximum additional apportionment pursuant to this subdivision in excess of one hundred thousand dollars  applying  to the   commissioner   for   approval   of  an  eligible  project  for  an apportionment or  apportionments  pursuant  to  this  subdivision  shall demonstrate:  (i)  that  any  eligible  project  for  which  such school district is seeking funding is contained within its  five  year  capital facilities  plan  and is a critical priority project as indicated by the district's safety rating system as required  by  sections  four  hundred nine-d  and  four  hundred  nine-e  of  this  chapter, or (ii) that such project  is  considered  a  construction   emergency   as   defined   in subparagraph  six of paragraph a of this subdivision, or (iii) that such project is an approved building aidable project; and (2) notwithstanding any other provision of this subdivision, that for  any  school  district eligible  for  a  maximum  additional  apportionment  pursuant  to  this subdivision, in an amount less than or equal  to  one  hundred  thousand dollars,  the  requirements  of  clauses (i) - (iii) of subparagraph (1) hereof shall not apply.   c. Maximum additional apportionment. (1) A school district  which  has an approved project or projects shall be entitled to an apportionment or apportionments  for such project or projects in an amount whether in the aggregate  or  otherwise,  not  to   exceed   the   maximum   additional apportionment   calculated   for  such  school  district.  Such  maximum additional apportionment shall be available to the school  district  for expenditure  for  such  approved  projects  in the school years nineteen hundred ninety-nine--two thousand through two thousand two--two thousand three, provided that expenditures for such approved project may be  made from  such  maximum additional apportionment on or after July first, two thousand three and prior to June thirtieth, two thousand  four  if:  (i) such  project  is  approved  by the voters of the school district, or is approved by the trustees or board of education for such school  district where  voter approval is not required, prior to July first, two thousand three; (ii) application is made to the commissioner for approval of such eligible project as an approved project by August  first,  two  thousand three;  and  (iii) the commissioner approves such eligible project as an approved project by October  first,  two  thousand  three.  The  maximum additional  apportionment  may be expended in whole or in part in any of such school years and beyond  June  thirtieth,  two  thousand  three  as specifically  authorized  by  the  immediately  preceding  sentence. The amount of such maximum additional apportionment not expended,  disbursed or  encumbered  for  any such year shall be carried over for expenditure and disbursement to the next succeeding school year, provided  that  for the  purposes  of  this  subdivision a carryover shall not be authorized beyond the school year two thousand two--two thousand  three  except  as otherwise  authorized  hereinabove  in  this  subparagraph. Such maximum additional apportionment may be used to  supplement  the  apportionments available  pursuant to subdivisions six, six-a and six-b and paragraph c of  subdivision  fourteen  of  section  thirty-six   hundred   two   and subdivision twelve of this section for expenditures or disbursements for approved  building  aidable  projects,  provided  that,  for  any school district with an enhanced building aid ratio computed pursuant to clause (ii) of subparagraph two of paragraph b of subdivision  six  of  section  thirty-six hundred two of this article that is less than nine-tenths the total  of such apportionments plus the apportionment payable pursuant to this  subdivision  for  the  approved  project  costs   of   the   total apportionment  for  any approved building aidable project, as limited by the cost allowances specified in  paragraph  a  of  subdivision  six  of section  thirty-six  hundred  two  of  this  article,  shall  not exceed ninety-five percent of such approved project costs, and  that,  for  any school district with an enhanced building aid ratio computed pursuant to such clause (ii) that is equal to nine-tenths or more, the total of such apportionments   plus   the   apportionment  payable  pursuant  to  this subdivision for such approved project  costs  of  an  approved  building aidable  project  shall not exceed ninety-eight percent of such approved project costs, provided further that the apportionment provided pursuant to this  subdivision  shall  not  otherwise  reduce  the  apportionments payable  for  approved project costs pursuant to subdivisions six, six-a and six-b and paragraph c of subdivision fourteen of section  thirty-six hundred two and subdivision twelve of this section and may be used by an eligible  school district to fund the principal amount of any costs that are in excess of the costs approved for  an  apportionment  pursuant  to such  subdivisions six, six-a or six-b of section thirty-six hundred two or subdivision twelve of this section.  Except  as  authorized  in  this paragraph,  expenditures from the maximum additional apportionment shall not be eligible for aid under any other provision of this chapter.  (2)  The  commissioner  shall  report  to  the  governor  and  to  the legislature  by February first, two thousand three concerning the amount of  any  maximum  additional  apportionment  available  to  each  school district,  whether in total or in part, that has not been applied for by any such school district by January first, two thousand  three.  If  the total  amount  of  such  maximum  additional  apportionment has not been applied for and approved by the commissioner by July first, two thousand three, or, at the latest, applied for  by  August  first,  two  thousand three  and  approved  by the commissioner by October first, two thousand three as expressly limited by subparagraph one of  this  paragraph,  the commissioner  shall  report  to  the governor and to the legislature and notify all districts by November first, two  thousand  three  the  total remaining  aggregate amount of maximum additional apportionments for all school districts which remain uncommitted by such school districts as of such date, which such total remaining aggregate  amount  shall  then  be distributed on a competitive basis established by the commissioner, with priority  given  to  districts  with outstanding needs as defined by the district's five year facility plan and approved by  the  voters  of  the school  district, or approved by the trustees or board of education of a school district where voter approval is not required.   d. It is the intent of the legislature that school  districts  receive funding  for  approved  projects  in a timely manner. The payment of all apportionments to  be  made  for  approved  projects  pursuant  to  this subdivision  shall  be  made  from  funds  annually  appropriated by the legislature for such purpose. An  apportionment  so  made  to  a  school district  from  appropriated  funds  by the commissioner for an approved project which is an eligible school construction project shall be repaid to the state comptroller by the dormitory authority from  bond  proceeds made  available  for  such  purpose  pursuant to section sixteen hundred eighty-nine-a of the public authorities law.   e. Powers  and  duties  of  the  commissioner.  In  administering  the provisions of this subdivision, the commissioner shall:  (1)  establish  an  application  process  for  school  districts which request  the  approval  of  the  commissioner   for   funding   for   an apportionment or apportionments for eligible projects; and  (2)  provide  that approved projects which receive an apportionment or apportionments pursuant to this subdivision  are  designed,  constructed and  maintained  in  the  most  cost-effective  manner  possible,  which minimizes waste and maximizes efficiency. The board of regents  and  the commissioner  shall  impose  a mechanism for establishing guidelines for monitoring and documenting this process.  The  commissioner  shall  take appropriate   action   to  ensure  a  district's  compliance  with  this subparagraph.   f. Maintenance of projects. In order to assure effective discharge  of state   responsibility  with  respect  to  the  implementation  of  this subdivision, the board of regents and  the  commissioner  shall  provide that  no  moneys  shall  be  made  available to a school district for an eligible  school  construction  project,  exclusive  of  a  construction emergency  project  unless  and  until such school district has complied with the requirements of sections four hundred nine-d and  four  hundred nine-e of this chapter and has submitted to the commissioner its current five  year  capital facilities plan required pursuant to subdivision six of this section, section twenty-five hundred-p of this  chapter  or  any other provision of this chapter, detailing the district's infrastructure needs.  Notwithstanding  the  provisions  of  this  paragraph any school district receiving funds from the maximum additional apportionment shall provide an assurance to the commissioner that all projects funded  under this subdivision will be maintained in good repair.   g.  Compliance  with  other  laws.  Funds  provided  pursuant  to this subdivision shall be subject to the applicable provisions of  the  state finance law and all other applicable federal, state and local laws.   11.   Special   academic   improvement   grants.  a.  In  addition  to apportionments otherwise provided by section thirty-six hundred  two  of this  article,  for aid payable in the school year two thousand one--two thousand two  and  every  year  thereafter,  the  amounts  specified  in paragraph  b  of  this subdivision shall be paid for the sole purpose of enhancement of the academic  programs  of  school  districts  that  have become  subject  to  removal  of  the  board of education as a result of failure of one or more  schools  to  meet  state  school  accountability standards  and serious financial problems that impact the ability of the school district to support program improvements without endangering  the fiscal  stability  of  the  school  district's residents and businesses. Grant  funds  awarded  pursuant  to  this  subdivision  shall  be   used exclusively for services and expenses incurred by the school district to support  and maintain the improvement of the academic performance of the schools of the school district, in accordance with a plan of expenditure prepared at the direction  of  the  commissioner  and  approved  by  the commissioner.   b.  To  the  Roosevelt  union free school district there shall be paid twelve million dollars ($12,000,000) on  an  annual  basis.  For  school years  commencing on July first, two thousand seven and thereafter, such special  academic  improvement  grant  shall  be  payable   from   funds appropriated  for such purpose and shall be apportioned to the Roosevelt union free school district in  accordance  with  the  payment  schedules contained  in section three thousand six hundred nine-a of this article, notwithstanding any provision of law to the contrary.   b-1. For the two thousand fourteen--two thousand fifteen school  year, six  million  dollars  shall  be  paid  pursuant  to paragraph b of this subdivision and the remaining six million dollars shall  be  paid  after the  submission  of  an  expenditure  plan  by the superintendent of the Roosevelt union free school district to the speaker of the assembly, the temporary president of the senate and the  members  of  the  legislature  representing  such  school  district. Such plan shall focus on improving academic performance.   c.  For  the  purposes of ensuring improvement in academic achievement consistent with the provisions of this grant, in any year  in  which  an apportionment  is provided pursuant to this section, the Roosevelt union free school district shall:  (1) Submit to the commissioner a  five-year  educational  plan,  in  a manner  prescribed  by  the  commissioner,  and  such plan shall include specific courses of action that will be taken and details describing how additional state and federal funds will be used to  improve  educational outcomes   for  students  and  increase  the  quality  of  teachers  and principals.  This  five-year  educational  plan  will  be  updated   and submitted to the commissioner by September first of each year.  (2)   Submit  a  five-year  fiscal  stabilization  plan  in  a  manner prescribed  by  the  commissioner,  and  aligned  with   the   five-year educational  plan  for  approval  by the commissioner or his designee by September first of each year.  (3) Provide a proposed annual budget to the commissioner by the  first business day of May of each year.  (4)  Provide  an  annual  approved  budget to the commissioner by July first of each year.  (5) Provide quarterly budget status reports including compliance  with the annual approved budget of the district.  (6)  Take  any  additional  actions or submit additional documentation identified by the commissioner deemed necessary  to  ensure  the  fiscal integrity of the Roosevelt union free school district.   12.  Capital  outlay  transition  grants. a. Capital outlay transition grants. (1) The commissioner shall, upon application  therefor,  certify to  the  dormitory  authority of the state of New York the amounts to be awarded as grants to school  districts  in  the  two  thousand  two--two thousand   three   state  fiscal  year  for  reimbursement  of  approved expenditures for capital outlays incurred in the two  thousand  one--two thousand  two  school year, as calculated pursuant to subdivision six of section thirty-six hundred two of this article and this subdivision.  (2)  School  districts  which  would  have  been   eligible   for   an apportionment  for  base  year approved expenditures for capital outlays pursuant to subdivision six of section thirty-six hundred  two  of  this article  in  the  two thousand two--two thousand three school year under the provisions of such subdivision six in effect  in  the  two  thousand one--two thousand two school year shall be eligible to apply for a grant pursuant  to  this paragraph in lieu of an apportionment of aid for such approved expenditures pursuant to subdivision six of section  thirty-six hundred two of this article. Application for such grant shall be made on or  before the first business day of September, two thousand two in such form  as  the  commissioner   shall   determine,   and   shall   include documentation  of  actual  approved  expenditures  for  capital  outlays incurred in the two thousand one--two thousand two school year.  (3)(i) Upon approval of such  application  by  the  commissioner,  the district  shall be eligible for a grant in an amount equal to the lesser of: (1) the product of the amount of the district's base  year  approved expenditures for capital outlays for school building purposes determined pursuant  to  subdivision  six of section thirty-six hundred two of this article from its general fund, capital fund  or  from  a  reserve  fund, based on data on file with the commissioner on the first business day of September,  two  thousand  two,  multiplied  by the sum of the aid ratio computed for such expenditures pursuant to the provisions of paragraph c of subdivision six of section thirty-six hundred two  of  this  article, plus  the incentive decimal, if any, calculated pursuant to subparagraph  two of paragraph b of such subdivision six, provided that the amount  of reimbursement  attributable to approved expenditures for capital outlays for joint facilities shall be determined pursuant to  subparagraph  four of this paragraph, and (2) the amount set forth for such school district in  the  school  aid  listing  for  the  current  year  produced  by the commissioner in May two thousand two and entitled "SA0203".  (ii) In the event that  the  sum  of  the  grants  calculated  by  the commissioner  for  school  districts  pursuant  to  clause  (i)  of this subparagraph  is  less  than  one  hundred  forty  million  dollars  the districts  shall  be eligible for an additional grant in an amount up to the difference between (1) the product of the amount of  the  district's base  year approved expenditures for capital outlays for school building purposes determined pursuant to subdivision six  of  section  thirty-six hundred  two of this article from its general fund, capital fund or from a reserve fund that was approved by the board of  education  in  a  city with  a  population  of more than one hundred twenty-five thousand as of May fifteenth, two thousand two or  by  the  voters  in  another  school district  prior  to  July first, two thousand two, based on data on file with the commissioner on  the  first  business  day  of  September,  two thousand  two,  multiplied by the sum of the aid ratio computed for such expenditures pursuant to the provisions of paragraph  c  of  subdivision six  of  section  thirty-six  hundred  two  of  this  article,  plus the incentive decimal, if any, calculated pursuant to  subparagraph  two  of paragraph  b  of  such  subdivision  six,  provided  that  the amount of reimbursement attributable to approved expenditures for capital  outlays for  joint  facilities shall be determined pursuant to subparagraph four of this paragraph, minus, (2) the amount calculated pursuant  to  clause (i)  of  this  subparagraph. Such additional grants shall be approved in the order of the date of receipt of the district's  application  by  the commissioner, up to the total amount of the appropriation; provided that in  the even that two or more school districts submit application on the same day and full payment  of  the  amounts  so  requested  exceed  such appropriation,  the  commissioner  shall  adjust  the  grant  amounts to conform to such appropriation. In  no  event  shall  any  grant  not  be awarded  due to an inability of the commissioner to make a full award of the amount on the application.  (4) In the case of two or more school districts eligible for operating aid pursuant to section thirty-six hundred two of this article that have entered into  an  agreement  in  accordance  with  section  one  hundred nineteen-o of the general municipal law and subdivision six-b of section thirty-six hundred two of this article for approved expenditures for the construction  or  reconstruction  of  one  or  more  single  site  joint facilities where the general contract for the project  shall  have  been awarded  on  or after July first, nineteen hundred ninety-three, and the project and joint agreement shall have been approved by the commissioner and, for participating school districts in which the  school  budget  is subject  to voter approval, the joint agreement has been approved by the voters of the district, the lead district  shall  be  eligible  for  the product  of such base year approved expenditures for capital outlays for school building purposes, multiplied by the sum of (i) the  product  for each of the participating districts of the district's aid ratio computed for  such  expenditures  pursuant  to  the  provisions of paragraph c of subdivision six of  section  thirty-six  hundred  two  of  this  article multiplied by the district's share of the use of the facility, plus (ii) the  incentive  decimal, if any, calculated pursuant to subparagraph two of paragraph b of such subdivision six.  (5) Notwithstanding any other provisions of law to the  contrary,  the amounts  payable  pursuant  to  this paragraph shall be certified by the  commissioner in accordance with section sixteen hundred eighty-nine-f of the public authorities law and shall be paid to school districts by  the dormitory  authority  of  the  state  of  New  York,  within the amounts appropriated  for  such  purpose,  from  the proceeds of bonds and notes issued pursuant to such  section  sixteen  hundred  eighty-nine-f.  Such payment shall fulfill any obligation of the state or the commissioner to apportion  funds  pursuant  to  this  paragraph,  and  whenever a school district has been apportioned more money pursuant to this paragraph than that to which it is entitled, the commissioner may  deduct  such  amount from the next apportionment to be made to such school district.   b. Excess capital outlay transition grants. (1) For aid payable in the two  thousand  three--two  thousand  four  school year, the commissioner shall, within the amounts appropriated for such purpose, provide  grants to  school  districts  in the amount of any excess of the product of the amount of such school district's approved expenditures incurred  in  the two  thousand  one--two thousand two school year for capital outlays for school building purposes  determined  pursuant  to  subdivision  six  of section  thirty-six  hundred  two of this article from its general fund, capital fund or from a reserve fund, multiplied by the sum  of  the  aid ratio  selected  for  use  in  the  two thousand two--two thousand three school  year  for  such  expenditures  pursuant  to  the  provisions  of paragraph c of subdivision six of section thirty-six hundred two of this article,  plus  the  incentive  decimal,  if any, calculated for the two thousand two--two thousand three school year  pursuant  to  subparagraph two  of paragraph b of such subdivision six, provided that the amount of reimbursement attributable to approved expenditures for capital  outlays for  joint  facilities shall be determined pursuant to subparagraph four of paragraph a of this subdivision, based on data on file on  the  first business   day  of  September,  two  thousand  three,  over  the  amount reimbursed  as  capital  outlay  transition  grants  pursuant   to   the provisions of paragraph a of this subdivision.  (2)  A  school  district  which  was  eligible for a grant pursuant to paragraph a of this subdivision and where the product of the  amount  of such  school  district's  approved  expenditures  incurred  in  the  two thousand one--two thousand two  school  year  for  capital  outlays  for school  building  purposes  determined  pursuant  to  subdivision six of section thirty-six hundred two of this article from  its  general  fund, capital  fund  or  from a reserve fund, multiplied by the sum of the aid ratio selected for use in  the  two  thousand  two--two  thousand  three school  year  for  such  expenditures  pursuant  to  the  provisions  of paragraph c of subdivision six of section thirty-six hundred two of this article, plus the incentive decimal, if  any,  calculated  for  the  two thousand  two--two  thousand  three school year pursuant to subparagraph two of paragraph b of such subdivision six, provided that the amount  of reimbursement  attributable to approved expenditures for capital outlays for joint facilities shall be determined pursuant to  subparagraph  four of  paragraph  a  of  this  subdivision,  is  in excess of the amount it received under paragraph a of this  subdivision  shall  be  eligible  to apply   for  a  grant  pursuant  to  this  subdivision  in  lieu  of  an apportionment  of  aid  for  such  approved  expenditures  pursuant   to subdivision  six  of  section  thirty-six  hundred  two of this article. Application for such grant shall be made on or before the first business day of September, two thousand three in such form  as  the  commissioner shall  determine,  and  shall  include  documentation of actual approved expenditures for capital outlays incurred in the two  thousand  one--two thousand two school year.  (3) Notwithstanding any other provision of law to the contrary, grants awarded   pursuant  to  this  paragraph  shall  be  payable  from  funds  appropriated for such purpose and shall  be  apportioned  in  accordance with the payment schedule contained in section thirty-six hundred nine-a of this article.   c.  Notwithstanding  any  other  provision  of  law  to  the contrary, approved expenditures for capital outlays incurred in the  two  thousand one--two  thousand  two  school  year  shall  not  be  eligible  for  an apportionment pursuant to subdivision six of section thirty-six  hundred two  of this article, provided that nothing in this subdivision shall be construed  to  limit  the  eligibility  of   a   school   district   for reorganization  incentive  building  aid  in  the  two thousand two--two thousand three school year based on computations pursuant to subdivision six of section thirty-six hundred  two  of  this  article.  Expenditures incurred  for  lease  or  other  annual payments under the provisions of section four hundred three-b, subdivision eight of  section  twenty-five hundred   three  or  subdivision  six  of  section  twenty-five  hundred fifty-four of this chapter, other than payments under  a  lease-purchase agreement  or an equivalent agreement, and expenditures aidable pursuant to subdivisions six-c, six-d, or six-e of section thirty-six hundred two of this article, shall not be deemed capital outlay for purposes of this subdivision.   13.  Transportation  capital  expense  transition   grants.   a.   The commissioner shall, upon application therefor, certify to the authorized issuer  established  pursuant to subdivision (b) of section sixty-one of the  chapter  of  the  laws  of  two  thousand  four  which  added  this subdivision  the  amounts to be awarded as grants to school districts in the  two  thousand  four--two  thousand  five  state  fiscal  year   for reimbursement  of  approved  expenses  for  transportation capital, debt service and leases for the two thousand three--two thousand four  school year,  as calculated pursuant to subdivision seven of section thirty-six hundred two of this article and this subdivision.   b.  School  districts  which  would  have   been   eligible   for   an apportionment   for  base  year  approved  expenses  for  transportation capital, debt service and leases,  as  defined  in  subdivision  two  of section  thirty-six  hundred twenty-three-a of this article, pursuant to subdivision seven of section thirty-six hundred two of this  article  in the   two  thousand  four--two  thousand  five  school  year  under  the provisions of such subdivision seven  in  effect  in  the  two  thousand three--two  thousand  four  school year shall be eligible to apply for a grant pursuant to this paragraph in lieu of an apportionment of aid  for such   approved  expenses  pursuant  to  subdivision  seven  of  section thirty-six hundred two of this article.    Application  for  such  grant shall  be  made  on  or  before  the first business day of November, two thousand four in such form as  the  commissioner  shall  determine,  and shall  include  documentation of actual approved transportation capital, debt  service  and/or  lease  expense  incurred  in  the  two   thousand three--two  thousand  four school year or that would otherwise have been eligible for an apportionment in the  two  thousand  four--two  thousand five  school  year  pursuant  to subdivision seven of section thirty-six hundred two of this article as it existed in the two thousand three--two thousand four school year.   c. Upon approval of such application by the commissioner, the district shall be eligible for a grant in an amount equal  to  the  apportionment computed pursuant to subdivision seven of section thirty-six hundred two of  this  article  on  its approved expenses for transportation capital, debt service and leases, as if such expenses  continued  to  be  aidable under   such   subdivision  seven,  based  on  data  on  file  with  the commissioner as of November first, two thousand four.    d. Notwithstanding any other provisions of law to  the  contrary,  the amounts  payable  pursuant  to  this paragraph shall be certified by the commissioner in accordance with section sixty-one of the chapter of  the laws of two thousand four which added this subdivision and shall be paid to  school  districts  by  the authorized issuer established pursuant to subdivision (b) of section fifty-four of the chapter of the laws of  two thousand  four  which  added this subdivision from the proceeds of bonds and notes issued pursuant to such section thirty-six. Such payment shall fulfill any obligation of the state or  the  commissioner  to  apportion funds  pursuant  to  this  paragraph  or  subdivision  seven  of section thirty-six hundred  two  of  this  article  for  approved  expenses  for transportation  capital,  debt  service or leases, and whenever a school district has been apportioned more money pursuant to this paragraph than that to which it is entitled, the commissioner may  deduct  such  amount from the next apportionment to be made to such school district.   14.  Expanding  our  children's  education  and  learning  (EXCEL)  a. Establishment of the EXCEL program.  There  is  hereby  established  the expanding  our  children's  education  and  learning  (EXCEL) program to provide project financing  or  assistance  in  the  form  of  grants  to eligible   school  districts,  in  addition  to,  or  in  lieu  of,  the apportionments made pursuant to subdivisions six, six-a,  six-b,  six-c, six-d,  six-e,  six-f and paragraph c of subdivision fourteen of section thirty-six hundred two of this article, and subdivisions ten and  twelve of  this  section,  for  the costs of EXCEL school facility projects. An apportionment for any such project shall initially be available  in  the state   fiscal   year   commencing   April   first,  two  thousand  six. Notwithstanding any provision of law  to  the  contrary,  the  dormitory authority of the state of New York shall be authorized to issue bonds or notes  in  an  aggregate  amount  not  to exceed two billion six hundred million dollars for purposes of the EXCEL program.   b. Definitions. The following terms, whenever used or referred  to  in this subdivision, unless the context indicates otherwise, shall have the following meanings:  (1)  "EXCEL  project".  An  EXCEL  project  shall  include, but not be limited   to,   the   acquisition,   design,   planning,   construction, reconstruction,  rehabilitation,  preservation, development, improvement or modernization of an EXCEL school facility, where such project:  (i) is (a) for a school district other than the city  school  district of  the  city of New York, a construction project that has been reviewed by the department and approved by  the  commissioner  pursuant  to  this subdivision,  where a certification that a general construction contract had been awarded for such project by or on behalf of  the  district  was not on file with the commissioner as of April first, two thousand six or (b)  for  the  city  school  district of the city of New York, a project which is listed and contained in the five year capital plan,  which  has been  approved  and  adopted  by  the  city  council pursuant to section twenty-five hundred ninety-p of this chapter, for the two thousand  five through  two  thousand nine fiscal years, and provided that such project must commence, as close as practicable, according to  the  schedule  set forth  in the five year capital plan as amended and approved by the city council as of July, two thousand five, and  (ii) falls within one or more of the following categories:  (a) An education technology  project  which,  as  a  primary  purpose, enhances   the   use   of  technology  including  but  not  limited  to, instructional content with video streaming, electrical upgrades, wiring, cabling installations, internet  connections,  fiber  optics,  conduits, raceways,  telecommunication  systems, hardware, electronic commerce and wireless options;  (b) A health and safety project which, as a primary purpose, addresses the reduction or elimination of the risk of personal injury or  harm  to occupants  of  public  school  buildings used primarily for instruction, including but not limited to environmental remediation, the  eradication of   fire  and  health  code  violations,  the  provisions  of  adequate ventilation  including  heating,  ventilation   and   air   conditioning equipment, and the rehabilitation and repair of existing facilities;  (c)  An  accessibility  project  which, as a primary purpose, enhances accessibility to public school buildings used primarily for  instruction for individuals with disabilities;  (d)  A  physical  capacity  expansion  project  or school construction project which,  as  a  primary  purpose,  expands  the  availability  of adequate and appropriate instructional space in a public school building used  primarily for instruction, including but not limited to expansions which provide for reduced class size and science laboratories; and  (e) An energy project which, as  a  primary  purpose,  reduces  energy costs and/or energy consumption.  (2)  "EXCEL  school  facility". An EXCEL school facility shall mean an existing or proposed facility or other property real and  personal,  and other  appurtenances  thereto  to  be  utilized by a school district for education purposes.  (3) "Eligible project costs". Eligible project costs, for purposes  of the  EXCEL  program  shall  mean  any expenditures for an EXCEL project, where  such  project  is  eligible  for  an  apportionment  pursuant  to subdivisions  six, six-a, six-b, six-f and/or paragraph c of subdivision fourteen of section thirty-six hundred two of this article.  (4) "Eligible school district" means a  school  district  eligible  to receive  an  apportionment  in lieu of operating aid in the two thousand six--two thousand seven school year,  apportioned  pursuant  to  section thirty-six  hundred  two  of  this  article,  or  eligible to receive an apportionment of total foundation aid in  the  two  thousand  seven--two thousand  eight  school  year  and  thereafter, pursuant to such section thirty-six hundred two of this article.  (5) "Maximum additional apportionment" means the sum of the  following amounts:  (i) For an eligible school district that is eligible for the high-need supplemental building aid ratio pursuant to the provisions of clause (c) of  subparagraph  two  of  paragraph  c  of  subdivision  six of section thirty-six hundred two  of  this  article,  other  than  a  city  school district  in  a  city  having a population of one million inhabitants or more, an amount equal to the  product  of  seven  hundred  seventy-eight dollars  and  twenty-two cents ($778.22) multiplied by the public school district enrollment of  the  district  in  the  two  thousand  five--two thousand  six  school  year, as computed pursuant to subparagraph two of paragraph n of subdivision one of section thirty-six hundred two of this article as based on data on file for the  school  aid  computer  listing produced  by  the  commissioner in support of the enacted budget for the two thousand six--two thousand seven school year and entitled "SA060-7".  (ii) For any other eligible school district, other than a city  school district  in  a  city  having a population of one million inhabitants or more, an amount equal to the product of three hundred twenty dollars and forty-six cents ($320.46)  multiplied  by  the  public  school  district enrollment  of  the  district in the two thousand five--two thousand six school year, as computed pursuant to subparagraph two of paragraph n  of subdivision  one  of  section  thirty-six hundred two of this article as based on data on file for the school aid computer  listing  produced  by the  commissioner  of education in support of the enacted budget for the two thousand six--two thousand seven school year and entitled "SA060-7".  (iii) For an  eligible  city  school  district  in  a  city  having  a population  of one million inhabitants or more one billion eight hundred million dollars.   c.   EXCEL   apportionment.   (1)   EXCEL   apportionment  for  school enhancement.  Funds in an aggregate amount not to exceed  eight  hundred million  dollars  shall  be  available  for  grants  to  eligible school districts other  than  a  city  school  district  in  a  city  having  a population  of  one  million  inhabitants  or more. Each eligible school district which has an EXCEL project or projects shall be entitled  to  a grant or grants for such project or projects in an amount whether in the aggregate   or   otherwise,   not   to  exceed  the  maximum  additional apportionment calculated for such school district. The  amount  of  such maximum  additional  apportionment not expended, disbursed or encumbered for any such year shall be carried over for expenditure and disbursement to  the  next  succeeding   school   year.   Such   maximum   additional apportionment may be used, at the option of the school district, in lieu of,   or   to  supplement,  the  apportionments  available  pursuant  to subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph c of subdivision fourteen of section  thirty-six  hundred  two  of  this article,  and subdivisions ten and twelve of this section, provided that the total  of  such  apportionments  less  any  semiannual  payments  of interest  computed  pursuant  to  subparagraph  three  of paragraph e of subdivision six of section thirty-six hundred two of this  article  plus the  grant  payable  pursuant  to this subdivision for the total project costs of any EXCEL project shall not exceed such  total  project  costs, provided  further  that  where the school district opts to use the EXCEL apportionment provided pursuant to this subdivision  to  supplement  the apportionments   payable   for   approved   project  costs  pursuant  to subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph c of subdivision fourteen of section  thirty-six  hundred  two  of  this article,  and  subdivisions  ten  and twelve of this section, such EXCEL apportionment shall not otherwise reduce such apportionments.  Except as authorized in this paragraph, expenditures from the  maximum  additional apportionment shall not be eligible for aid under any other provision of this chapter.  (2)  EXCEL  apportionment for city facilities enhancement. Funds in an aggregate amount not to exceed one billion eight hundred million dollars shall be available for grants to a city school district in a city having a population of one million inhabitants or more.  Such  school  district shall  be  entitled  to  a  grant  or  grants  for each EXCEL project or projects in an amount whether in the  aggregate  or  otherwise,  not  to exceed  the  maximum additional apportionment calculated for such school district. The  amount  of  such  maximum  additional  apportionment  not expended,  disbursed  or  encumbered  for any such year shall be carried over for expenditure and disbursement  to  the  next  succeeding  school year.  Such  maximum additional apportionment may be used, at the option of the school district, in lieu of, or to supplement, the apportionments available pursuant to subdivisions  six,  six-a,  six-b,  six-c,  six-d, six-e,  six-f  and  paragraph  c  of  subdivision  fourteen  of  section thirty-six hundred two of this article, and subdivisions ten and  twelve of this section, provided that the total of such apportionments less any semiannual payments of interest computed pursuant to subparagraph two of paragraph e of subdivision six of section thirty-six hundred two of this article  plus  the  grant  payable  pursuant to this subdivision for the total project costs of any EXCEL project shall  not  exceed  such  total project  costs,  provided further that where the school district opts to use the EXCEL apportionment provided pursuant  to  this  subdivision  to supplement   the  apportionments  payable  for  approved  project  costs  pursuant to subdivisions six, six-a, six-b, six-c, six-d,  six-e,  six-f and  paragraph  c  of subdivision fourteen of section thirty-six hundred two of this article, and subdivisions ten and twelve  of  this  section, such EXCEL apportionment shall not otherwise reduce such apportionments. Except  as  authorized  in this paragraph, expenditures from the maximum additional apportionment shall not be eligible for aid under  any  other provision of this chapter.  (3)  The commissioner shall, upon application therefor in such form as the commissioner may require, determine the amounts  to  be  awarded  as grants  to  school districts as calculated pursuant to this subdivision. The amounts determined pursuant to this subdivision shall  be  certified by  the  commissioner  in  accordance  with  subdivision  six of section sixteen hundred eighty-nine-i of the public authorities  law.  Upon  the issuance  of  bonds  by the dormitory authority of the state of New York pursuant to such section sixteen hundred eighty-nine-i, the  amounts  of money  so  certified  shall be paid to school districts by the dormitory authority from the proceeds of such bonds, provided, however,  that  the payment  schedule set forth in subdivision one of this section shall not apply to such payments. Such payment shall fulfill any obligation of the state  or  the  commissioner  to  apportion  funds  pursuant   to   this subdivision,  and  whenever  a school district has been apportioned more money pursuant to this subdivision than that to which  it  is  entitled, the  commissioner  may deduct such amount from the next apportionment to be made to such school district.   15. Annual professional performance reviews transition grants. a.  For the  two thousand eleven--two thousand twelve school year and/or the two thousand twelve--two thousand thirteen school year provided, if a school district has submitted a plan pursuant to paragraph k of subdivision two of  section  three  thousand  twelve-c  of  this  chapter  before   June thirtieth, two thousand twelve and the commissioner finds that such plan does  not  meet  the  requirements of section three thousand twelve-c of this chapter under paragraph k  of  subdivision  two  of  section  three thousand twelve-c of this chapter, and that the cost of implementing the locally-developed components of an approved plan pursuant to paragraph k of  subdivision  two  of section three thousand twelve-c of this chapter are more  costly  than  the  plan  that  is  originally  submitted,  the commissioner  is  authorized  to  award  annual professional performance reviews transition grants to eligible school districts pursuant to  this subdivision.   b.  Prior to the submission of the plan for approval under paragraph k of subdivision two of section three thousand twelve-c of this chapter  a school  district may submit for review to the commissioner prior to June thirtieth, two thousand twelve locally developed components to meet  the requirements  of section three thousand twelve-c of this chapter for the two thousand eleven--two thousand twelve  school  year  and/or  the  two thousand  twelve--two  thousand  thirteen school year. A school district shall have the authority to submit locally developed components  to  the commissioner   only   if   successfully  determined  through  collective bargaining. The commissioner shall have the discretion and authority  to review  such  locally  developed  components  and  in  such cases if the commissioner determines that changes to the submitted locally  developed components  are  necessary  to  meet  the  requirements of section three thousand  twelve-c  of  this  chapter  and  further   the   commissioner determines  such  changes  are  more  costly  than the locally developed components originally submitted under this paragraph,  the  commissioner is   authorized   to   award  annual  professional  performance  reviews transition  grants  to  eligible  school  districts  pursuant  to   this  subdivision  upon  final  approval  of  the  plan  under  paragraph k of subdivision two of section three thousand twelve-c of this chapter.   c.  The  school  district  may  provide  a schedule of such additional expenses, if any, on a form prescribed by the  commissioner,  that  were necessarily  incurred  by  the school district in order to implement the specific requirements of the  commissioner  contained  in  the  approved plan.  The  commissioner  shall  have  the  discretion  and authority to approve or disapprove such expenses from such schedule for grants  under this  subdivision. The commissioner may require supporting documentation from the school district in order  to  determine  whether  or  not  such additional   expenses   were   valid,   reasonable,   and  essential  to implementing the  specific  requirements  of  the  commissioner  and  to determine  whether  or  not  such  claim,  or any part of such claim, be approved. The commissioner may also consider the  manner  in  which  the components  of the plan were developed and if such requirements were not met as a result of a lack of good faith.   d. Approved additional expenses for  annual  professional  performance reviews  transition  grants  pursuant  to  this  subdivision for the two thousand twelve--two thousand thirteen school year shall continue to  be eligible for reimbursement. Such approved expenses shall be eligible for payment on or after September first following the end of the school year in which such expenses were approved. In the event the appropriation for purposes  of  this  subdivision  in  any year is insufficient to pay all approved claims pursuant to this subdivision, the commissioner shall pay such claims on a prorated basis among all districts filing  such  claims until  the appropriation is exhausted. The commissioner shall promulgate rules and regulations necessary to  implement  the  provisions  of  this subdivision  within  sixty  days of the effective date of the chapter of the laws of two thousand thirteen that amended this paragraph.   16.  Implementation  of  the  smart  schools  bond  act  of  2014.  a. Definitions.  The  following terms, whenever used or referred to in this subdivision, unless the context  indicates  otherwise,  shall  have  the following meanings:  (1) "Bonds" shall mean general obligation bonds issued pursuant to the "smart  schools  bond act of 2014" in accordance with article VII of the New York state constitution and article five of the state finance law.  (2) "Smart schools review board" shall mean a body  comprised  of  the chancellor  of  the  state  university  of New York, the director of the budget, and the commissioner, or their respective designees.  (3) "Smart schools investment plan" shall mean a document prepared  by a school district setting forth the smart schools project or projects to be undertaken with such district's smart schools allocation.  (4)  "Smart schools project" shall mean a capital project as set forth and  defined  in  subparagraphs  five,  six,  seven  or  eight  of  this paragraph.  (5)   "Pre-kindergarten   or   transportable   classroom   unit  (TCU) replacement project" shall mean a capital project which,  as  a  primary purpose,   expands   the   availability   of  adequate  and  appropriate instructional space for pre-kindergarten or provides for  the  expansion or  construction  of  adequate  and  appropriate  instructional space to replace TCUs.  (6) "Community connectivity project"  shall  mean  a  capital  project which,  as  a  primary purpose, expands high-speed broadband or wireless internet connectivity in the local community, including school buildings and campuses, for enhanced educational opportunity in the state.  (7) "Classroom technology project" shall mean  a  capital  project  to expand high-speed broadband or wireless internet connectivity solely for school  buildings  and  campuses,  or  to  acquire  learning  technology  hardware for schools, classrooms, and student  use,  including  but  not limited  to  whiteboards,  computer  servers,  desktop computers, laptop computers, and tablet computers.  (8)  "School  safety  and  security  technology  project" shall mean a capital  project  to  install  high-tech  security  features  in  school buildings  and  on  school  campuses, including but not limited to video surveillance,  emergency  notification  systems  and   physical   access controls, for enhanced educational opportunity in the state.  (9)  "Selected school aid" shall mean the sum of the amounts set forth as  "FOUNDATION  AID",  "FULL  DAY  K  CONVERSION",  "BOCES",   "SPECIAL SERVICES",  "HIGH  COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & TECHNOLOGY",  "SOFTWARE,  LIBRARY,   TEXTBOOK",   "TRANSPORTATION   INCL SUMMER",  "OPERATING  REORG  INCENTIVE",  "CHARTER SCHOOL TRANSITIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX AID",  and  "SUPPLEMENTAL  PUB  EXCESS COST"  under  the  heading  "2013-14  BASE  YEAR AIDS" in the school aid computer  listing  produced  by  the  commissioner  in  support  of  the executive  budget  proposal for the two thousand fourteen-fifteen school year.  (10) "Smart schools allocation" shall mean, for each school  district, the  product  of  (i) two billion dollars ($2,000,000,000) multiplied by (ii) the quotient of such school district's selected school aid  divided by the total selected school aid to all school districts.   b.  Smart schools investment plans. (1) The smart schools review board shall issue guidelines setting forth required components and eligibility criteria for smart schools investment plans to be  submitted  by  school districts.  Such  guidelines  shall include but not be limited to: (i) a timeline for school district  submission  of  smart  schools  investment plans;  (ii) any requirements for the use of available state procurement options where applicable; (iii) any  limitations  on  the  amount  of  a district's  smart  schools allocation that may be used for assets with a short probable life; and  (iv)  the  loan  of  smart  schools  classroom technology pursuant to section seven hundred fifty-five of this chapter.  (2)  No  school  district  shall  be entitled to a smart schools grant until such district shall have submitted a smart schools investment plan to the smart schools review board and received such board's approval  of such  investment  plan.  In  developing  such  investment  plan,  school districts shall consult  with  parents,  teachers,  students,  community members and other stakeholders.  (3)  The  smart  schools  review  board shall review all smart schools investment plans for compliance with all eligibility criteria and  other requirements set forth in the guidelines. The smart schools review board may approve or reject such plans, or may return such plans to the school district   for   modifications;   provided   that   notwithstanding  any inconsistent provision of law, the  smart  schools  review  board  shall approve no such plan first submitted to the department on or after April fifteenth,  two  thousand  seventeen,  unless  such  plan calculates the amount of classroom  technology  to  be  loaned  to  students  attending nonpublic  schools  pursuant to section seven hundred fifty-five of this chapter in a manner that includes the  amount  budgeted  by  the  school district   for  servers,  wireless  access  points  and  other  portable connectivity devices to be acquired as part  of  a  school  connectivity project.  Upon approval, the smart schools project or projects described in the investment plan shall be eligible for  smart  schools  grants.  A smart  schools  project  included  in  a school district's smart schools investment plan shall not require separate approval of the  commissioner unless  it  is  part  of  a  school  construction project required to be submitted for approval of the  commissioner  pursuant  to  section  four hundred  eight  of  this  chapter  and/or  subdivision  six  of  section  thirty-six hundred two of this article. Any department, agency or public authority  shall  provide  the  smart  schools  review  board  with  any information   it  requires  to  fulfill  its  duties  pursuant  to  this subdivision.  (4)  Any  amendments or supplements to a smart schools investment plan shall be submitted to the smart schools review board for  approval,  and shall not take effect until such approval is granted.   c.  Expenditure  of  money.  (1)  Smart  schools  grants.  Each school district which has an approved smart schools investment plan including a smart schools project or projects shall be entitled to a grant or grants for the smart schools project or projects included therein in an amount, whether in the aggregate or otherwise, not to exceed the  smart  schools allocation  calculated  for  such  school  district.  The amount of such allocation not expended, disbursed or encumbered  for  any  school  year shall  be  carried  over  for  expenditure  and disbursement to the next succeeding school year. Expenditures from the smart  schools  allocation shall not be eligible for aid under any other provision of this chapter.  (2)  The amounts determined pursuant to this subdivision to be paid to school districts shall be certified by the  commissioner  in  accordance with this subdivision. If, upon the option of a school district, a smart schools  investment  plan  directs  that  an  amount  be  transferred or suballocated to a department, agency, or public authority to be spent on behalf of the school district, such  amounts  shall  be  transferred  or suballocated,  consistent  with  such  plan,  upon  the  approval of the director of the budget. The  amounts  of  money  so  certified  or  made available   shall   be  paid  by  the  comptroller  in  accordance  with appropriations therefor, provided, however, that  the  payment  schedule set  forth  in  subdivision  one of this section shall not apply to such payments. Such payment shall fulfill any obligation of the state or  the commissioner  to  apportion  funds  pursuant  to  this  subdivision, and whenever a school district has been apportioned more money  pursuant  to this subdivision than that to which it is entitled, the commissioner may deduct such amount from the next apportionment to be made to such school district.   d.  Consistency  with  federal  tax law. All actions taken pursuant to this subdivision shall be reviewed for consistency  with  provisions  of the  federal  internal  revenue  code  and  regulations  thereunder,  in accordance with procedures established in connection with  the  issuance of  any  tax  exempt bonds pursuant to this subdivision, to preserve the tax exempt status of such bonds.   e. Compliance with other law. Every recipient  of  funds  to  be  made available  pursuant to this subdivision shall comply with all applicable state, federal and local laws.   17. Learning loss grants. a.  For  the  two  thousand  twenty-one--two thousand twenty-two school year, eligible school districts shall receive grants in aid equal to the positive difference, if any, of the base ARPA allocation  less  ninety  percent  of  the funds from the elementary and secondary  school  emergency  relief  fund  made  available  to   school districts  pursuant  to  the  American  rescue  plan  act of 2021, (P.L. 117-2), but not less than seven hundred thousand dollars ($700,000), and not more than ten million dollars ($10,000,000) or ten percent (0.1)  of the  total  expenditures  from  the  district's general fund for the two thousand twenty--two thousand twenty-one school year, whichever is less. School districts where the base ARPA allocation is less than or equal to ninety percent of the funds from the  elementary  and  secondary  school emergency relief fund made available to school districts pursuant to the American  rescue  plan  act  of  2021,  shall  not be eligible for these  grants. Such grant funds shall remain available for obligation  by  such school districts until the deadline therefor prescribed in federal law.   b.  The  "base  ARPA  allocation" shall be equal to the product of the adjusted  per  pupil  amount  multiplied  by  public   school   district enrollment  for  the  base  year  as computed pursuant to paragraph n of subdivision one of section thirty-six hundred two of this  article.  The "adjusted  per  pupil amount" shall be equal to the product of: (1) four thousand five hundred fifty dollars and  twenty-six  cents  ($4,550.26); multiplied  by  (2)  the  regional cost index calculated in two thousand eighteen, reflecting an analysis of labor market costs based  on  median salaries in professional occupations that require similar credentials to those  of  positions  in  the  education  field, but not including those occupations in the education field; multiplied by (3)  the  modified  EN index; and multiplied by (4) the learning loss wealth factor.  (1)  For purposes of this paragraph, the "learning loss wealth factor" shall be equal to the  positive  difference,  if  any,  of  seventy-five hundredths  (0.75)  less  half  of  the  combined  wealth ratio computed pursuant to subparagraph one of paragraph  c  of  subdivision  three  of section thirty-six hundred two of this article.  (2)  For  purposes of this paragraph, the "modified EN index" shall be equal to the modified  EN  percent  divided  by  the  statewide  average modified  EN percent, provided that for the two thousand twenty-one--two thousand twenty-two school  year,  the  statewide  average  modified  EN percent  shall  be  equal  to  five  thousand  five  hundred  sixty-five ten-thousandths (0.5565).  (3) For purposes of this paragraph, the "modified EN percent" shall be equal to the  modified  EN  count  divided  by  public  school  district enrollment  for  the  base  year  computed  pursuant  to  paragraph n of subdivision one of section thirty-six hundred two of this article.  (4) For purposes of this paragraph,  the  "modified  EN  count"  shall equal  the  sum  of (A) the product of fifty percent (0.5) multiplied by the English language learner count computed pursuant to paragraph  o  of subdivision  one of section thirty-six hundred two of this article, plus (B) the sparsity count computed pursuant to paragraph r  of  subdivision one  of  section  thirty-six  hundred  two of this article, plus (C) the product of sixty-five hundredths (0.65)  multiplied  by  the  three-year average small area income and poverty estimate rate computed pursuant to paragraph  mm  of  subdivision  one of section thirty-six hundred two of this article and multiplied further by public school district enrollment for the base year as computed pursuant to paragraph n of subdivision one of section thirty-six hundred two of this article, plus (D) the  product of  sixty-five  hundredths  (0.65)  multiplied by the three-year average economically disadvantaged rate defined  pursuant  to  paragraph  ll  of subdivision  one  of  section thirty-six hundred two of this article and multiplied further by public school district  enrollment  for  the  base year  as  computed pursuant to paragraph n of subdivision one of section thirty-six hundred two of this article.   c. Districts receiving learning loss grants shall  use:  (1)  fourteen and  two hundred eighty-six thousandths percent (0.14286) of such grants for implementation of evidence-based  summer  enrichment  programs;  (2) fourteen  and  two  hundred eighty-six thousandths percent (0.14286) for implementation of evidence-based comprehensive afterschool programs; and (3) the remaining funds for  activities  to  address  learning  loss  by supporting  the  implementation of evidence-based interventions, such as summer  learning  or  summer  enrichment,  extended  day,  comprehensive afterschool programs, or extended school year programs. School districts shall  ensure  that  such  interventions  respond to students' academic, social, and emotional needs and address the disproportionate  impact  of  the  coronavirus  on  low-income  students,  children with disabilities, English learners, migrant students, students experiencing  homelessness, and children in foster care.