NY Educ L § 305 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 7 - Commissioner of Education 305 - General Powers and Duties.

§  305.  General  powers  and duties. The commissioner of education is hereby charged with the following powers and duties:   1. He is the chief executive officer of the state system of  education and  of  the  board of regents. He shall enforce all general and special laws relating to the educational system of the  state  and  execute  all educational policies determined upon by the board of regents.   2. He shall have general supervision over all schools and institutions which  are  subject to the provisions of this chapter, or of any statute relating to education, and shall cause  the  same  to  be  examined  and inspected,  and  shall  advise  and  guide  the  school  officers of all districts and cities of the state in relation to their  duties  and  the general  management of the schools under their control. Additionally, he shall cause to be prepared and distributed to  school  officers  of  all districts, nonpublic schools and cities of the state timely notice as to alternate  sources of funding for specific programs or purposes such as, but not limited to, grants to be awarded on  the  basis  of  competitive proposals  by  state  or  federal  agencies  or from an approved private source. Such notice shall include information as to proposal  submission deadlines,  eligibility  standards  and  other  relevant  information to assist school officers in making application for such alternate  sources of  funding.  The  commissioner  shall  not  be  liable  for any damages resulting from failure to give notice under this subdivision.   3. He shall have general  supervision  of  industrial  schools,  trade schools  and  schools  of agriculture, mechanic arts and home making; he shall prescribe regulations governing  the  licensing  of  the  teachers employed therein; and he is hereby authorized, empowered and directed to provide  for the inspection of such schools, to take necessary action to make effectual the provisions therefor, and to advise and assist  boards of  education  in  the  several  cities  and  school  districts  in  the establishment, organization and management of such schools.   4. He shall also have general  supervision  over  the  state  teachers colleges  and  state colleges for teachers which have been, or which may hereafter be, established as required by the provisions of this chapter.   5. He shall be ex officio a trustee of Cornell university.   6. He shall be responsible for the safe keeping and proper use of  the department  and  university  seal  and  of  the books, records and other property in charge of the regents, and for the proper administration and discipline of the  various  officers  and  divisions  of  the  education department.   7.  The  commissioner  may  annul  upon  cause  shown  to  his  or her satisfaction any certificate of qualification granted to  a  teacher  by any authority whatever or declare any diploma issued by a state teachers college  and  state  colleges  for  teachers  ineffective  and null as a qualification to teach a  public  school  within  this  state,  and  the commissioner  may  reconsider  and reverse his or her action in any such matter. In a proceeding brought pursuant to this subdivision on  charges against  a  certified teacher, the commissioner shall also be authorized to impose as a penalty:   a. suspension of a teaching certificate or license:  (1) wholly for a fixed period of time; or  (2) partially, until the teacher successfully completes  a  course  of retraining in the area to which the suspension applies; or  (3)  wholly,  until  the  teacher  successfully  completes a course of therapy or treatment;   b.  limitation  of  the  scope  of  a  teaching  certificate   through revocation of an extension to teach additional subjects or grades;   c. a fine not to exceed five thousand dollars; or    d.  a  requirement  that  the  teacher  pursue  a course of continuing education or training.   The  attorney general shall, at the request of the commissioner or the director of the division of the budget, bring an action in the  name  of the  people  of  the  state  of New York to enforce and collect any fine imposed pursuant to this subdivision. In any such action,  the  findings and  determination  of  the  hearing  officer or hearing panel or of the commissioner shall be admissible evidence and shall be conclusive  proof of  the  violation  and  the  penalty  assessed.  For  purposes  of this subdivision, the term "teacher" shall  mean  any  professional  educator holding  a teaching certificate or license, including but not limited to a  classroom  teacher,  teaching  assistant,  pupil  personnel  services professional,  school  administrator  or supervisor or superintendent of schools.   7-a. a. In addition to the authority to revoke and annul a certificate of qualification of a  teacher  in  a  proceeding  brought  pursuant  to subdivision seven of this section, the commissioner shall be authorized, and  it shall be his or her duty, to revoke and annul in accordance with this subdivision the teaching certificate of a teacher  convicted  of  a sex  offense  for  which  registration  as  a  sex  offender is required pursuant to article six-C of the correction law or of any other  violent felony offense or offenses committed against a child when such child was the intended victim of such offense.   b.  As  used  in  this subdivision, the following terms shall have the following meanings:  (1) "conviction" means any conviction whether by  plea  of  guilty  or nolo contendere or from a verdict after trial or otherwise;  (2)  "sex  offense"  means  an offense set forth in subdivision two or three of section  one  hundred  sixty-eight-a  of  the  correction  law, including  an  offense  committed  in  any  jurisdiction  for  which the offender is required to register as a sex offender in New York;  (3) "teacher" means  any  professional  educator  holding  a  teaching certificate as defined in subparagraph four of this paragraph, including but  not  limited  to  a  classroom  teacher,  teaching assistant, pupil personnel services professional, school administrator or  supervisor  or superintendent of schools;  (4)  "teaching  certificate" means the certificate or license or other certificate of qualification granted  to  a  teacher  by  any  authority whatsoever; and  (5)   "violent  felony  offense"  means  any  offense  as  defined  in subdivision one of section 70.02 of the penal law.   c. Upon receipt of a certified  copy  of  a  criminal  history  record showing  that  a  teacher  has  been  convicted  of a sex offense or sex offenses or a violent felony offense or  offenses  committed  against  a child  when  such  child was the intended victim of such offense or upon receipt of notice of such a conviction as provided  in  paragraph  d  of this  subdivision, the commissioner shall automatically revoke and annul the teaching certificate of such teacher without the right to a hearing. The commissioner shall mail  notice  of  the  revocation  and  annulment pursuant   to   this  subdivision  by  certified  mail,  return  receipt requested, and by first-class mail  directed  to  the  teacher  at  such teacher's  last  known address and, if different, the last address filed by the certificate holder with the commissioner  and  to  the  teacher's counsel  of  record in the criminal proceeding as reported in the notice pursuant to paragraph d of this subdivision. Such  notice  shall  inform the  teacher  that his or her certificate has been revoked and annulled, identify the sex offense or sex offenses or violent  felony  offense  or offenses  committed  against  a  child  when such child was the intended  victim of such offense of which the teacher has been convicted and shall set forth the procedure to follow if the teacher denies he or she is the person  who  has  been  so  convicted.  If  such  teacher  notifies  the commissioner  in  writing  within  twenty-five  days  after  the date of receipt of the notice that he or she is  not  the  same  person  as  the convicted  offender  identified  in  the  criminal  record or identified pursuant  to  paragraph  d  of  this  subdivision,  provides  proof   to reasonably  support  such  claim  and  the commissioner is satisfied the proof establishes  such  claim,  the  commissioner  shall,  within  five business  days  of  the  receipt  of  such proof, restore such teacher's teaching  certificate  retroactive  to  the  date  of   revocation   and annulment.   d.  Upon  conviction  of  a  teacher  of a sex offense defined in this subdivision, the district attorney or other  prosecuting  authority  who obtained  such conviction shall provide notice of such conviction to the commissioner identifying the sex offense  or  sex  offenses  or  violent felony offense or offenses committed against a child when such child was the  intended  victim  of  such  offense  of  which the teacher has been convicted, the name and address of such offender and  other  identifying information  prescribed  by  the  commissioner, including the offender's date of birth and social security number, to the extent consistent  with federal and state laws governing personal privacy and confidentiality of information.  Such  notice  shall  also  include  the  name and business address of the offender's counsel of record in the criminal proceeding.   e. Upon receipt of proof  that  the  conviction  or  convictions  that formed  the basis for revocation and annulment of the teacher's teaching certificate pursuant to this subdivision have been set aside upon appeal or otherwise reversed, vacated or annulled, the  commissioner  shall  be required  to conduct a due process hearing pursuant to subdivision seven of this section and part eighty-three of title eight  of  the  New  York codes,  rules  and  regulations  prior  to  making a determination as to whether to reinstate the teacher's original teaching  certificate.  Such determination shall be made within ninety days after such proof has been received.   f.  Except  as  provided  in  paragraph  g  of  this  subdivision, and notwithstanding any other provision of law to the  contrary,  a  teacher shall  be  reinstated  to  his or her position of employment in a public school, with full back pay  and  benefits  from  the  date  his  or  her certificate  was  revoked or annulled to the date of such reinstatement, under the following circumstances:  (i) The termination of employment was based solely on  the  conviction of  a sex offense, or conviction of a violent felony offense or offenses committed against a child when such child was  the  intended  victim  of such  offense  or  the revocation or annulment of a certificate based on such conviction, and such conviction has been set  aside  on  appeal  or otherwise  reversed,  vacated  or  annulled  and  the  commissioner  has reinstated the teacher's certification pursuant to paragraph e  of  this subdivision; or  (ii)  The termination of employment was based solely on the conviction of a sex offense or violent felony offense or offenses committed against a child when such child was the intended victim of such offense  and  it has  been  determined  that  the  teacher  is not the same person as the convicted offender.   g. If  a  teacher's  employment  was  terminated  as  a  result  of  a disciplinary  proceeding  conducted  pursuant  to section three thousand twenty-a  of  this  chapter  or  other  disciplinary  hearing  conducted pursuant to any collective bargaining or contractual agreement on one or more  grounds  other than conviction of a sex offense, or the revocation  or annulment of a certificate based on such conviction, then nothing  in paragraph  f  of  this  subdivision  shall  require a school district to reinstate employment of such teacher  or  be  liable  for  back  pay  or benefits.   h.  No  provision  of  this  article  shall  be deemed to preclude the following: (i) the commissioner from conducting a  due  process  hearing pursuant  to  subdivision seven of this section and part eighty-three of title eight of the New York codes, rules  and  regulations;  or  (ii)  a school   district  or  employing  board  from  bringing  a  disciplinary proceeding pursuant to section three thousand twenty-a or three thousand twenty-b of this chapter; or (iii) a school district or employing  board from  bringing an alternative disciplinary proceeding conducted pursuant to a collective bargaining or contractual agreement.   i. The commissioner shall be authorized to promulgate any  regulations necessary to implement the provisions of this subdivision.   7-b. a. In addition to the authority to revoke and annul a certificate of  qualification  of  a  teacher  in  a  proceeding brought pursuant to subdivisions seven and seven-a of this section, the  commissioner  shall be  authorized,  and it shall be his or her duty, to revoke and annul in accordance  with  this  subdivision  the   certificate   of   a   school administrator  or  supervisor  convicted  of  an  offense  listed  under subparagraph two of paragraph b of this subdivision.   b. As used in this subdivision, the following  terms  shall  have  the following meanings:  (1)  "conviction"  means  any  conviction whether by plea of guilty or nolo contendere or from a verdict after trial or otherwise;  (2) "offense" means defrauding the government as  defined  in  section 195.20  of the penal law, and any such offense in any other jurisdiction which includes all of the elements  of  such  felony  and  for  which  a sentence  to a term of imprisonment in excess of one year was authorized and is authorized in such state, irrespective of whether  such  sentence was imposed;  (3) "school administrator or supervisor" means any professional school district  administrator,  school  administrator or supervisor, or school business administrator holding a certificate as defined in  subparagraph four of this paragraph; and  (4)   "certificate"   means   the  certificate  or  license  or  other certificate of qualification granted to qualify an individual  to  serve as a school administrator or supervisor by any authority whatsoever.   c.  Upon  receipt  of  a  certified  copy of a criminal history record showing that a school administrator or supervisor has been convicted  of an  offense  as  defined  in  subparagraph  two  of  paragraph b of this subdivision or upon receipt of notice of such a conviction  as  provided in paragraph d of this subdivision, the commissioner shall automatically revoke  and  annul  the  certificate  of  such  school  administrator or supervisor without the right to a hearing. The commissioner  shall  mail notice of the revocation pursuant to this subdivision by certified mail, return receipt requested, and by first-class mail directed to the school administrator's  or  supervisor's  last known address and, if different, the last address filed by the certificate holder with  the  commissioner and  to  the school administrator's or supervisor's counsel of record in the criminal proceeding as reported in the notice pursuant to  paragraph d of this subdivision. Such notice shall inform the school administrator or supervisor that his or her certificate has been revoked and annulled, identify the offense of which the school administrator or supervisor has been convicted and shall set forth the procedure to follow if the school administrator  or supervisor denies he or she is the person who has been so convicted. If such school administrator or  supervisor  notifies  the  commissioner  in  writing  within  twenty-five  days  after  the date of receipt of the notice that he or she is  not  the  same  person  as  the convicted  offender  identified  in  the  criminal record, or identified pursuant   to  paragraph  d  of  this  subdivision,  provides  proof  to reasonably support such claim and  the  commissioner  is  satisfied  the proof  establishes  such  claim,  the  commissioner  shall,  within five business days  of  the  receipt  of  such  proof,  restore  such  school administrator's  or supervisor's teaching certificate retroactive to the date of revocation and annulment.   d. Upon conviction of a  school  administrator  or  supervisor  of  an offense  defined in subparagraph two of paragraph b of this subdivision, the district attorney or other prosecuting authority who  obtained  such conviction  shall  provide notice of such conviction to the commissioner identifying the offense of which the school administrator or  supervisor has  been  convicted,  the  name  and address of such offender and other identifying information prescribed by the  commissioner,  including  the offender's  date  of  birth  and  social  security number, to the extent consistent with federal and state laws governing  personal  privacy  and confidentiality   of   information.  Such  district  attorney  or  other prosecuting authority shall include in such notice the name and business address of the offender's counsel of record in the criminal proceeding.   e. Upon receipt of proof  that  the  conviction  or  convictions  that formed   the   basis   for   revocation  and  annulment  of  the  school administrator's or supervisor's certificate pursuant to this subdivision have been set aside  upon  appeal  or  otherwise  reversed,  vacated  or annulled,  the  commissioner  shall be required to conduct a due process hearing  pursuant  to  subdivision  seven  of  this  section  and   part eighty-three of title eight of the New York codes, rules and regulations prior  to  making  a determination as to whether to reinstate the school administrator's or supervisor's original certificate. Such determination shall be made within ninety days after such proof has been received.   f. Except  as  provided  in  paragraph  g  of  this  subdivision,  and notwithstanding  any  other  provision  of law to the contrary, a school administrator or supervisor shall be reinstated to his or  her  position of  employment  in  a public school or public school district, with full back pay and benefits from the date his or her certificate  was  revoked or  annulled  to  the  date  of  such reinstatement, under the following circumstances:  (1) The termination of employment was based solely on  the  conviction of  an  offense  defined  in  subparagraph  two  of  paragraph b of this subdivision, or the revocation or annulment of a  certificate  based  on such  conviction,  and  such  conviction has been set aside on appeal or otherwise  reversed,  vacated  or  annulled  and  the  commissioner  has reinstated  the  school  administrator's  or  supervisor's certification pursuant to paragraph e of this subdivision; or  (2) The termination of employment was based solely on  the  conviction of  an  offense  defined  in  subparagraph  two  of  paragraph b of this subdivision and it has been determined that the school administrator  or supervisor is not the same person as the convicted offender.   g.   If  a  school  administrator's  or  supervisor's  employment  was terminated as a result of a disciplinary proceeding  conducted  pursuant to section three thousand twenty-a of this chapter or other disciplinary hearing  conducted  pursuant to any collective bargaining or contractual agreement on one or more grounds other than  conviction  of  an  offense defined  in  subparagraph two of paragraph b of this subdivision, or the revocation or annulment of a certificate based on such conviction,  then nothing  in  paragraph  f  of  this  subdivision  shall require a school  district to reinstate the employment of  such  school  administrator  or supervisor or be liable for back pay or benefits.   h.  No  provision  of  this  article  shall  be deemed to preclude the following: (1) the commissioner from conducting a  due  process  hearing pursuant  to  subdivision seven of this section and part eighty-three of title eight of the New York codes,  rules  and  regulations;  or  (2)  a school   district  or  employing  board  from  bringing  a  disciplinary proceeding pursuant to section three thousand twenty-a of this  chapter; or (3) a school district or employing board from bringing an alternative disciplinary proceeding conducted pursuant to a collective bargaining or contractual agreement.   i.  The commissioner shall be authorized to promulgate any regulations necessary to implement the provisions of this subdivision.   8. He shall cause to be prepared and keep in his office records of all persons  who  have  received,  or   shall   receive,   certificates   of qualification  to  teach or diplomas of the state teachers colleges, and state colleges for teachers, with the  dates  thereof,  and  shall  note thereon  all annulments of such certificates and diplomas, and reversals thereof, with the dates and causes thereof,  together  with  such  other particulars as he may deem expedient.   9.  The  commissioner  shall  procure  with the consent of the federal authorities complete lists giving the names, ages and destination within the state of all alien children of school age and such  other  facts  as will  tend  to  identify them, and shall deliver copies of such lists to the several boards of education and  school  boards  in  the  respective localities within the state to which said children shall be destined, to aid in the enforcement of the provisions of this chapter relative to the compulsory attendance at school of children of school age.   10.  He may administer oaths and take affidavits concerning any matter relating to the duties of his office or pertaining in  any  way  to  the schools of the state or any part thereof.   11.  He  is  hereby  authorized  to  furnish, by means of pictorial or graphic  representations,  additional  facilities  for  instruction   in geography,  history,  science  and  kindred  subjects,  to  the schools, institutions and organizations under the  supervision  of  the  regents. Material  collected  for this purpose may, under regents' general rules, be lent for a limited time to responsible institutions and organizations for the benefit of artisans, mechanics and other citizens of the several communities of the state. He may from time to time enter into  contracts necessary for carrying out this provision.   12.  The  commissioner  of  education  is  authorized  and directed to establish and provide for the maintenance  and  conduct  of  courses  of study  or  training  in  state  teachers colleges and state colleges for teachers  and  in  colleges  and  universities  and  other   educational institutions  and  in connection with other educational agencies for the purpose of training teachers in principles and methods  of  instruction, and  to  give  them  knowledge  to fit them to instruct foreign born and native  adults  and  minors  over  sixteen  years  of  age  in  evening, extension,  factory,  home  and community classes. Such courses of study shall be prescribed by the commissioner of education and shall  continue for  a period of not less than one year. No teacher employed to instruct foreign born and native adults and minors  over  sixteen  years  of  age shall be employed by the state or compensated in whole or in part by the state,  unless  he shall have completed such course of study or training or  shall  have  an  equivalent  thereof  to  be  determined  under  the regulations  of  the  commissioner  of  education. A special certificate shall be issued to teachers who have completed such course of study or a course of instruction which is equivalent  thereto,  provided,  however,  that temporary permits may be issued by the commissioner of education to teachers  who  are  qualified  to  give  such  instruction  pending  the completion of such a course of study or training.   12-a. The commissioner shall evaluate the effectiveness of all teacher preparation  programs  in  the  state,  and  the  timelines and costs of developing or modifying data systems to collect the necessary data. Such study shall consider measuring the effectiveness of such programs  based on  the academic performance of their students and graduates and through other measures. The commissioner shall consult with the  chancellors  of the  state  university  of New York and the city university of New York, and other representatives of  institutions  of  higher  education.  Upon completion of such study, the commissioner shall make recommendations to the board of regents on implementation of such methodologies.   13.  The  commissioner  of  education  or  the  board  of education or trustees  of  any  city  or  school  district  may   provide   for   the establishment  of  courses  of  instruction  or  study  and  schools  in connection with factories, places of employment, or in such other places as he or they may deem advisable, for the purpose of giving  instruction to  foreign-born  and  native  adults and minors over the age of sixteen years.  Such course of instruction or study shall include instruction in English, history, civics and other  subjects  tending  to  promote  good citizenship  and  to  increase  vocational  efficiency.  Such  course of instruction and  study  shall  be  prescribed  by  the  regents  of  the university  of  the  state  of New York, and shall be in conformity with rules to be adopted by them.   14. a. All contracts for the transportation of  school  children,  all contracts  to maintain school buses owned or leased by a school district that are used for the transportation of school children,  all  contracts for  mobile  instructional units, and all contracts to provide, maintain and operate cafeteria or restaurant service by a  private  food  service management company shall be subject to the approval of the commissioner, who  may  disapprove  a  proposed  contract if, in his opinion, the best interests of the district will be promoted thereby. Except  as  provided in  paragraph  e  of  this  subdivision, all such contracts involving an annual expenditure in  excess  of  the  amount  specified  for  purchase contracts in the bidding requirements of the general municipal law shall be  awarded to the lowest responsible bidder, which responsibility shall be determined by the board of education or the trustee  of  a  district, with  power  hereby vested in the commissioner to reject any or all bids if, in his opinion, the best interests of the district will be  promoted thereby  and,  upon  such  rejection of all bids, the commissioner shall order the board of education or trustee of the district to seek,  obtain and  consider  new  proposals.  All  proposals  for such transportation, maintenance, mobile instructional units,  or  cafeteria  and  restaurant service  shall  be  in  such  form  as  the  commissioner may prescribe. Advertisement for bids shall be published in a newspaper  or  newspapers designated  by  the board of education or trustee of the district having general  circulation  within  the  district  for  such   purpose.   Such advertisement shall contain a statement of the time when and place where all bids received pursuant to such advertisement will be publicly opened and  read  either  by  the  school authorities or by a person or persons designated by them. All bids received shall be publicly opened and  read at  the  time  and  place  so specified. At least five days shall elapse between the first publication of such  advertisement  and  the  date  so specified  for  the  opening  and  reading  of bids. The requirement for competitive bidding shall not apply to an award of a  contract  for  the transportation  of  pupils or a contract for mobile instructional units, if such award is based on an evaluation of proposals in  response  to  a  request  for  proposals pursuant to paragraph e of this subdivision. The requirement for competitive bidding shall not apply to annual, biennial, or triennial extensions of a contract  nor  shall  the  requirement  for competitive bidding apply to quadrennial or quinquennial year extensions of  a contract involving transportation of pupils, maintenance of school buses or mobile instructional units secured either  through  competitive bidding  or through evaluation of proposals in response to a request for proposals pursuant  to  paragraph  e  of  this  subdivision,  when  such extensions  (1)  are  made by the board of education or the trustee of a district, under rules and regulations prescribed  by  the  commissioner, and,  (2)  do  not extend the original contract period beyond five years from the date cafeteria and restaurant service commenced thereunder  and in  the  case  of  contracts  for  the transportation of pupils, for the maintenance of school buses or for mobile instructional units, that such contracts may be extended, except that power is  hereby  vested  in  the commissioner, in addition to his existing statutory authority to approve or disapprove transportation or maintenance contracts, (i) to reject any extension of a contract beyond the initial term thereof if he finds that amount  to be paid by the district to the contractor in any year of such proposed extension  fails  to  reflect  any  decrease  in  the  regional consumer  price  index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban  consumers  (CPI-U)  during  the  preceding twelve  month  period;  and  (ii)  to reject any extension of a contract after ten years from the  date  transportation  or  maintenance  service commenced thereunder, or mobile instructional units were first provided, if  in  his opinion, the best interests of the district will be promoted thereby. Upon such rejection of any proposed extension, the commissioner may order the board of education or trustee of  the  district  to  seek, obtain and consider bids pursuant to the provisions of this section. The board  of  education  or  the  trustee  of a school district electing to extend a contract as provided herein, may, in its  discretion,  increase the  amount  to  be  paid  in  each year of the contract extension by an amount not to exceed the regional consumer price index increase for  the N.Y.,  N.Y.-Northeastern,  N.J. area, based upon the index for all urban consumers (CPI-U), during the preceding twelve month period, provided it has been satisfactorily established by the  contractor  that  there  has been  at  least  an  equivalent  increase  in  the amount of his cost of operation, during the period of the contract.   b. Notwithstanding the provisions of paragraph a of this  subdivision, in  the  case  of  any  emergency  arising  out  of an accident or other unforeseen  occurrence  or  condition  affecting  pupil   transportation services  within a district, and requiring immediate action which cannot await competitive bidding, interim contracts  for  pupil  transportation services  may  be  let  by the board of education or the trustee of such district for a period not to exceed one month, pending the  award  of  a contract  for  such  services  in  compliance  with  the  provisions  of paragraph a of this subdivision.   c. Each board of education, or the  trustees,  of  a  school  district which  elected  or  elects  to  extend  one or more pupil transportation contracts may extend a contract in an amount which is in excess  of  the maximum  increase allowed by use of the CPI referenced in paragraph a of this subdivision. Such excess amount shall not be greater than  the  sum of  the following: (i) the sum of the actual cost of qualifying criminal history and  driver  licensing  testing  fees  attributable  to  special requirements  for  drivers of school buses pursuant to articles nineteen and nineteen-A of the vehicle and traffic law plus the  actual  cost  of any  diagnostic  tests and physical performance tests that are deemed to be necessary by an examining physician or the chief  school  officer  to  determine  whether an applicant to drive a school bus under the terms of the contract has the physical and mental ability  to  operate  a  school transportation  conveyance  and  to  satisfactorily  perform  the  other responsibilities  of  a school bus driver pursuant to regulations of the commissioner; (ii) in a school district located in a city with at  least one million inhabitants, the actual cost of clean air technology filters and  Global  Positioning  System  (GPS)  technology;  (iii)  in a school district located in a city with at least one million  inhabitants,  with respects  only  to  any  extension beginning in fiscal year two thousand five--two thousand six, the sum of the actual cost of  providing  school bus  attendants  including  the  actual  cost of criminal history record checks for school bus attendant applicants and training and  instruction for   school   bus   attendants   pursuant  to  section  twelve  hundred twenty-nine-d of the vehicle and traffic law plus up to five percent  of such  cost  for  necessary  administrative services; and (iv) the actual cost of equipment or vehicle modification, or training required, by  any state  or local legislation or regulation promulgated or effective on or after June first, two thousand five. Such costs shall be approved by the commissioner upon documentation provided  by  the  school  district  and contractor as required by the commissioner.   * d.  Notwithstanding  the provisions of paragraphs a, b and c of this subdivision, the board of education or the trustee of a district  and  a contractor  providing pupil transportation services to such district may amend a contract for pupil transportation services upon a  finding  that such  amendment  is necessary to comply with any federal, state or local law, rule or regulation imposed after the execution of such contract, or to enhance the safety of pupil  transportation,  as  determined  by  the board or trustee subject to the approval of the commissioner pursuant to regulations  which  shall  require  demonstrable  enhancements  in pupil safety  and/or  increased  savings  consistent  with  maintaining  pupil safety.  Such  amendment  shall  cause  no additional cost to the state, locality or school district. The commissioner shall not approve such  an amendment  if the commissioner finds that it circumvents the competitive bidding requirements contained in paragraph a of  this  subdivision,  or otherwise  violates this section or any other provision of law, or fails to increase or maintain the safety of pupil transportation.   * NB Repealed January 1, 2023   e. Notwithstanding the provisions of any general, special or local law or charter, a board of education or a trustee of a district, pursuant to rules and regulations promulgated  by  the  commissioner,  may  award  a contract  for  the  transportation  of  pupils  or a contract for mobile instructional units involving an annual expenditure  in  excess  of  the amount  specified  for purchase contracts in the bidding requirements of the general municipal law in compliance with the provisions of paragraph a of this subdivision  or  subsequent  to  an  evaluation  of  proposals submitted  in response to a request for proposals prepared by or for the board of education or  trustee  of  a  district.  The  commissioner,  in addition  to  his  existing statutory authority to approve or disapprove transportation contracts, may  reject  any  award  of  a  transportation contract  or  a contract for mobile instructional units that is based on an evaluation of proposals  submitted  in  response  to  a  request  for proposals if he finds that (1) the contractor is not the most responsive to  the  request  for  proposals,  or (2) that the best interests of the district will be promoted thereby.   f. When a board of education or a trustee of a school district  elects to  receive  proposals submitted in response to a request for proposals, such board of education or trustee shall evaluate each proposal  from  a responding   contractor   according   to  criteria  established  by  the  commissioner. For evaluation of proposals related to contracts for pupil transportation services, such criteria shall include at  a  minimum  (i) the  previous  experience of the contractor in transporting pupils, (ii) the name of each transportation company the contractor has been an owner or  a manager and previous experience, (iii) a description of any safety programs implemented by the contractor, (iv) a record  of  accidents  in motor  vehicles under the control of the contractor, (v) driving history of employees of the contractor, (vi) inspection records and  model  year of  the  motor  vehicles  under  the  control  of  the contractor, (vii) maintenance schedule of the motor vehicles  under  the  control  of  the contractor,  (viii)  financial  analysis  of  the  contractor,  and (ix) compliance with insurance  requirements.  For  evaluation  of  proposals related to contracts for mobile instructional units, such criteria shall include  at  a  minimum (1) the previous experience of the contractor in providing mobile instructional units for use by public school districts, (2) the name of each transportation company or manufacturer in which the contractor or any of the contractor's officers has been an  owner  or  a manager  or  has  had  a  controlling interest, (3) a description of any vehicle safety standards included in the design standards for the mobile instructional units under the control  of  the  contractor  that  exceed applicable  standards  defined in statute or regulations, (4) inspection records and model year of  the  mobile  instructional  units  under  the control  of  the  contractor,  (5)  maintenance  schedule  of the mobile instructional units under the control of the contractor,  (6)  financial analysis   of   the   contractor   and  (7)  compliance  with  insurance requirements.   g. Notwithstanding the provisions of  this  subdivision,  section  one hundred  three  of  the general municipal law, or any other provision of law to the contrary, the board of education shall be authorized to enter into a piggyback contract with another school district  that  transports students   pursuant   to   a  contract  with  a  private  transportation contractor, provided that the board finds  that  the  contract  cost  is appropriate  and  entry  into a piggyback contract will result in a cost savings to the school  district.  For  purposes  of  this  paragraph,  a "piggyback contract" means a contract for the transportation of students that:  (1)  provides  transportation to a location outside the students' school district of residence to which another school district is already providing  transportation  to  its  own  students  through  an  existing contract   with  a  private  transportation  contractor,  other  than  a cooperatively  bid  contract;  (2)  is  entered  into  by  the   private transportation  contractor  and  each  school district involved; and (3) provides for transportation in accordance with the terms and  conditions of such existing transportation contract.   15.  The  extension  industrial  teacher  training  courses heretofore established are continued under the  jurisdiction  and  control  of  the education department. Members of the faculty to teach such courses shall be  appointed  by  the  commissioner  of  education  and, subject to the approval of the director of the budget, shall be  classified,  allocated and  paid  in  accordance  with the schedules contained in section three hundred fifty-five-a of this chapter.   16. The commissioner shall cooperate with the commissioner  of  health to  facilitate  the  timely  establishment  and  maintenance  of current records of courses in advanced emergency medical technology.   17. Whenever a mistake has been made, or an honest dispute exists,  as to  the  location  of the division line between land owned by the state, which is under  the  jurisdiction,  care,  custody  or  control  of  the department  of  education,  and  adjoining  privately  owned  land,  the commissioner of education, acting for and on behalf and in the  name  of  the  people  of  the  state  of New York, may enter into a boundary line agreement, fixing and determining the division line between such  lands, subject  to the approval of the attorney general as to form, content and manner of execution.   18.  The  commissioner  shall  cooperate  with  the  superintendent of financial services and the commissioner of commerce in the  creation  of educational programs to be offered in conjunction with and in support of the  export  finance  awareness  program  of the department of financial services and the department of commerce. Such  assistance  may  include, but  shall  not  be  limited  to,  the  development of specific training programs, identification  of  potential  training  needs,  provision  of facilities  for  training  and the identification of potential trainees. Further activity by the commissioner shall require that  a  designee  of the  commissioner  attend each and every export awareness advisory board meeting, formally report to the commissioner, and have the  commissioner contact the superintendent of financial services and the commissioner of commerce so that the superintendent of financial services may coordinate the activities of each of these components in the area of training.   19.  The  commissioner  is  authorized  and  directed  to  require all elementary and secondary schools to store all chemicals present in their science facilities in locked and secure storage rooms and cabinets.  The schools   shall   provide   for  the  placement,  spacing,  arrangement, ventilation and fire protection of such stored chemicals  in  accordance with  guidelines  promulgated  by  the  commissioner  of  education. The commissioner shall also require all elementary and secondary schools  to prepare  at least annually an inventory of such chemicals, including the chemical's name, the  chemical  abstracts  service  registry  number,  a hazard  warning  code,  the  generally  accepted  method  or  methods of disposal, a compatible storage code, the date  received,  the  scheduled date  of disposal, the quantity received, the quantity remaining and its location. The inventory must  be  kept  in  a  secure  location  and  be available for inspection by the commissioner.   20.  He  shall also have and execute such further powers and duties as he shall be charged with by the regents.   21. a. For the purposes of the computation of the apportionment of aid under any of the provisions of  this  chapter  or  any  other  law,  the commissioner shall promulgate regulations to provide where not otherwise provided  by  law,  for the use of whole numbers, fractions or decimals. Such regulations shall specify when such numbers  shall  be  rounded  or truncated.  Such  regulations  may provide that under each apportionment the amount of aid to be paid pursuant to the applicable section  of  law may be paid in whole dollars.   b.  The  commissioner shall periodically prepare an updated electronic data  file  containing   actual   and   estimated   data   relating   to apportionments  due  and  owing  during  the  current  school  year  and projections of such apportionments for  the  following  school  year  to school districts and boards of cooperative educational services from the general  support  for  public  schools, growth and boards of cooperative educational services appropriations on  the  following  dates:  November fifteenth,  or such alternative date as may be requested by the director of the budget for the purpose of preparation of  the  executive  budget; February fifteenth, or such alternative date as may be jointly requested by  the  chair  of  the  senate  finance  committee and the chair of the assembly ways and means committee; and May fifteenth. For  the  purposes of  using  estimated  data  for  projections  of  apportionments for the following school year, when no specific apportionment has yet been  made for  such  school  year,  but such apportionment has a history of annual reauthorization, the commissioner shall estimate  the  apportionment  at  the  same  level  as  the  preceding  school year, subject to the annual approval of the director of the budget, the chairperson  of  the  senate finance  committee  and  the  chairperson of the assembly ways and means committee.   c.  The commissioner shall transmit a report in support of the general support for public schools appropriation to the director of  the  budget and  each  such  committee  chair  containing  schedules displaying such apportionments then due  and  owing,  including  updated  data  for  the current  audit year, seven preceding audit years and the estimated year, to coincide with each such update and by September first with respect to payments due for the preceding school year.   d. Notwithstanding any inconsistent provision of law to the  contrary, for  the  purposes  of  (i)  determining  the base year level of general support for public schools pursuant to paragraph b of  this  subdivision for  the  two  thousand seventeen--two thousand eighteen school year and thereafter, the commissioner is directed  to  include  the  state-funded grant   amounts   allocated  pursuant  to  subdivision  ten  of  section thirty-six hundred two-e of this chapter where such state-funded  grants had  previously  been allocated to districts by means other than general support for public schools, and (ii) for  the  purposes  of  determining both the base year and current year levels of general support for public schools pursuant to paragraph b of this subdivision for the two thousand nineteen--two   thousand   twenty   school   year  and  thereafter,  the commissioner is also directed  to  include  grant  amounts  pursuant  to section  thirty-six  hundred  two-ee  of  this  chapter,  provided that, notwithstanding any provision of law to the  contrary,  such  base  year grant  amounts shall not be included in: (1) the allowable growth amount computed  pursuant  to  paragraph  dd  of  subdivision  one  of  section thirty-six  hundred  two  of  this  chapter,  (2) the preliminary growth amount computed pursuant to paragraph ff of subdivision one  of  section thirty-six  hundred  two  of  this chapter, and (3) the allocable growth amount computed pursuant to paragraph gg of subdivision one  of  section thirty-six hundred two of this chapter, and shall not be considered, and shall  not be available for interchange with, general support for public schools.   e. Notwithstanding any inconsistent provision of law to the  contrary, in  preparing  an  electronic  data file pursuant to paragraph b of this subdivision, for the purposes of using estimated data for projections of apportionments for the following school year, the commissioner shall (i) calculate the negative difference,  if  any,  of  the  allowable  growth amount  computed  pursuant  to  subdivision  one  of  section thirty-six hundred two of this chapter less the preliminary growth amount  pursuant to  such  subdivision,  and (ii) include such negative difference as the "growth cap adjustment" in any file that  aggregates  apportionments  of general  support  for  public schools for the purpose of determining the amounts necessary in the state fiscal years associated with  the  school year  estimates,  provided  that the commissioner shall not allocate any amount of such growth cap adjustment to any school district.   22. The commissioner shall establish the procedures  for  a  statewide system  of  assigning  unique  student  identification  numbers  for all students in public and nonpublic schools within the state  for  purposes of  student  tracking  and  for state reporting purposes. Students shall retain their numbers until they attain the age  of  twenty-one.  As  new students  enter  schools  in  New  York, they shall be assigned a unique number. The  commissioner  shall  include  in  such  system  appropriate procedures   for   insuring  security  and  confidentiality  of  student information. The commissioner shall adopt regulations to provide for the  implementation  of  such  statewide  system  by  school  districts   and nonpublic schools.   23.  The  commissioner  shall  have  primary  responsibility  for  the development and implementation of  integrated  employment  opportunities including short-term and intensive supported employment services and, as appropriate,  long-term  extended  support services and shall coordinate with the commissioner of social services, the commissioner of the office of mental health and the commissioner of  the  office  for  people  with developmental disabilities under an integrated employment implementation plan, pursuant to article twenty-one of this chapter.   24.  Notwithstanding  any  inconsistent provision of this chapter, the commissioner may, by regulation, provide for a system  whereby  schools, school  districts  and  municipalities  submit  required  certifications electronically or  in  any  other  media  form  which  the  commissioner reasonably  determines  offers  the  same  degree  of accountability and control provided by paper certifications. The  certifications  described in  this subdivision shall constitute written instruments, computer data or statements within the meaning of articles one  hundred  seventy,  one hundred seventy-five and one hundred seventy-six of the penal law.   25. The commissioner shall conduct periodic fiscal audits of boards of cooperative  educational services as defined in section nineteen hundred fifty of this chapter  and,  to  the  extent  sufficient  resources  are provided  the  department  for such purpose, shall assure that each such board of cooperative educational services is audited at least once every three years.   26. The commissioner is authorized and directed  to  promulgate  rules and  regulations  to  require that any statement prepared to satisfy the provisions of sections sixteen hundred eight, seventeen hundred  sixteen and  twenty-six hundred one-a of this chapter, any district-wide mailing distributed which in whole or part related to such  statement,  and  any report  prepared to satisfy the requirements of sections sixteen hundred ten, seventeen hundred twenty-one and twenty-five  hundred  twenty-eight of    this    chapter,    commencing    in    the    nineteen    hundred ninety-seven--ninety-eight school year, be in plain  language  and  that categorization  of  and format for revenue including payments in lieu of taxes, property tax refunds from  certiorari  proceedings,  expenditure, transfer, and fund balance information and changes in such data from the prior  year and, in the case of a resubmitted or amended budget, changes in such information from the prior year's  submitted  budget,  shall  be complete  and accurate and set forth in such a manner as to best promote public comprehension and readability.   27. The commissioner shall promulgate regulations in consultation with the New York state energy research and development authority  concerning the  development and approval of energy performance contracts for school districts and boards of cooperative educational services  in  accordance with subdivision eight of section 9-103 of the energy law.   28.  On  or  before  April first, two thousand, the commissioner shall develop and implement an  automated  board  of  cooperative  educational services  state  aid  reporting  system  for the purpose of tracking and reporting state and  local  expenditures  for  aidable  shared  services pursuant  to  subdivision five of section nineteen hundred fifty of this chapter. Such system shall track state and  local  expenditures  in  the manner prescribed by the commissioner, provided that, at a minimum, such system   shall   report   such  expenditures  by  board  of  cooperative educational services, by type of cooperative service agreement  (CO-SER) and  by component school district. In addition, such system shall report expenses and aid totals, as well as expenditures and  aid  per  resident weighted average daily attendance.    29.  The  commissioner  shall develop a program whereby any veteran of the armed forces who served in world war II and who was unable, for  any reason,  to complete a secondary education, may be awarded a high school diploma based on knowledge and experience gained while in service.   29-a.  The commissioner shall develop a program whereby any veteran of the armed forces who served in the Korean conflict and who  was  unable, for any reason, to complete a secondary education, may be awarded a high school  diploma  based  on  knowledge  and  experience  gained  while in service.   29-b. The commissioner shall develop a program whereby any veteran  of the  armed  forces who served in the Vietnam war and who was unable, for any reason, to complete a secondary education, may  be  awarded  a  high school  diploma  based  on  knowledge  and  experience  gained  while in service.   29-c. The commissioner shall develop a program whereby any veteran  of the  armed  forces  who  has  served on active duty in the United States Armed Forces, and  who  was  unable,  for  any  reason,  to  complete  a secondary  education,  may  be  awarded  a  high school diploma based on knowledge and experience gained while in service.   30. (a) The commissioner, in cooperation with the division of criminal justice services and in accordance with  all  applicable  provisions  of law,   shall   promulgate   rules   and   regulations   to  require  the fingerprinting of prospective employees, as defined  in  section  eleven hundred  twenty-five  of  this  chapter,  of  school  districts, charter schools and boards of cooperative educational services  and  authorizing the  fingerprinting  of  prospective  employees of nonpublic and private elementary and secondary schools, and for the use of information derived from searches of  the  records  of  the  division  of  criminal  justice services  and  the  federal  bureau of investigation based on the use of such fingerprints. The commissioner shall also develop a form for use by school districts, charter schools,  boards  of  cooperative  educational services,  and nonpublic and private elementary and secondary schools in connection  with  the  submission  of  fingerprints  that  contains  the specific job title sought and any other information that may be relevant to consideration of the applicant. The commissioner shall also establish a  form  for  the  recordation  of  allegations  of  child  abuse  in an educational setting, as required  pursuant  to  section  eleven  hundred twenty-six  of  this  chapter.  No  person  who  has  been fingerprinted pursuant to section three thousand four-b of this chapter or pursuant to section five hundred nine-cc or  twelve  hundred  twenty-nine-d  of  the vehicle  and  traffic law and whose fingerprints remain on file with the division of criminal justice  services  shall  be  required  to  undergo fingerprinting for purposes of a new criminal history record check. This subdivision  and  the rules and regulations promulgated pursuant thereto shall not apply to a school district within a city with a population  of one million or more.  (b) The  commissioner,  in  cooperation  with the division of criminal justice services, shall promulgate a form to be  provided  to  all  such prospective  employees  of  school districts, charter schools, boards of cooperative educational services, and nonpublic and  private  elementary and  secondary  schools that elect to fingerprint and seek clearance for prospective employees that shall:  (i) inform the prospective employee that the commissioner is  required or  authorized  to  request his or her criminal history information from the division of criminal justice services  and  the  federal  bureau  of investigation  and review such information pursuant to this section, and provide a description of the manner in  which  his  or  her  fingerprint  cards  will  be used upon submission to the division of criminal justice services;  (ii)  inform  the prospective employee that he or she has the right to obtain, review and seek  correction  of  his  or  her  criminal  history information  pursuant  to  regulations and procedures established by the division of criminal justice services.  (c) The prospective employer shall obtain the signed, informed consent of the prospective employee on such form supplied  by  the  commissioner which indicates that such person has:  (i)  been  informed  of  the right and procedures necessary to obtain, review and seek correction of his or her criminal history information;  (ii) been informed of the reason  for  the  request  for  his  or  her criminal history information;  (iii) consented to such request for a report;  (iv)  supplied  on  the form a current mailing or home address for the prospective employee;  (v) been informed that he or she may withdraw his or  her  application for  employment pursuant to this section, without prejudice, at any time before employment is offered or  declined,  regardless  of  whether  the prospective   employee   or   employer  has  reviewed  such  prospective employee's criminal history information;  (vi) where the applicant is to be fingerprinted  pursuant  to  section three  thousand  thirty-five  of this chapter, the process for seeking a waiver of the fees associated with conducting a criminal history records check, pursuant to paragraph (b) of subdivision four  of  section  three thousand thirty-five of this chapter,  (vii)  been  informed  that  in  the  event  his  or her employment is terminated and such person has  not  become  employed  in  the  same  or another   school   district,   charter   school,  board  of  cooperative educational services, or nonpublic or private  elementary  or  secondary school  within twelve-months of such termination, the commissioner shall notify the division of criminal justice services  of  such  termination, and  the  division  of  criminal  justice  services  shall  destroy  the fingerprints  of  such  person.  Such  person  may  request   that   the commissioner  notify  the division of criminal justice services that his or her fingerprints shall be destroyed prior to the expiration  of  such twelve  month  period  in  which  case the commissioner shall notify the division of criminal justice services and the division shall destroy the fingerprints of such person promptly upon receipt of the request; and  (viii) been informed of the manner in which he or she  may  submit  to the   commissioner   any   information  that  may  be  relevant  to  the consideration of his or her application for clearance  including,  where applicable,  information  in  regard  to  his  or  her  good conduct and rehabilitation.   * (d) The commissioner shall develop  forms  to  be  provided  to  all school  districts,  charter  schools,  boards of cooperative educational services, and to all nonpublic  and  private  elementary  and  secondary schools  that  elect  to  fingerprint their prospective employees, to be completed  and  signed  by  prospective   employees   when   conditional appointment or emergency conditional appointment is offered.   * NB Repealed July 1, 2022   * (e)  The commissioner may promulgate rules and regulations regarding the conditional appointment and emergency conditional appointment  of  a prospective employee.   * NB Repealed July 1, 2022   * 31. The commissioner shall direct that each school district, charter school, and private elementary and secondary school appoint a designated educational official for the purposes set forth in section 380.90 of the  criminal  procedure  law,  subdivision  seventeen  of  section 301.2 and subdivision three of section 380.1 of the family court act. In addition, the commissioner shall promulgate rules and regulations, in consultation with the office of court administration, to facilitate electronic access by  the courts to the names and addresses of such designated educational officials.   * NB There are 2 sub 31's   * 31. The  commissioner  shall  cooperate  with  the  commissioner  of agriculture  and  markets  in  establishing a farm-to-school program and coordinating New York Harvest For New York Kids  Week  as  described  in subdivision  five-b  of  section  sixteen of the agriculture and markets law. The commissioner's  responsibilities  shall  include,  but  not  be limited  to, compiling information for the department of agriculture and markets from school districts and other educational  institutions  under the  department's  jurisdiction  interested  in purchasing New York farm products  and  disseminating  to  those   districts   and   institutions information  from  the  department  of agriculture and markets about the availability of New York farm  products,  and  contact  information  for farmers  and  other businesses marketing such products. The commissioner shall report to the legislature about the need for  changes  in  law  to facilitate   the   purchase  of  such  products  by  schools  and  other institutions.   * NB There are 2 sub 31's   34. The commissioner is hereby authorized and directed to apply school bus safety practices instruction and retraining requirements  prescribed pursuant  to the provisions of section thirty-six hundred twenty-four of this chapter to drivers  who  operate  transportation  which  is  owned, leased  or  contracted  for by private and parochial schools to the same extent  as  such  requirements  shall  apply  to  drivers  who   operate transportation which is owned, leased or contracted for by public school districts. The chief school administrator of every private and parochial school  shall  approve the employment of each driver for each school bus operated for such private or parochial school and shall ensure that each such driver shall meet the school bus safety practices  instruction  and retraining   requirements  prescribed  pursuant  to  section  thirty-six hundred twenty-four of this chapter. Nothing in this  subdivision  shall be construed to apply such provisions to volunteer drivers who transport pupils  on  other  than  a  regularly established route on an occasional basis.   * 35. The  commissioner  shall  develop  guidelines  by  which  school districts  may  establish  a  program  to  make  available to parents or persons in parental relation  of  children  attending  schools  in  such districts, an internet based electronic communications system to provide for  the  transmission  of  individual  personalized  messages  or group communication over the internet, to communicate  with  the  teachers  of such children.   * NB There are 2 sb 35's   * 35.  The commissioner shall, in cooperation with the commissioner of mental health, develop guidelines for voluntary implementation by school districts,  that  incorporate  social  and  emotional  development  into elementary  and  secondary  school educational programs as prescribed in paragraph (b) of subdivision one of  section  three  of  the  children's mental health act of 2006.   * NB There are 2 sb 35's   36.  The  commissioner  shall  ensure that by July first, two thousand eight, a student progress report, written in plain English and in a form prescribed by the commissioner,  is  prepared  for  all  students.  Such progress  report  shall  provide parents or persons in parental relation  with information on their child's performance on state assessments  over multiple  years  of  testing and shall also explain the process by which parents or persons in parental relation may inquire further about  their child's progress. All school districts and charter schools shall prepare and  disseminate  the  student  progress report to parents or persons in parental relation in a timely manner.   37. The commissioner shall develop methods to support educators in the use of performance data to assist in student learning,  which  shall  be periodically improved based on feedback from educators.   38.  The  commissioner shall develop informational materials to assist parents or persons in parental relation and  teachers  in  understanding the regents learning standards and the results of state assessments.   39. The commissioner shall develop a school leadership report card and a  separate  school  progress report card to assist boards of education, the state and the public in assessing the performance of school leaders, including superintendents of schools and building  principals,  and  the schools  that they lead. The report cards shall include an assessment of the school's progress in achieving standards of excellence.  By  January first,  two thousand nine, the commissioner shall develop such standards of excellence which  shall  include,  but  not  be  limited  to,  parent involvement, curriculum, teacher quality, and accountability measures as set   forth   in  section  two  hundred  eleven-a  of  this  title.  The commissioner shall promulgate  regulations  requiring  the  trustees  or boards  of  education of every common, union free, central, central high school and city school district, and the chancellor  of  a  city  school district  in a city of one million or more inhabitants, to attach copies of such report cards to the statement of estimated expenditures pursuant to section sixteen hundred eight or seventeen hundred  sixteen  of  this chapter,  where  applicable,  and  to  otherwise  make  the report cards publicly available in the same manner as a school district report card.   40.  The  board  of  regents  shall  explore  the  development  of   a prekindergarten  through  postsecondary  (P-16)  data system that tracks student performance from prekindergarten through  attendance  at  public colleges  in  this  state and links students to teachers or instructors. The commissioner shall consult with other  relevant  state  departments, agencies  and  instrumentalities  of  the state about the feasibility of linking  the  system  to  other  data  collection   systems   containing information  relevant  to  the  education of children, including but not limited to social services information; and to identify barriers to  the exchange  of  data between the P-16 system and social services and other systems under their control  and  collaborate  to  facilitate  the  free exchange  of  data. Such data system shall be maintained consistent with applicable confidentiality requirements, so as  to  prevent  disclosures that  would  constitute an unwarranted invasion of personal privacy. The commissioner  shall  report  to  the  board  of  regents  on  activities conducted pursuant to this subdivision.   41.  The  commissioner  shall  establish a program to evaluate various methods used by schools to identify students receiving a free or reduced price meal under programs authorized by the National School  Lunch  Act, as  amended,  or  the  Child  Nutrition  Act  of  1966,  as amended. The commissioner shall identify  methodologies  and  practices  utilized  by schools and school districts, within the state and nationally, to:   a. simplify student access to meal programs; and   b.  identify students through an electronic payment system, or through other means, in order to eliminate the overt identification of  students receiving a free or reduced price meal. On  or  before  July  first,  two  thousand nine, the commissioner shall disseminate detailed information on the best practices utilized by  such  schools  and  school  districts  which simplify access and eliminate the distinction between students receiving a free or reduced price meal  and those  paying  full price so as to more effectively operate the program. The  commissioner shall also submit a report containing such information to the legislature on or before such date.   42. a. The commissioner,  in  conjunction  with  the  commissioner  of health,  shall  promulgate and review as necessary rules and regulations relating to pupils  who  suffer  mild  traumatic  brain  injuries,  also referred  to  as a "concussion," while receiving instruction or engaging in any school sponsored or related activity. In  developing  such  rules and   regulations,   the   commissioner  shall  consider  comments  from stakeholders and other interested parties including but not  limited  to parents,  teachers,  students,  school  administrators,  school athletic trainers, sport coaches, medical and health  professionals,  the  public schools  athletic  league  (PSAL), the New York state public high school athletic association (NYSPHSAA), and other athletic  associations.  Such regulations shall include, but not be limited to:  (i)  requiring  a  course  of  instruction relating to recognizing the symptoms of mild traumatic brain injuries  and  monitoring  and  seeking proper  medical  treatment  for  pupils  who suffer mild traumatic brain injuries. Such course of instruction shall be required to  be  completed on  a biennial basis by all school coaches, physical education teachers, nurses and athletic trainers. The course of instruction required by this subparagraph shall include, but not be limited to, the definition  of  a "concussion,"  signs  and symptoms of mild traumatic brain injuries, how such  injuries  may  occur,  practices  regarding  prevention,  and  the guidelines  for  the  return  to school and to certain school activities after a pupil has suffered a mild traumatic brain injury  regardless  of whether  such  injury  occurred  outside of school. Such training may be completed by means of courses of instruction, including but not  limited to,  courses  provided  online  and  by  teleconference  approved by the department;  (ii) providing that the department and the department of health  shall post  on  their internet websites information relating to mild traumatic brain  injuries,  which  shall  include  but  not  be  limited  to,  the definition of a "concussion," signs and symptoms of mild traumatic brain injuries, how such injuries may occur, and the guidelines for the return to  school and to certain school activities after a pupil has suffered a mild traumatic brain injury regardless of whether such  injury  occurred outside of school. Schools shall be required to include such information in  any permission form or parent or person in parental relation consent form  or  similar  document  that  may  be  required   for   a   pupil's participation  in  interscholastic  sports  and  shall also include such information, or reference  how  to  obtain  such  information  from  the department  and  the  department  of  health  internet  websites, on the school's internet website, if one exists;  (iii) requiring the immediate removal from athletic activities of  any pupil  believed  to have sustained or who has sustained a mild traumatic brain injury. In the event that there is any doubt as to whether a pupil has sustained a concussion, it shall be presumed that he or she has been so injured until proven otherwise. No such pupil shall  resume  athletic activity  until he or she shall have been symptom free for not less than twenty-four hours, and has been evaluated by and  received  written  and signed authorization from a licensed physician. Such authorization shall be  kept  on  file  in the pupil's permanent health record. Furthermore, such rules and regulations shall provide guidelines for limitations  and restrictions  on  school  attendance  and activities for pupils who have  sustained mild traumatic brain injuries, consistent with the  directives of the pupil's treating physician.  (iv) authorizing each school or school district, in its discretion, to establish  a  concussion  management  team  which may be composed of the athletic director (if any), a school  nurse,  the  school  physician,  a coach  of  an  interscholastic  team,  an athletic trainer or such other appropriate personnel as designated by the school  or  school  district. The  concussion  management team shall oversee the implementation of the rules and regulations promulgated pursuant to  this  subdivision  as  it pertains  to  their associated school including the requirement that all school  coaches,  physical  education  teachers,  nurses  and   athletic trainers  that  work  with  and provide instruction to pupils engaged in school sponsored athletic activities complete training relating to  mild traumatic  brain injuries. Furthermore, every concussion management team may establish and implement a program which provides information on mild traumatic brain injuries to parents and  persons  in  parental  relation throughout each school year.   b.  The rules and regulations established pursuant to this subdivision shall be deemed to be the minimum standards that must be  complied  with by  every  public school relating to mild traumatic brain injuries. Such rules and regulations may also be implemented by  nonpublic  schools  if they so authorize. Nothing in this subdivision shall prohibit any public school or nonpublic school from adopting and implementing more stringent standards.   43.  The commissioner shall make available, on the department internet website, materials on problem gambling among school-age youth identified or developed by the office of alcoholism and substance abuse services in consultation with the department, pursuant to subdivision (j) of section 19.07 of the mental hygiene law.   44. The commissioner shall prohibit the administration of  traditional standardized   tests,   as   defined   in   regulations  issued  by  the commissioner, in pre-kindergarten programs and  in  grades  kindergarten through  second  grade;  provided,  however,  that  nothing herein shall prohibit assessments in which students  perform  real-world  tasks  that demonstrate  application of knowledge and skills or assessments that are otherwise required to be administered by federal law.   45. The commissioner shall provide that no school district or board of cooperative educational services may place or  include  on  a  student's official  transcript  or  maintain  in  a student's permanent record any individual student score on a state  administered  standardized  English language  arts or mathematics assessment for grades three through eight, provided that nothing  herein  shall  be  construed  to  interfere  with required  state or federal reporting or to excuse a school district from maintaining or transferring records of such test scores separately  from a  student's  permanent record, including for purposes of required state or federal reporting.   46. The commissioner shall provide that any test results  on  a  state administered   standardized   English   language   arts  or  mathematics assessment for grades three through eight sent to parents or persons  in parental  relation  to  a student include a clear and conspicuous notice that such results  will  not  be  included  on  the  student's  official transcript  or  in the student's permanent record and are being provided to the student and parents for diagnostic purposes.   47. The commissioner shall provide that no school district shall  make any  student  promotion or placement decisions based solely or primarily on student performance on the state  administered  standardized  English language  arts  and  mathematics  assessments  for  grades three through eight. However, a school district may consider  student  performance  on  such  state  assessments provided that the school district uses multiple measures in addition to such assessments and that  such  assessments  do not constitute the major factor in such determinations. In addition, the commissioner  shall require every school district to annually notify the parents and persons in parental relation to the students attending  such district  of  the  district's grade promotion and placement policy along with an explanation of how such policy was developed. Such  notification may  be  provided on the school district's website, if one exists, or as part of an existing informational document that is provided  to  parents and persons in parental relation.   * 48. The commissioner shall issue regulations:   a.  allowing  students  with disabilities who are not eligible for the New York state alternate assessment and whose cognitive and intellectual disabilities preclude their meaningful  participation  in  chronological grade  level  instruction  to  be  assessed based on instructional level rather than chronological age;   b.  allowing  English  language  learners  to  be  assessed   with   a state-administered   assessment   that  measures  the  English  language development of such students rather than the English language arts  exam for their first two years of enrollment; and   c.  ensuring  accountability  for  the performance of such students in appropriate ways.   * NB Effective upon and to the extent  allowed  by  a  federal  waiver issued by the U.S. department of education   49.  The  commissioner shall promulgate such standards and regulations as may be necessary to ensure:   a. that the amount of  time  devoted  to  state-administered  required assessments  developed  by  the  state  directly or by contract for each grade does not exceed, in the aggregate,  one  percent  of  the  minimum required annual instructional hours for such grade.   b.  that,  for  each  school  district,  the amount of time devoted to standardized assessments that are not specifically required by state  or federal  law  for  each  grade  does  not  exceed, in the aggregate, one percent of the minimum required  annual  instructional  hours  for  such grade.   c.  that, for each school district, the amount of time devoted to test preparation under standardized testing conditions for  each  grade  does not exceed, in the aggregate, two percent of the minimum required annual instructional hours for such grade.   Time  devoted  to  teacher  administered  classroom  quizzes or exams, portfolio reviews, or  performance  assessments  shall  not  be  counted towards the limits established by this subdivision. In addition, nothing in  this subdivision shall be construed to supersede the requirements of a section of the 504 plan of a qualified student with  a  disability  or federal  law relating to English Language Learners or the individualized education program of a student with disabilities.   50. The commissioner shall provide instructional  tools  and  outreach materials  for  parents  and  families to assist parents and families in understanding the purposes, elements and instructional changes  relating to  implementation  of next generation learning standards as well as how to best support their child's educational progress  and  outcomes.  Such tools  and  outreach  shall  include,  but  not  be  limited  to, online resources with  linguistically  and  culturally  appropriate  materials, community  outreach, and the dissemination of materials through schools, non-profit organizations, libraries, and other partners.   51. The commissioner shall, in order to assist  school  districts  and boards of cooperative educational services in developing next generation training  programs  for  teachers  and  principals, develop professional  development tools, resources and materials that school districts, boards of  cooperative  educational  services,  teachers  and  principals   may utilize.  The  commissioner may collaborate with the state university of New  York, the city university of New York, and independent colleges and universities to offer effective, data-informed professional  development and  coaching  to  meet  the  needs  of implementing the next generation learning standards. Such professional  development  and  coaching  shall include  necessary  materials, age appropriate instruction and resources that provide best practices for the effective implementation of the next generation learning standards. Such support shall be available  for  the purpose   of   providing   professional  development  for  teachers  and principals, as well as preparation  programs  for  participating  school districts,  boards  of cooperative educational services, charter schools and communities at  large,  and  may  include  recommendations  for  how teachers and principals can collaborate on strategies, including but not limited  to  study  groups and coaching, to improve classroom practices. The  commissioner  shall  also  identify  regional  examples  of  school districts   that  have  successfully  implemented  the  next  generation learning standards, where such examples exist,  and  shall  invite  such districts  to  serve  on  a  voluntary  basis as models that principals, teachers and other school professionals within the region may visit  and observe.  In  addition, the commissioner shall include opportunities for teachers  and  other  content-area  experts  to  provide  feedback   and recommendations  for  the  continuous  improvement  and  development  of voluntary next generation curriculum modules offered by the department.   51-a. On or before June first, two thousand  fifteen,  and  each  year thereafter,  the  commissioner  shall  release  the test questions, test answers, and  corresponding  correct  answers  from  each  of  the  most recently administered English language arts and mathematics examinations in  grades  three through eight of that year. The commissioner may limit the number  of  questions  and  answers  released  only  to  the  extent necessary   to   avoid   hindering  or  impairing  the  validity  and/or reliability of  future  examinations  and  must  provide  enough  of  an overview   of   each   examination  so  that  teachers,  administrators, principals,  parents  and  students  can  be  provided  with  sufficient feedback  on the types of questions administered and, by July first, two thousand fifteen, and  each  year  thereafter,  the  commissioner  shall release  the  general  student  success rate in answering such questions correctly.   52. a. The commissioner shall make recommendations  to  the  board  of regents  relating  to  the  adoption  of  instruction in cardiopulmonary resuscitation and the use of automated external defibrillators (AEDs) in senior high schools.   b. Prior to making the recommendations to the board  of  regents,  the commissioner shall:  (i)  seek  the  recommendations  of  teachers,  school administrators, teacher educators and others with educational expertise in the  proposed curriculum;  (ii) seek comment from parents, students and other interested parties;  (iii)  consider  the amount of instructional time such curriculum will require and whether such time would detract from other mandated  courses of study;  (iv)  consider  the  fiscal  impact,  if  any, on the state and school districts; and  (v) consider any additional factors the commissioner deems relevant.   c. No later than one hundred eighty days after the effective  date  of this subdivision, the commissioner shall provide a recommendation to the board  of  regents  to either adopt and promulgate appropriate rules and  regulations implementing such curriculum or reject the implementation of such curriculum. Upon receiving a recommendation from the  commissioner, pursuant  to this subdivision, the board of regents shall vote to either accept  or  reject the commissioner's recommendation no later than sixty days after receiving such recommendation.   d. If the board of regents  adopts  such  curriculum,  the  curriculum requirement  shall  take effect no later than the next school year after such curriculum has been adopted.   e. If the board of regents rejects such curriculum,  the  commissioner shall  provide  a  report  as  to  the determination of the board to the governor, the temporary president of the  senate,  the  speaker  of  the assembly  and  the  chairs  of  the  senate  and  assembly committees on education providing the reasons for such rejection not later than thirty days after the board of regents rejects such curriculum.   53. The commissioner is authorized and directed to establish a content review committee for the purposes of  reviewing  all  standardized  test items  and/or  selected  passages  used  on  English  language  arts and mathematics state assessments for grades three through eight to  ensure: (a) they are grade level appropriate, in general; (b) they are presented at  a  readability  level  that is grade-level appropriate; (c) they are within grade-level expectations; and (d) they appropriately measure  the learning  standards  approved by the board of regents applicable to such subject and/or grade level. The review of such items and passages  shall be  conducted  prior  to their use in such assessments provided however, for the two thousand fifteen--two thousand sixteen school year only,  if such  requirement  would  prevent  the ability of such assessments to be administered, then items or passages that have not been reviewed may  be used.  Provided  further,  the content review committee shall review any new standardized test items and/or selected passages prior to their  use in  such assessments. Such committee shall also ensure that any new test items and/or selected passages are fair and  appropriately  measure  the learning  standards  approved by the board of regents applicable to such subject and/or grade  level.  Such  committee  shall  also  ensure  that adequate   and   appropriate   time   is   given  to  students  for  the administration of such assessments, provided  however  that  subdivision forty-nine  of  this  section  must be complied with. The content review committee shall include classroom teachers and experienced educators  in the  content  area  and/or  grade  level  of  the  items/passages  being reviewed, including teachers of students with disabilities  and  English language learners.   54.  Notwithstanding  any  law, rule or regulation to the contrary, no teacher, principal, or  superintendent  shall  be  required  to  sign  a confidentiality  agreement  with their respective school district, board of cooperative educational services, or  the  department  that  prevents such  teacher, principal, or superintendent from discussing the contents of any items on the English language arts and mathematics assessments in grades three through eight after such items have been  released  by  the department  pursuant to subdivision fifty-one-a of this section or after such items have been publicly  disclosed  by  the  department  or  other appropriate  entity.  The  commissioner  shall  amend  and/or modify any current confidentiality agreement inconsistent with this subdivision and shall promulgate regulations consistent with this subdivision.   55. The commissioner, in collaboration with the commissioner of health and  the  commissioner  of  environmental  conservation  shall   develop instructional  tools and materials for school districts and libraries to assist in the education and awareness program to protect  children  from lyme disease and tick-borne infections. Resources and materials shall be age-appropriate  for  school-age students and provide information on the  identification of ticks, recommended procedures for  safe  tick  removal and  best practices to provide protection from ticks. Such materials may include  but  not  be  limited  to  video  productions,  pamphlets,  and demonstration  programs  to illustrate the various sizes of ticks before and after it has engorged to assist with the identification  of  a  tick and  the reaction on the skin that may occur as a result of a tick bite. Materials and instructional  tools  to  advance  and  promote  education awareness  on tick identification and protection shall be made available to school districts and libraries upon request at no charge.   * 56.  The  commissioner  shall  issue  a   guidance   memorandum   in cooperation  with  stakeholders  and  other interested parties, to every school district and board of cooperative educational services to  inform them  of  the  unique  educational  needs  of  students  with  dyslexia, dyscalculia and dysgraphia and to  clarify  that  school  districts  may reference  or  use  the  terms  dyslexia, dyscalculia, and dysgraphia in evaluations,   eligibility   determinations,   or   in   developing   an individualized  education  program  (IEP)  under  the  Individuals  with Disabilities Education Act (IDEA) pursuant to part 300 of  title  34  of the  code  of federal regulations, as such regulations may, from time to time, be amended.   * NB There are 4 sb 56's   * 56. The commissioner,  in  consultation  and  cooperation  with  the commissioner  of  agriculture  and  markets,  may  develop guidelines to encourage school districts  and  institutions  of  higher  education  to donate excess, unused, edible food from meals served at such educational facilities  to  local  voluntary food assistance programs including, but not limited to,  community  food  pantries,  soup  kitchens,  and  other community  and  not-for-profit organizations that distribute food to the poor and disadvantaged. Such  guidelines  developed  concerning  donated food  shall comply with all federal, state and local public health laws, rules and regulations that govern food safety and food donation.   Such guidelines may include, but not be limited to:   a.  a  procedure  to  provide   information   to   school   districts, institutions  of  higher  education  and local voluntary food assistance programs of the provisions of such guidelines;   b. notification to educational institutions of their ability to  elect to donate excess, unused, edible food to local voluntary food assistance programs; and   c.  information  and  technical assistance on how school districts and institutions of higher education may best donate excess food in  a  safe and sanitary manner.   The   commissioner   shall   coordinate  the  implementation  of  such guidelines with  the  farm-to-school  program  established  pursuant  to subdivision  five-b  of  section  sixteen of the agriculture and markets law.   * NB There are 4 sb 56's   * 56. a. The commissioner  shall  consult  and  collaborate  with  the commissioner  of health and organizations that promote sepsis awareness, prevention and education,  as  well  as  other  interested  parties,  to establish  and  develop  a  sepsis  awareness,  prevention and education program within the department. Such program  shall  be  defined  by  the commissioner  in  regulations  after consultation with the department of health and be designed to educate students, parents and school personnel about sepsis awareness and prevention. Such program shall  include,  but not be limited to:  (i)  age-appropriate model curriculum, exemplar lesson plans, and best practice  instructional  resources  for  students,  parents  and  school personnel  designed  to promote awareness and prevention methods against  sepsis. Such model curriculum, lesson plans and instructional  resources shall   include  but  not  be  limited  to  guidelines  and  methods  of prevention, including recommendations for the reduction of  exposure  to sepsis and an appropriate course of action for sepsis treatment;  (ii)  instructional  tools  and  materials  for  students, parents and school personnel developed in collaboration  with  the  commissioner  of health,  which  shall  include  updated  data  and information on sepsis awareness and prevention, with a review of such data and information  to occur  periodically, at intervals deemed appropriate by the commissioner and the commissioner of health; and  (iii) public availability of  all  materials  related  to  the  sepsis awareness,  prevention  and  education program on a dedicated webpage on the department's internet website, and provided  at  no  cost  to  every school  district,  board  of  cooperative  educational services, charter school and nonpublic school upon request.   b. The commissioner shall issue a guidance memorandum to every  school district,  board of cooperative educational services, charter school and nonpublic school, to inform them  of  the  availability  of  the  sepsis awareness,  prevention  and  education  program and to encourage them to develop policies and procedures, in consultation with their director  of school  health  services, or the substantial equivalent as determined by the commissioner in regulations, regarding when parents and  persons  in parental  relations  are to be notified of illness or injuries occurring in school which affects their child, in accordance with article nineteen of  this  chapter.  The  commissioner  shall  annually   remind   school districts,  boards  of cooperative educational services, charter schools and nonpublic schools, of  the  availability  of  sepsis  awareness  and prevention materials as part of sepsis awareness month.   * NB There are 4 sb 56's   * 56.  The  commissioner  shall provide to the council on children and families, in a format identified by the council,  information  regarding all  recipients  of grants awarded or administered by the department for the purposes of providing afterschool  programs,  or  extended  learning time,  including  but  not  limited  to grants for such purposes awarded under section thirty-six hundred forty-one of  this  chapter.  For  each program the program's name, the address at which the program is offered, and  the phone number for the program will be provided to the council no less than once a year.   * NB There are 4 sb 56's   58.  a.  No  later  than  June  first,  two  thousand  nineteen,   the commissioner  shall  prepare  and  submit to the governor, the temporary president of the senate and the speaker of the assembly  a  report  that provides  an  overview  of  teacher diversity throughout the state. Such report shall:  (i) study  the  potential  barriers  to:  achieving  diversity  within teacher  preparation  programs;  obtaining an initial certificate in the classroom teaching service; and obtaining  teacher  certification  as  a teacher aide or teaching assistant;  (ii)  include  available data on race, ethnicity, gender, and age; the efforts higher education institutions with teacher preparation  programs are  taking to recruit and retain a diverse student population into such programs; and the efforts that the  state  and  schools  are  taking  to attract,  hire,  and retain certified teachers who reflect the diversity within New York state's schools; and  (iii) make recommendations on programs, practices  and  policies  that may  be  implemented  by  schools  and  teacher  preparation programs to improve teacher diversity throughout the state.    b.  The  commissioner  shall  consult  with  stakeholders  and   other interested  parties  when preparing such report. The state university of New York, the city university of New York, the commission on independent colleges and universities,  and  the  proprietary  college  sector  with registered teacher education programs in this state shall, to the extent practicable,  identify and provide representatives to the department, at the request  of  the  commissioner,  in  order  to  participate  in  the development and drafting of such report.   * 59.  The  commissioner  shall  make  available educational materials developed pursuant to subdivision two of section three hundred seventy-c of the social services law to every  school  district,  charter  school, nonpublic   school,   approved  preschool,  approved  preschool  special education  program,  approved  private  residential  or  non-residential school  for the education of students with disabilities, state-supported school in accordance with article eighty-five of this chapter, and board of  cooperative  educational  services  for  the  purpose  of  educating parents,  guardians and other authorized individuals responsible for the child's care about adverse  childhood  experiences,  the  importance  of protective  factors,  and  the  availability of services for children at risk for or experiencing adverse childhood experiences. The commissioner shall provide that such educational materials are made available  online pursuant  to  subdivision  two of section three hundred seventy-c of the social services law.   * NB Effective April 1, 2022