2023 New York Laws › EDN - Education › Title 5 - Taxation and Financial Administration › Article 73 - Apportionment of Public Moneys › Part 4 - Special Apportionments and Grants-in-Aid › 3641 - Special Apportionments and Grants-in-Aid to School Districts.

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