2023 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;  and
provided  further  that, a school district that submitted a contract for
excellence for the  two  thousand  twenty-one--two  thousand  twenty-two
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--two thousand twenty-three 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-one--two thousand twenty-two school year;  and  provided  further
that, a school district that submitted a contract for excellence for the
two  thousand  twenty-two--two thousand twenty-three 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-three--two
thousand  twenty-four  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--two   thousand
twenty-three  school  year;  provided,  however,  that, in a city school
district in  a  city  having  a  population  of  one  million  or  more,
notwithstanding  the requirements of subparagraph (vi) of paragraph a of
subdivision two of this  section,  the  contract  for  excellence  shall
provide  for  the  expenditure  as  set  forth  in  subparagraph  (v) of
paragraph a of subdivision two of this section.  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.
* NB Effective until July 1, 2024
* 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; and
provided further that, a school district that submitted a  contract  for
excellence  for  the  two  thousand  twenty-one--two thousand twenty-two
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--two thousand twenty-three 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-one--two  thousand  twenty-two  school year; and provided further
that, a school district that submitted a contract for excellence for the
two thousand twenty-two--two thousand twenty-three 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-three--two
thousand  twenty-four  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--two  thousand
twenty-three school year; and provided further that, a  school  district
that   submitted   a  contract  for  excellence  for  the  two  thousand
twenty-three--two thousand twenty-four 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-four--two  thousand
twenty-five 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-three--two thousand twenty-four school year;
provided, however, that, in a city school district in a  city  having  a
population  of  one million or more, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section, the
contract for excellence shall provide for the expenditure as  set  forth
in  subparagraph  (v) of paragraph a of subdivision two of this section.
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.
* NB Effective July 1, 2024
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, 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)  (A)  In  a city school district in a city having a population of
one million or more inhabitants such contract shall also include a plan,
which shall be developed in collaboration with the collective bargaining
units representing teachers and the principals  beginning  in  September
two  thousand  twenty-two  and  signed  off on by the chancellor and the
presidents of each  bargaining  unit,  to  reduce  actual  class  sizes,
beginning  September  two  thousand  twenty-three  and to be achieved by
September two thousand twenty-eight for all classes, with the  exception
of   physical   education   and   performing  groups,  as  follows:  (1)
kindergarten-third grade to have no more than twenty students per class;
(2) fourth-eighth grade to have no more than twenty-three  students  per
class; and (3) high school to have no more than twenty-five students per
class.  Physical education and performing groups shall have no more than
forty students per class at all  levels.  Each  year  of  the  plan,  an
additional twenty percent of the classrooms in the city school district,
excluding  special  education  classes,  shall be in compliance with the
class size targets such  that  the  city  school  district  is  in  full
compliance  by two thousand twenty-eight and all classes should maintain
the target class size. The class size reduction  plan  shall  prioritize
schools serving populations with higher poverty levels.
(B)  The class size reduction plan shall include any exemptions to the
class size targets. These exemptions shall be limited to: (1) space; (2)
over-enrolled students; (3)  license  area  shortages;  and  (4)  severe
economic  distress.  Any  such  exemptions  shall  be  approved  by  the
chancellor  and  the  presidents  of  the  collective  bargaining  units
representing  the  teachers and the principals as part of the class size
reduction  plan.  Should  the  chancellor  and  the  presidents  of  the
collective bargaining units representing the teachers and the principals
be  unable  to  reach agreement on the exemptions after thirty days, the
issue shall be determined by an arbitrator. In addition,  any  exemption
based on available space shall include a reference to the capital budget
to  demonstrate  that the budget is aligned with resolving the exemption
status. Exempted classes, for the years in which they  are  exempt,  and
special  education  classes  shall  not  count toward the twenty percent
target.
(C) The class size reduction plan shall also include the methods to be
used to achieve  the  class  size  targets,  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,  but only as a temporary measure until more
classrooms are made available in conformance with the plan. For elective
and  specialty  classes,  the  collective  bargaining  unit representing
teachers may negotiate class sizes  higher  than  the  targets  if  such
increase is approved by a majority of the staff in the school.
(iii)  A  city  school  district  in a city having a population of one
million or more inhabitants shall prepare annual reports, on  the  dates
set forth below, to the commissioner on the status of the implementation
of  its  plan to reduce actual class sizes pursuant to subparagraph (ii)
of this paragraph. Such report shall be publicly released and posted  on
the  city  school  district's  website,  identifying  all  schools  that
received funds targeted at class size reduction efforts pursuant to  the
requirements  of  this  section  and providing 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
classes in each school that existed  prior  to  receiving  contract  for
excellence funds and the number of new classes 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 current school year and the
projected student enrollment for  the  upcoming  school  year  for  each
school by grade level;
(D)  the  actual  class  sizes  for  the  current school year, and the
projected class sizes for the upcoming school year for  each  school  by
grade level;
(E)  the  annual  capital  plan for school construction and leasing to
show how many classrooms will be added in each year and in which schools
and districts to achieve the class size targets;
(F) how the school capacity and utilization formula is aligned to  the
class  size  targets  in the city school district's class size reduction
plan; and
(G) the schools that have made insufficient progress toward  achieving
the  class  size  reduction targets set forth in the approved 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.
The report shall  be  submitted  to  the  commissioner  on  or  before
November  fifteenth  two thousand twenty-three and on or before November
fifteenth of each year thereafter and made available to  the  public  by
such  date  on  the  city  school  district's website. If the department
determines that the  November  fifteenth  report  does  not  demonstrate
sufficient  decreases in class size, the department shall issue a letter
making that determination public on its  website  and  the  city  school
district  shall  immediately  submit a plan for corrective action, which
shall be developed in collaboration with the collective bargaining units
representing the teachers and the principals and signed off  on  by  the
chancellor  and  the  president  of each collective bargaining unit. The

city school  district's  corrective  action  plan  shall  also  be  made
available  to  the  public  on  the  city school district's website upon
submission to the department. The final corrective action plan shall  be
made available to the public upon approval by the department. The report
shall  also  be certified by the state or city comptroller that the city
school district's capital  and  education  funding  plans  will  provide
sufficient  space and staffing for the reduction in class size set forth
in this paragraph and, if not, what measures and/or  funding  should  be
added to the plan to achieve such targets.
(iv)  Provided  the commissioner approves and the city school district
remains in compliance with the class size reduction plan, as  set  forth
herein,  the  state  shall  take such compliance into consideration when
determining increases in foundation aid.
(v) In addition to the annual reports, the city school district  shall
submit  a financial impact statement on November fifteenth, two thousand
twenty-five. The financial impact statement may recommend a pause of the
class size reduction plan, but in no event may it result in a roll  back
or increase in class sizes.
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.
* NB Effective until July 1, 2023
* d.  In  a  city school district in a city of one million or more in-
habitants, the public process set forth in paragraphs  a  through  c  of
this  subdivision shall commence no later than thirty days after a state
budget is enacted each year and be completed no later than  thirty  days
after  its  commencement. Notice of the public process shall be provided
fifteen days prior to the commencement of the first public  hearing  and
shall  be  posted  on  the  city  school  district's  website as well as
transmitted via email  to  school  administrators,  parent  and  teacher
organizations,  and  elected  officials.  The  proposed  plan  shall  be
submitted for state approval within two weeks following  the  completion
of  the  public  process.  The proposed plan shall be posted on the city
school district's website within twenty-four  hours  of  its  submission
along  with  a  summary  of  the  public  comments  and  the city school
district's explanation  and  reasons  for  which  public  comments  were
incorporated  into  the proposed plan and which public comments were not
incorporated into the proposed plan.
* NB Effective July 1, 2023
5. a. 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.
b.  In a city school district of one million or more inhabitants, upon
approval of the contract for excellence, one-third of the  contract  for
excellence  funds  shall  be  released  to the city school district. The
remainder of the funds shall be released to  the  city  school  district
upon   submission   of   the  November  fifteenth  report  described  in
subdivision two of  this  section,  only  if  such  report  demonstrates
sufficient  reduction  in  class  sizes,  and the remainder of the funds
shall be released upon submission by the city  school  district  of  the
corrective  action plan described in subdivision two of this section. In
the years following a year  which  required  a  corrective  action  plan
pursuant  to subdivision two of this section, no contract for excellence
funds shall be provided by the state until and  unless  such  corrective
action plan has been fully implemented.
6.  (a) Increases in total foundation aid and supplemental educational
improvement plan grants shall be used to supplement,  and  not  supplant
funds  allocated  by  the district in the base year for all purposes set
forth in subdivision three of this section. In a city of one million  or
more,  the  city  school district will provide the collective bargaining
unit for teachers with  the  list  of  budget  codes  in  which  funding
provided  under  this  section is utilized for a budget that would begin
July first, two thousand twenty-five and after. Except in a city of  one
million  or  more,  the  school  district  audit report certified to the
commissioner  by  an  independent  certified  public  accountant  or  an
independent  accountant pursuant to section twenty-one hundred sixteen-a
of this chapter shall include a certification by such  accountant  in  a

form  prescribed  by  the  commissioner  of  compliance  with  the first
sentence of this subdivision.
(b)  Within  ten days of adoption of a budget by the city of New York,
an independent certified public accountant, or an independent accountant
or the comptroller of such city shall certify in a  form  prescribed  by
the  commissioner  that  (i)  an audit by such office has confirmed that
increases in total foundation aid and supplemental improvement grants in
the base year were used to supplement, and not supplant funds  allocated
by  the  district  in  the previous year and (ii) in the adopted budget,
increases in total foundation aid and  supplemental  improvement  grants
supplement,  not  supplant  funds  allocated by the district in the base
year for such purposes.
Upon a determination that either (i) increases in total foundation aid
and supplemental improvement grants  in  the  base  year  were  used  to
supplant  funds  allocated  by  the district, or (ii) increases in total
foundation aid and supplemental improvement grants as appropriated  will
supplant  funds allocated by the district in the base year, the district
shall be ordered to restore funds in such amounts as  to  eliminate  the
violation.
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.