NY Educ L § 211-D (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 5 - University of the State of New York Part 1 - General Organization 211-D - Contract for Excellence.

§ 211-d. Contract for excellence. 1. a. Every school district that, as of  April  first of the base year, has at least one school identified as in corrective action or restructuring status or as  a  school  requiring academic  progress:  year  two  or  above  or  as  a  school  in need of improvement: year two shall  be  required  to  prepare  a  contract  for excellence if the school district is estimated to receive an increase in total  foundation  aid for the current year compared to the base year in an amount that equals or exceeds either fifteen million dollars  or  ten percent  of  the amount received in the base year, whichever is less, or receives a supplemental educational improvement plan  grant.  In  school year  two  thousand seven--two thousand eight such increase shall be the amount of the difference between total foundation aid received  for  the current  year and the total foundation aid base, as defined in paragraph j of subdivision one of section thirty-six hundred two of this chapter.   b. In addition to the school districts required to prepare a  contract for  excellence  under  paragraph  a  of  this subdivision, every school district that filed a contract for excellence in  the  base  year  shall file  a  contract for excellence in the current year if such district is estimated  to  receive  a  two-year  increase,  equal  to  the  positive difference  of the total foundation aid apportioned for the current year less the total foundation  aid  base,  as  defined  in  paragraph  j  of subdivision  one  of section thirty-six hundred two of this chapter, for the base year, in an amount that equals or exceeds  either  twenty-seven million  five  hundred  thousand dollars or twenty percent of such total foundation aid base for the  base  year;  provided  however,  that  this requirement  shall  apply  only  to  a school district that, as of April first of the base year, has at least one school that has been identified as in corrective action or restructuring status or as a school requiring academic progress: year  two  or  above  or  as  a  school  in  need  of improvement: year two.   c.  In a city school district located in a city of one million or more inhabitants, a contract for excellence shall be prepared  for  the  city school   district  and  each  community  district  that  meets  criteria specified in this subdivision.   d. All computations pursuant to paragraphs a and b of this subdivision and subdivision two of this section shall be based upon data included in the computerized school aid run produced by the commissioner in  support of  the  enacted  state  budget  which  established  the  foundation aid formulas  for  the  current  year.  For  purposes   of   this   section, accountability  status  of schools shall be determined as of April first of the base year, except that if the commissioner  determines  that  the accountability  data  on file for a school as of April first of the base year was in error and officially adjusts the  accountability  status  of the  school  after  such  date, such adjusted data shall be used for the purposes of paragraphs a and b of this subdivision and  subdivision  two of this section.   e.  Notwithstanding  paragraphs  a and b of this subdivision, a school district that submitted a contract for excellence for the  two  thousand eight--two  thousand  nine  school  year  shall  submit  a  contract for excellence for the two thousand nine--two thousand ten  school  year  in conformity  with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the  district  are identified  as  in  good  standing  and  provided further that, a school district that submitted a contract for excellence for the  two  thousand nine--two  thousand  ten school year, unless all schools in the district are identified  as  in  good  standing,  shall  submit  a  contract  for excellence  for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of  subparagraph  (vi)  of  paragraph  a  of  subdivision  two  of  this  section,  provide  for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for  excellence  for the  two  thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage  and  provided  further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in  the  district  are  identified  as  in good standing, shall submit a contract for  excellence  for  the  two  thousand  twelve--two  thousand thirteen  school  year  which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision  two  of  this  section, provide  for  the  expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract  for  excellence for  the  two  thousand  eleven--two  thousand  twelve  school  year and provided further that, a school district that submitted a  contract  for excellence  for  the  two  thousand twelve--two thousand thirteen school year, unless all schools in the  district  are  identified  as  in  good standing,  shall  submit  a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision  two of this section, provide for the expenditure of an amount which shall be not  less  than  the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that,  a  school  district  that  submitted  a contract  for  excellence  for  the  two thousand thirteen--two thousand fourteen school year, unless all schools in the district are  identified as  in good standing, shall submit a contract for excellence for the two thousand  fourteen--two  thousand  fifteen  school  year  which   shall, notwithstanding  the requirements of subparagraph (vi) of paragraph a of subdivision two of this section,  provide  for  the  expenditure  of  an amount  which  shall  be  not  less  than  the  amount  approved  by the commissioner in  the  contract  for  excellence  for  the  two  thousand thirteen--two  thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for  the  two thousand  fourteen--two thousand fifteen school year, unless all schools in the district are identified as  in  good  standing,  shall  submit  a contract  for  excellence  for  the  two  thousand fifteen--two thousand sixteen school year which shall,  notwithstanding  the  requirements  of subparagraph  (vi)  of  paragraph  a of subdivision two of this section, provide for the expenditure of an amount which shall be  not  less  than the  amount  approved by the commissioner in the contract for excellence for the two thousand fourteen--two thousand  fifteen  school  year;  and provided  further  that  a school district that submitted a contract for excellence for the two thousand  fifteen--two  thousand  sixteen  school year,  unless  all  schools  in  the  district are identified as in good standing, shall submit a contract for excellence for  the  two  thousand sixteen--two thousand seventeen school year which shall, notwithstanding the  requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner  in  the  contract for excellence for the two thousand fifteen--two thousand sixteen school year;  and  provided  further  that,  a school district that submitted a contract for excellence  for  the  two  thousand  sixteen--two  thousand seventeen school year, unless all schools in the district are identified as  in good standing, shall submit a contract for excellence for the two thousand seventeen--two  thousand  eighteen  school  year  which  shall, notwithstanding  the requirements of subparagraph (vi) of paragraph a of subdivision two of this section,  provide  for  the  expenditure  of  an  amount  which  shall  be  not  less  than  the  amount  approved  by the commissioner in  the  contract  for  excellence  for  the  two  thousand sixteen--two thousand seventeen school year; and provided further that a school  district  that  submitted  a contract for excellence for the two thousand  seventeen--two  thousand  eighteen  school  year,  unless  all schools in the district are identified as in good standing, shall submit a  contract  for  excellence for the two thousand eighteen--two thousand nineteen school year which shall, notwithstanding  the  requirements  of subparagraph  (vi)  of  paragraph  a of subdivision two of this section, provide for the expenditure of an amount which shall be  not  less  than the  amount  approved by the commissioner in the contract for excellence for the two thousand seventeen--two thousand eighteen school  year;  and provided  further  that, a school district that submitted a contract for excellence for the two thousand eighteen--two thousand  nineteen  school year,  unless  all  schools  in  the  district are identified as in good standing, shall submit a contract for excellence for  the  two  thousand nineteen--two  thousand  twenty school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision  two of this section, provide for the expenditure of an amount which shall be not  less  than  the amount approved by the commissioner in the contract for excellence for the  two  thousand  eighteen--two  thousand  nineteen school year; and provided further that, a school district that submitted a  contract  for  excellence for the two thousand nineteen--two thousand twenty school year, unless all schools in the district are identified as in good standing, shall submit a contract for  excellence  for  the  two thousand  twenty--two  thousand  twenty-one  school  year  which  shall, notwithstanding the requirements of subparagraph (vi) of paragraph a  of subdivision  two  of  this  section,  provide  for the expenditure of an amount which  shall  be  not  less  than  the  amount  approved  by  the commissioner  in  the  contract  for  excellence  for  the  two thousand nineteen--two thousand twenty school year; and provided further that,  a school  district  that  submitted  a contract for excellence for the two thousand twenty--two thousand twenty-one school year, unless all schools in the district are identified as  in  good  standing,  shall  submit  a contract  for  excellence  for the two thousand twenty-one--two thousand twenty-two school year which shall, notwithstanding the requirements  of subparagraph  (vi)  of  paragraph  a of subdivision two of this section, provide for the expenditure of an amount which shall be  not  less  than the  amount  approved by the commissioner in the contract for excellence for the two thousand twenty--two thousand twenty-one  school  year.  For purposes  of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one minus the quotient of the  sum  of the  school  district's  net gap elimination adjustment for two thousand ten--two thousand eleven computed pursuant to chapter fifty-three of the laws of two thousand ten,  making  appropriations  for  the  support  of government,  plus  the  school district's gap elimination adjustment for two thousand eleven--two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand  eleven,  making  appropriations for  the  support  of the local assistance budget, including support for general support for  public  schools,  divided  by  the  total  aid  for adjustment  computed  pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the local assistance  budget, including  support  for  general  support  for public schools. Provided, further, that such amount shall be  expended  to  support  and  maintain allowable programs and activities approved in the two thousand nine--two thousand  ten  school  year  or  to  support  new  or expanded allowable programs and activities in the current year.    2. a. (i) In a common, union free, central, central high school, or  a city  school district in a city having less than one hundred twenty-five thousand inhabitants, required to  prepare  a  contract  for  excellence pursuant  to  subdivision  one of this section and, as of April first of the  base year, does not contain any schools identified as in corrective action or restructuring status  or  requiring  academic  progress:  year three  or above, each contract for excellence shall describe how the sum of the amounts apportioned to the school district in the current year as total foundation aid, in excess of  one  hundred  four  percent  of  the district's  foundation  aid  base,  as  adjusted  for additional amounts payable as charter school basic tuition over such amount payable in  the base  year,  shall be used to support new programs and new activities or redesign or expand the use of programs and  activities  demonstrated  to improve  student  achievement;  provided however, up to fifty percent of additional funding received in the current year may be used to  maintain investments  in  programs  and  activities  listed  in  paragraph  a  of subdivision three of this section.  (ii) In a common, union free, central, central high school, or a  city school  district  in  a  city  having  less than one hundred twenty-five thousand inhabitants, required to  prepare  a  contract  for  excellence pursuant  to  subdivision  one of this section and, as of April first of the base year, has at least  one  school  identified  as  in  corrective action  or  restructuring  status  or  requiring academic progress: year three or above, each contract for excellence shall describe how the  sum of the amounts apportioned to the school district in the current year as total  foundation  aid,  in  excess  of  one hundred four percent of the district's foundation aid  base,  as  adjusted  for  additional  amounts payable  as charter school basic tuition over such amount payable in the base year, shall be used to support new programs and new  activities  or redesign  or  expand  the use of programs and activities demonstrated to improve student achievement; provided however, up to thirty-five percent of additional funding received in  the  current  year  may  be  used  to maintain  investments in the programs and activities listed in paragraph a of subdivision three of this section.  (iii) In a city school district in a city having a population  of  one hundred  twenty-five  thousand  or  more  inhabitants  but less than one million inhabitants that  either  receives  a  supplemental  educational improvement  plan  grant  or  is  required  to  submit  a  contract  for excellence based solely upon the criteria specified in  paragraph  b  of subdivision  one  of  this  section,  each contract for excellence shall describe how the sum of the amounts apportioned to the  school  district in  the  current  year  as  total  foundation  aid,  and as supplemental educational improvement plan grants,  in  excess  of  one  hundred  four percent  of  such  aid  apportioned to the district in the base year, as adjusted for additional amounts payable as charter school basic  tuition over  such amount payable in the base year, shall be used to support new programs and new activities or redesign or expand the  use  of  programs and  activities  demonstrated  to  improve student achievement; provided however, up to fifty percent  of  additional  funding  received  in  the current  year  may  be  used to maintain investments in the programs and activities listed in paragraph a of subdivision three of this section.  (iv) In a city school district in a city having a  population  of  one hundred  twenty-five  thousand  or  more  inhabitants  but less than one million inhabitants that satisfies the criteria specified in paragraph a of subdivision one of this section and does not receive  a  supplemental educational  improvement  plan grant, each contract for excellence shall describe how the sum of the amounts apportioned to the  school  district in  the  current  year as total foundation aid, in excess of one hundred  three percent of the district's foundation aid  base,  as  adjusted  for additional  amounts  payable  as  charter school basic tuition over such amount payable in the base year, shall be used to support  new  programs and  new  activities  or  expand  the  use  of  programs  and activities demonstrated to improve student achievement;  provided  however,  up  to twenty-five  percent  of additional funding received in the current year may be used to maintain  investments  in  the  programs  and  activities listed in paragraph a of subdivision three of this section.  (v)  In  a  city  school district in a city having a population of one million or more inhabitants, each contract for excellence shall describe how the amounts apportioned to the school district in the  current  year as  total  foundation  aid and academic achievement grants, in excess of one hundred three percent of the  district's  foundation  aid  base,  as adjusted  for additional amounts payable as charter school basic tuition over such amount payable in the base year, shall be used to support  new programs and new activities or expand the use of programs and activities demonstrated  to  improve  student  achievement; provided however, up to thirty million dollars or  twenty-five  percent  of  additional  funding received in the current year, whichever is less, may be used to maintain investments  in  the  programs  and  activities listed in paragraph a of subdivision three of this section.  (vi) Each contract for excellence  for  a  school  district  that  was required  to  prepare  a  contract for excellence in the base year shall provide for the  expenditure  of  an  amount  equivalent  to  the  total budgeted  amount approved by the commissioner in the district's approved contract for excellence for the base year;  provided  that  such  amount shall  be  expended  to  support  and  maintain  allowable  programs and activities approved in the base year  or  to  support  new  or  expanded allowable programs and activities in the current year.  (vii)  (A)  Notwithstanding any other provision of this section to the contrary, a school district that submitted a contract for excellence for the two thousand seven--two thousand  eight  school  year  and  the  two thousand  eight--two thousand nine school year and is required to submit a contract for excellence for the two thousand  nine--two  thousand  ten school  year but did not fully expend all of its two thousand seven--two thousand eight foundation aid subject to  the  contract  for  excellence restrictions  during  the  two thousand seven--two thousand eight school year may re-allocate and expend such unexpended  funds  during  the  two thousand  eight--two  thousand  nine and two thousand nine--two thousand ten school years for allowable  contract  for  excellence  programs  and activities  as  defined in subdivision three of this section in a manner prescribed by the commissioner. For purposes of determining  maintenance of  effort  pursuant  to subparagraph (vi) of this paragraph for the two thousand eight--two thousand nine school year, funds  expended  pursuant to  this  subparagraph  shall  be  included in the total budgeted amount approved by the commissioner in the district's contract  for  excellence for  the  two  thousand  seven--two thousand eight school year; provided that such amount shall not be counted  more  than  once  in  determining maintenance of effort for the two thousand nine--two thousand ten school year or thereafter.  (B)  Notwithstanding  any  other  provision  of  this  section  to the contrary, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year but  did  not  fully expend  all  of  its  two thousand nine--two thousand ten foundation aid subject to the contract  for  excellence  restrictions  during  the  two thousand  nine--two  thousand ten school year may re-allocate and expend such unexpended funds  during  the  two  thousand  eleven--two  thousand twelve  school  year  for allowable contract for excellence programs and  activities as defined in subdivision three of this section in  a  manner prescribed  by  the commissioner; provided that such amount shall not be counted more than once in determining any maintenance of effort pursuant to this section.   b.  (i)  The  contract  shall specify the new or expanded programs for which additional amounts of such total foundation aid, or grant shall be used and shall affirm that such  programs  shall  predominately  benefit students  with the greatest educational needs including, but not limited to, those students with limited English proficiency, students in poverty and students with disabilities.  (ii) In a city school district in a city having a  population  of  one million  or  more inhabitants such contract shall also include a plan to reduce average class sizes, as defined by the commissioner, within  five years  for the following grade ranges: (A) pre-kindergarten-third grade; (B) fourth-eighth grade; and (C) high school. Such  plan  shall  include class size reduction for low performing and overcrowded schools and also include  the methods to be used to achieve such class sizes, such as the creation or construction of more classrooms and  school  buildings,  the placement  of  more  than  one  teacher  in  a  classroom  or methods to otherwise reduce the student to teacher ratio; provided,  however,  that notwithstanding  any  law,  rule or regulation to the contrary, the sole and exclusive remedy  for  a  violation  of  the  requirements  of  this paragraph  shall  be  pursuant  to  a petition to the commissioner under subdivision seven of section three hundred ten of this  title,  and  the decision  of  the  commissioner  on  such  petition  shall  be final and unreviewable.  (iii) A city school district in a city  having  a  population  of  one million  or  more inhabitants shall prepare a report to the commissioner on the status of the implementation of its plan to reduce average  class sizes pursuant to subparagraph (ii) of this paragraph. Such report shall identify  all  schools  that  received  funds  targeted  at  class  size reduction efforts pursuant to  the  requirements  of  this  section  and provide the following information regarding such schools:  (A)  the  amount  of  contract  for  excellence funds received by each school and the school year in which it received such funds;  (B) a detailed  description  of  how  contract  for  excellence  funds contributed  to  achieving  class  size  reduction  in  each school that received such funding including specific information on  the  number  of classrooms  in  each school that existed prior to receiving contract for excellence funds and the number of new classrooms that were  created  in each  school  for  each  year  such  funding was received, the number of classroom teachers that  existed  in  each  school  prior  to  receiving contract  for  excellence funds and the number of new classroom teachers in each school for each year such funding was received, the  student  to teacher  ratio in each school prior to receiving contract for excellence funds and the student to teacher ratio in each school for each year such funding was received;  (C) the actual  student  enrollment  for  the  two  thousand  six--two thousand  seven  school  year, the actual student enrollment for the two thousand seven--two thousand  eight  school  year,  the  actual  student enrollment  for  the  two thousand eight--two thousand nine school year, and the projected student enrollment  for  the  two  thousand  nine--two thousand ten school year for each school by grade level;  (D)  the  actual  average  class  sizes  for the two thousand six--two thousand seven school year, the actual average class sizes for  the  two thousand seven--two thousand eight school year, the actual average class sizes for the two thousand eight--two thousand nine school year, and the  projected  average  class  sizes for the two thousand nine--two thousand ten school year for each school by grade level; and  (E)  the schools that have made insufficient progress toward achieving the class size reduction goals outlined in the approved five year  class size  reduction plan pursuant to subparagraph (ii) of this paragraph and a detailed description of the actions that will be taken to reduce class sizes in such schools.   Such report shall be  submitted  to  the  commissioner  on  or  before November  seventeenth,  two thousand nine and shall be made available to the public by such date.   c. The contract for excellence shall state, for all  funding  sources, whether  federal,  state  or  local,  the instructional expenditures per pupil, the special education  expenditures  per  pupil,  and  the  total expenditures  per  pupil,  projected  for  the current year and actually incurred in the base year.   3. a. The commissioner shall adopt regulations establishing  allowable programs  and  activities  intended to improve student achievement which shall be limited to:  (i)  class  size  reduction,  (ii)  programs  that increase  student  time  on task, including but not limited to, academic after-school programs, (iii) teacher and principal quality  initiatives, (iv)  middle  school  and  high  school re-structuring, (v) expansion or replication of  effective  model  programs  for  students  with  limited English  proficiency, and (vi) full-day kindergarten or prekindergarten. Provided, however, that districts may use up to fifteen percent  of  the additional  funding  they  receive for experimental programs designed to demonstrate  the  efficacy  of  other  strategies  to  improve   student achievement  consistent  with  the intent of this section and, in school year two thousand  seven--two  thousand  eight,  up  to  thirty  million dollars  or twenty-five percent of such additional funding, whichever is less, may be used to maintain investments  in  programs  and  activities listed  in  this  subdivision. Any such district seeking to implement an experimental program shall first  submit  a  plan  to  the  commissioner setting  forth  the  need  for  such  experimental  program and how such program will improve student performance.   b. The commissioner shall assist  school  districts  that  include  in their   contract   for  excellence  the  implementation  of  incentives, developed in collaboration with teachers in  the  collective  bargaining process,  for  highly  qualified and experienced teachers to work in low performing schools to ensure that such incentives are effective.   4. a. A district's contract for excellence for the academic  year  two thousand  eight--two  thousand  nine  and thereafter, shall be developed through a public process, in consultation with  parents  or  persons  in parental  relation,  teachers,  administrators,  and  any  distinguished educator appointed pursuant to section  two  hundred  eleven-c  of  this chapter.   b.  Such  process shall include at least one public hearing. In a city school district in a city of one million or more inhabitants,  a  public hearing  shall  be held within each county of such city. A transcript of the testimony presented at such public hearings shall be  included  when the contract for excellence is submitted to the commissioner, for review when  making  a  determination  pursuant  to  subdivision  five  of this section.   c. In a city school  district  in  a  city  of  one  million  or  more inhabitants,  each  community  district contract for excellence shall be consistent with the  citywide  contract  for  excellence  and  shall  be submitted  by  the  community  superintendent  to the community district education council for review and comment at a public meeting.    d. For the two thousand seven--two thousand eight school year,  school districts   shall   solicit   public  comment  on  their  contracts  for excellence.   5.  Each  contract  for excellence shall be subject to approval by the commissioner and his  or  her  certification  that  the  expenditure  of additional aid or grant amounts is in accordance with subdivision two of this section.   6.  The  school district audit report certified to the commissioner by an independent certified public accountant, an independent accountant or the comptroller of the city of New York pursuant to  section  twenty-one hundred  sixteen-a of this chapter shall include a certification by such accountant or comptroller in a form prescribed by the  commissioner  and that  the increases in total foundation aid and supplemental educational improvement plan grants have been used to supplement, and  not  supplant funds allocated by the district in the base year for such purposes.   7.  The trustees or board of education of each school district subject to this section, or the chancellor in the case of a city school district in a city  of  one  million  or  more  inhabitants,  shall  assure  that procedures are in place by which parents or persons in parental relation may   bring  complaints  concerning  implementation  of  the  district's contract for excellence.   a. In a city school  district  in  a  city  of  one  million  or  more inhabitants,  such procedures shall provide that complaints may be filed with  the  building  principal  with  an   appeal   to   the   community superintendent, or filed directly with the community superintendent, and that any appeal of the determination of a community superintendent shall be made to the chancellor.   b.  In  all  other districts, such procedures shall either provide for the filing of complaints with the building principals with an appeal  to the  superintendent  of  schools or for filing of the complaint directly with the superintendent of schools, and shall provide for an  appeal  to the  trustees  or  board  of  education  from  the  determination of the superintendent of schools.   c. The determination of the trustees or a board of  education  or  the chancellor may be appealed to the commissioner pursuant to section three hundred ten of this title.   8.  School  districts  subject to the provisions of this section shall publicly report the expenditure of total foundation aid in the form  and manner prescribed by the commissioner which shall ensure full disclosure of the use of such funds.   9.   The   department   shall  develop  a  methodology  for  reporting school-based  expenditures  by  all  school  districts  subject  to  the provisions of this section.