2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 7 - Commissioner of Education › 305 - General Powers and Duties.

§  305.  General  powers  and duties. The commissioner of education is
hereby charged with the following powers and duties:
1. He is the chief executive officer of the state system of  education
and  of  the  board of regents. He shall enforce all general and special
laws relating to the educational system of the  state  and  execute  all
educational policies determined upon by the board of regents.
2. He shall have general supervision over all schools and institutions
which  are  subject to the provisions of this chapter, or of any statute
relating to education, and shall cause  the  same  to  be  examined  and
inspected,  and  shall  advise  and  guide  the  school  officers of all
districts and cities of the state in relation to their  duties  and  the
general  management of the schools under their control. Additionally, he
shall cause to be prepared and distributed to  school  officers  of  all
districts, nonpublic schools and cities of the state timely notice as to
alternate  sources of funding for specific programs or purposes such as,
but not limited to, grants to be awarded on  the  basis  of  competitive
proposals  by  state  or  federal  agencies  or from an approved private
source. Such notice shall include information as to proposal  submission
deadlines,  eligibility  standards  and  other  relevant  information to
assist school officers in making application for such alternate  sources
of  funding.  The  commissioner  shall  not  be  liable  for any damages
resulting from failure to give notice under this subdivision.
3. He shall have general  supervision  of  industrial  schools,  trade
schools  and  schools  of agriculture, mechanic arts and home making; he
shall prescribe regulations governing  the  licensing  of  the  teachers
employed therein; and he is hereby authorized, empowered and directed to
provide  for the inspection of such schools, to take necessary action to
make effectual the provisions therefor, and to advise and assist  boards
of  education  in  the  several  cities  and  school  districts  in  the
establishment, organization and management of such schools.
4. He shall also have general  supervision  over  the  state  teachers
colleges  and  state colleges for teachers which have been, or which may
hereafter be, established as required by the provisions of this chapter.
5. He shall be ex officio a trustee of Cornell university.
6. He shall be responsible for the safe keeping and proper use of  the
department  and  university  seal  and  of  the books, records and other
property in charge of the regents, and for the proper administration and
discipline of the  various  officers  and  divisions  of  the  education
department.
7.  The  commissioner  may  annul  upon  cause  shown  to  his  or her
satisfaction any certificate of qualification granted to  a  teacher  by
any authority whatever or declare any diploma issued by a state teachers
college  and  state  colleges  for  teachers  ineffective  and null as a
qualification to teach a  public  school  within  this  state,  and  the
commissioner  may  reconsider  and reverse his or her action in any such
matter. In a proceeding brought pursuant to this subdivision on  charges
against  a  certified teacher, the commissioner shall also be authorized
to impose as a penalty:
a. suspension of a teaching certificate or license:
(1) wholly for a fixed period of time; or
(2) partially, until the teacher successfully completes  a  course  of
retraining in the area to which the suspension applies; or
(3)  wholly,  until  the  teacher  successfully  completes a course of
therapy or treatment;
b.  limitation  of  the  scope  of  a  teaching  certificate   through
revocation of an extension to teach additional subjects or grades;
c. a fine not to exceed five thousand dollars; or
d.  a  requirement  that  the  teacher  pursue  a course of continuing
education or training.
The  attorney general shall, at the request of the commissioner or the
director of the division of the budget, bring an action in the  name  of
the  people  of  the  state  of New York to enforce and collect any fine
imposed pursuant to this subdivision. In any such action,  the  findings
and  determination  of  the  hearing  officer or hearing panel or of the
commissioner shall be admissible evidence and shall be conclusive  proof
of  the  violation  and  the  penalty  assessed.  For  purposes  of this
subdivision, the term "teacher" shall  mean  any  professional  educator
holding  a teaching certificate or license, including but not limited to
a  classroom  teacher,  teaching  assistant,  pupil  personnel  services
professional,  school  administrator  or supervisor or superintendent of
schools.
7-a. a. In addition to the authority to revoke and annul a certificate
of qualification of a  teacher  in  a  proceeding  brought  pursuant  to
subdivision seven of this section, the commissioner shall be authorized,
and  it shall be his or her duty, to revoke and annul in accordance with
this subdivision the teaching certificate of a teacher  convicted  of  a
sex  offense  for  which  registration  as  a  sex  offender is required
pursuant to article six-C of the correction law or of any other  violent
felony offense or offenses committed against a child when such child was
the intended victim of such offense.
b.  As  used  in  this subdivision, the following terms shall have the
following meanings:
(1) "conviction" means any conviction whether by  plea  of  guilty  or
nolo contendere or from a verdict after trial or otherwise;
(2)  "sex  offense"  means  an offense set forth in subdivision two or
three of section  one  hundred  sixty-eight-a  of  the  correction  law,
including  an  offense  committed  in  any  jurisdiction  for  which the
offender is required to register as a sex offender in New York;
(3) "teacher" means  any  professional  educator  holding  a  teaching
certificate as defined in subparagraph four of this paragraph, including
but  not  limited  to  a  classroom  teacher,  teaching assistant, pupil
personnel services professional, school administrator or  supervisor  or
superintendent of schools;
(4)  "teaching  certificate" means the certificate or license or other
certificate of qualification granted  to  a  teacher  by  any  authority
whatsoever; and
(5)   "violent  felony  offense"  means  any  offense  as  defined  in
subdivision one of section 70.02 of the penal law.
c. Upon receipt of a certified  copy  of  a  criminal  history  record
showing  that  a  teacher  has  been  convicted  of a sex offense or sex
offenses or a violent felony offense or  offenses  committed  against  a
child  when  such  child was the intended victim of such offense or upon
receipt of notice of such a conviction as provided  in  paragraph  d  of
this  subdivision, the commissioner shall automatically revoke and annul
the teaching certificate of such teacher without the right to a hearing.
The commissioner shall mail  notice  of  the  revocation  and  annulment
pursuant   to   this  subdivision  by  certified  mail,  return  receipt
requested, and by first-class mail  directed  to  the  teacher  at  such
teacher's  last  known address and, if different, the last address filed
by the certificate holder with the commissioner  and  to  the  teacher's
counsel  of  record in the criminal proceeding as reported in the notice
pursuant to paragraph d of this subdivision. Such  notice  shall  inform
the  teacher  that his or her certificate has been revoked and annulled,
identify the sex offense or sex offenses or violent  felony  offense  or
offenses  committed  against  a  child  when such child was the intended

victim of such offense of which the teacher has been convicted and shall
set forth the procedure to follow if the teacher denies he or she is the
person  who  has  been  so  convicted.  If  such  teacher  notifies  the
commissioner  in  writing  within  twenty-five  days  after  the date of
receipt of the notice that he or she is  not  the  same  person  as  the
convicted  offender  identified  in  the  criminal  record or identified
pursuant  to  paragraph  d  of  this  subdivision,  provides  proof   to
reasonably  support  such  claim  and  the commissioner is satisfied the
proof establishes  such  claim,  the  commissioner  shall,  within  five
business  days  of  the  receipt  of  such proof, restore such teacher's
teaching  certificate  retroactive  to  the  date  of   revocation   and
annulment.
d.  Upon  conviction  of  a  teacher  of a sex offense defined in this
subdivision, the district attorney or other  prosecuting  authority  who
obtained  such conviction shall provide notice of such conviction to the
commissioner identifying the sex offense  or  sex  offenses  or  violent
felony offense or offenses committed against a child when such child was
the  intended  victim  of  such  offense  of  which the teacher has been
convicted, the name and address of such offender and  other  identifying
information  prescribed  by  the  commissioner, including the offender's
date of birth and social security number, to the extent consistent  with
federal and state laws governing personal privacy and confidentiality of
information.  Such  notice  shall  also  include  the  name and business
address of the offender's counsel of record in the criminal proceeding.
e. Upon receipt of proof  that  the  conviction  or  convictions  that
formed  the basis for revocation and annulment of the teacher's teaching
certificate pursuant to this subdivision have been set aside upon appeal
or otherwise reversed, vacated or annulled, the  commissioner  shall  be
required  to conduct a due process hearing pursuant to subdivision seven
of this section and part eighty-three of title eight  of  the  New  York
codes,  rules  and  regulations  prior  to  making a determination as to
whether to reinstate the teacher's original teaching  certificate.  Such
determination shall be made within ninety days after such proof has been
received.
f.  Except  as  provided  in  paragraph  g  of  this  subdivision, and
notwithstanding any other provision of law to the  contrary,  a  teacher
shall  be  reinstated  to  his or her position of employment in a public
school, with full back pay  and  benefits  from  the  date  his  or  her
certificate  was  revoked or annulled to the date of such reinstatement,
under the following circumstances:
(i) The termination of employment was based solely on  the  conviction
of  a sex offense, or conviction of a violent felony offense or offenses
committed against a child when such child was  the  intended  victim  of
such  offense  or  the revocation or annulment of a certificate based on
such conviction, and such conviction has been set  aside  on  appeal  or
otherwise  reversed,  vacated  or  annulled  and  the  commissioner  has
reinstated the teacher's certification pursuant to paragraph e  of  this
subdivision; or
(ii)  The termination of employment was based solely on the conviction
of a sex offense or violent felony offense or offenses committed against
a child when such child was the intended victim of such offense  and  it
has  been  determined  that  the  teacher  is not the same person as the
convicted offender.
g. If  a  teacher's  employment  was  terminated  as  a  result  of  a
disciplinary  proceeding  conducted  pursuant  to section three thousand
twenty-a  of  this  chapter  or  other  disciplinary  hearing  conducted
pursuant to any collective bargaining or contractual agreement on one or
more  grounds  other than conviction of a sex offense, or the revocation

or annulment of a certificate based on such conviction, then nothing  in
paragraph  f  of  this  subdivision  shall  require a school district to
reinstate employment of such teacher  or  be  liable  for  back  pay  or
benefits.
h.  No  provision  of  this  article  shall  be deemed to preclude the
following: (i) the commissioner from conducting a  due  process  hearing
pursuant  to  subdivision seven of this section and part eighty-three of
title eight of the New York codes, rules  and  regulations;  or  (ii)  a
school   district  or  employing  board  from  bringing  a  disciplinary
proceeding pursuant to section three thousand twenty-a or three thousand
twenty-b of this chapter; or (iii) a school district or employing  board
from  bringing an alternative disciplinary proceeding conducted pursuant
to a collective bargaining or contractual agreement.
i. The commissioner shall be authorized to promulgate any  regulations
necessary to implement the provisions of this subdivision.
7-b. a. In addition to the authority to revoke and annul a certificate
of  qualification  of  a  teacher  in  a  proceeding brought pursuant to
subdivisions seven and seven-a of this section, the  commissioner  shall
be  authorized,  and it shall be his or her duty, to revoke and annul in
accordance  with  this  subdivision  the   certificate   of   a   school
administrator  or  supervisor  convicted  of  an  offense  listed  under
subparagraph two of paragraph b of this subdivision.
b. As used in this subdivision, the following  terms  shall  have  the
following meanings:
(1)  "conviction"  means  any  conviction whether by plea of guilty or
nolo contendere or from a verdict after trial or otherwise;
(2) "offense" means defrauding the government as  defined  in  section
195.20  of the penal law, and any such offense in any other jurisdiction
which includes all of the elements  of  such  felony  and  for  which  a
sentence  to a term of imprisonment in excess of one year was authorized
and is authorized in such state, irrespective of whether  such  sentence
was imposed;
(3) "school administrator or supervisor" means any professional school
district  administrator,  school  administrator or supervisor, or school
business administrator holding a certificate as defined in  subparagraph
four of this paragraph; and
(4)   "certificate"   means   the  certificate  or  license  or  other
certificate of qualification granted to qualify an individual  to  serve
as a school administrator or supervisor by any authority whatsoever.
c.  Upon  receipt  of  a  certified  copy of a criminal history record
showing that a school administrator or supervisor has been convicted  of
an  offense  as  defined  in  subparagraph  two  of  paragraph b of this
subdivision or upon receipt of notice of such a conviction  as  provided
in paragraph d of this subdivision, the commissioner shall automatically
revoke  and  annul  the  certificate  of  such  school  administrator or
supervisor without the right to a hearing. The commissioner  shall  mail
notice of the revocation pursuant to this subdivision by certified mail,
return receipt requested, and by first-class mail directed to the school
administrator's  or  supervisor's  last known address and, if different,
the last address filed by the certificate holder with  the  commissioner
and  to  the school administrator's or supervisor's counsel of record in
the criminal proceeding as reported in the notice pursuant to  paragraph
d of this subdivision. Such notice shall inform the school administrator
or supervisor that his or her certificate has been revoked and annulled,
identify the offense of which the school administrator or supervisor has
been convicted and shall set forth the procedure to follow if the school
administrator  or supervisor denies he or she is the person who has been
so convicted. If such school administrator or  supervisor  notifies  the

commissioner  in  writing  within  twenty-five  days  after  the date of
receipt of the notice that he or she is  not  the  same  person  as  the
convicted  offender  identified  in  the  criminal record, or identified
pursuant   to  paragraph  d  of  this  subdivision,  provides  proof  to
reasonably support such claim and  the  commissioner  is  satisfied  the
proof  establishes  such  claim,  the  commissioner  shall,  within five
business days  of  the  receipt  of  such  proof,  restore  such  school
administrator's  or supervisor's teaching certificate retroactive to the
date of revocation and annulment.
d. Upon conviction of a  school  administrator  or  supervisor  of  an
offense  defined in subparagraph two of paragraph b of this subdivision,
the district attorney or other prosecuting authority who  obtained  such
conviction  shall  provide notice of such conviction to the commissioner
identifying the offense of which the school administrator or  supervisor
has  been  convicted,  the  name  and address of such offender and other
identifying information prescribed by the  commissioner,  including  the
offender's  date  of  birth  and  social  security number, to the extent
consistent with federal and state laws governing  personal  privacy  and
confidentiality   of   information.  Such  district  attorney  or  other
prosecuting authority shall include in such notice the name and business
address of the offender's counsel of record in the criminal proceeding.
e. Upon receipt of proof  that  the  conviction  or  convictions  that
formed   the   basis   for   revocation  and  annulment  of  the  school
administrator's or supervisor's certificate pursuant to this subdivision
have been set aside  upon  appeal  or  otherwise  reversed,  vacated  or
annulled,  the  commissioner  shall be required to conduct a due process
hearing  pursuant  to  subdivision  seven  of  this  section  and   part
eighty-three of title eight of the New York codes, rules and regulations
prior  to  making  a determination as to whether to reinstate the school
administrator's or supervisor's original certificate. Such determination
shall be made within ninety days after such proof has been received.
f. Except  as  provided  in  paragraph  g  of  this  subdivision,  and
notwithstanding  any  other  provision  of law to the contrary, a school
administrator or supervisor shall be reinstated to his or  her  position
of  employment  in  a public school or public school district, with full
back pay and benefits from the date his or her certificate  was  revoked
or  annulled  to  the  date  of  such reinstatement, under the following
circumstances:
(1) The termination of employment was based solely on  the  conviction
of  an  offense  defined  in  subparagraph  two  of  paragraph b of this
subdivision, or the revocation or annulment of a  certificate  based  on
such  conviction,  and  such  conviction has been set aside on appeal or
otherwise  reversed,  vacated  or  annulled  and  the  commissioner  has
reinstated  the  school  administrator's  or  supervisor's certification
pursuant to paragraph e of this subdivision; or
(2) The termination of employment was based solely on  the  conviction
of  an  offense  defined  in  subparagraph  two  of  paragraph b of this
subdivision and it has been determined that the school administrator  or
supervisor is not the same person as the convicted offender.
g.   If  a  school  administrator's  or  supervisor's  employment  was
terminated as a result of a disciplinary proceeding  conducted  pursuant
to section three thousand twenty-a of this chapter or other disciplinary
hearing  conducted  pursuant to any collective bargaining or contractual
agreement on one or more grounds other than  conviction  of  an  offense
defined  in  subparagraph two of paragraph b of this subdivision, or the
revocation or annulment of a certificate based on such conviction,  then
nothing  in  paragraph  f  of  this  subdivision  shall require a school

district to reinstate the employment of  such  school  administrator  or
supervisor or be liable for back pay or benefits.
h.  No  provision  of  this  article  shall  be deemed to preclude the
following: (1) the commissioner from conducting a  due  process  hearing
pursuant  to  subdivision seven of this section and part eighty-three of
title eight of the New York codes,  rules  and  regulations;  or  (2)  a
school   district  or  employing  board  from  bringing  a  disciplinary
proceeding pursuant to section three thousand twenty-a of this  chapter;
or (3) a school district or employing board from bringing an alternative
disciplinary proceeding conducted pursuant to a collective bargaining or
contractual agreement.
i.  The commissioner shall be authorized to promulgate any regulations
necessary to implement the provisions of this subdivision.
8. He shall cause to be prepared and keep in his office records of all
persons  who  have  received,  or   shall   receive,   certificates   of
qualification  to  teach or diplomas of the state teachers colleges, and
state colleges for teachers, with the  dates  thereof,  and  shall  note
thereon  all annulments of such certificates and diplomas, and reversals
thereof, with the dates and causes thereof,  together  with  such  other
particulars as he may deem expedient.
9.  The  commissioner  shall  procure  with the consent of the federal
authorities complete lists giving the names, ages and destination within
the state of all noncitizen children of school age and such other  facts
as will tend to identify them, and shall deliver copies of such lists to
the  several  boards  of  education  and school boards in the respective
localities within the state to which said children shall be destined, to
aid in the enforcement of the provisions of this chapter relative to the
compulsory attendance at school of children of school age.
10. He may administer oaths and take affidavits concerning any  matter
relating  to  the  duties  of his office or pertaining in any way to the
schools of the state or any part thereof.
11. He is hereby authorized to  furnish,  by  means  of  pictorial  or
graphic   representations,  additional  facilities  for  instruction  in
geography, history,  science  and  kindred  subjects,  to  the  schools,
institutions  and  organizations  under  the supervision of the regents.
Material collected for this purpose may, under regents'  general  rules,
be lent for a limited time to responsible institutions and organizations
for the benefit of artisans, mechanics and other citizens of the several
communities  of the state. He may from time to time enter into contracts
necessary for carrying out this provision.
12. The commissioner  of  education  is  authorized  and  directed  to
establish  and  provide  for  the  maintenance and conduct of courses of
study or training in state teachers  colleges  and  state  colleges  for
teachers   and  in  colleges  and  universities  and  other  educational
institutions and in connection with other educational agencies  for  the
purpose  of  training teachers in principles and methods of instruction,
and to give them knowledge to fit them  to  instruct  foreign  born  and
native  adults  and  minors  over  sixteen  years  of  age  in  evening,
extension, factory, home and community classes. Such  courses  of  study
shall  be prescribed by the commissioner of education and shall continue
for a period of not less than one year. No teacher employed to  instruct
foreign  born  and  native  adults  and minors over sixteen years of age
shall be employed by the state or compensated in whole or in part by the
state, unless he shall have completed such course of study  or  training
or  shall  have  an  equivalent  thereof  to  be  determined  under  the
regulations of the commissioner  of  education.  A  special  certificate
shall be issued to teachers who have completed such course of study or a
course  of  instruction  which is equivalent thereto, provided, however,

that temporary permits may be issued by the commissioner of education to
teachers  who  are  qualified  to  give  such  instruction  pending  the
completion of such a course of study or training.
12-a. The commissioner shall evaluate the effectiveness of all teacher
preparation  programs  in  the  state,  and  the  timelines and costs of
developing or modifying data systems to collect the necessary data. Such
study shall consider measuring the effectiveness of such programs  based
on  the academic performance of their students and graduates and through
other measures. The commissioner shall consult with the  chancellors  of
the  state  university  of New York and the city university of New York,
and other representatives of  institutions  of  higher  education.  Upon
completion of such study, the commissioner shall make recommendations to
the board of regents on implementation of such methodologies.
13.  The  commissioner  of  education  or  the  board  of education or
trustees  of  any  city  or  school  district  may   provide   for   the
establishment  of  courses  of  instruction  or  study  and  schools  in
connection with factories, places of employment, or in such other places
as he or they may deem advisable, for the purpose of giving  instruction
to  foreign-born  and  native  adults and minors over the age of sixteen
years.  Such course of instruction or study shall include instruction in
English, history, civics and other  subjects  tending  to  promote  good
citizenship  and  to  increase  vocational  efficiency.  Such  course of
instruction and  study  shall  be  prescribed  by  the  regents  of  the
university  of  the  state  of New York, and shall be in conformity with
rules to be adopted by them.
14. a. All contracts for the transportation of  school  children,  all
contracts  to maintain school buses owned or leased by a school district
that are used for the transportation of school children,  all  contracts
for  mobile  instructional units, and all contracts to provide, maintain
and operate cafeteria or restaurant service by a  private  food  service
management company shall be subject to the approval of the commissioner,
who  may  disapprove  a  proposed  contract if, in his opinion, the best
interests of the district will be promoted thereby. Except  as  provided
in  paragraph  e  of  this  subdivision, all such contracts involving an
annual expenditure in  excess  of  the  amount  specified  for  purchase
contracts in the bidding requirements of the general municipal law shall
be  awarded to the lowest responsible bidder, which responsibility shall
be determined by the board of education or the trustee  of  a  district,
with  power  hereby vested in the commissioner to reject any or all bids
if, in his opinion, the best interests of the district will be  promoted
thereby  and,  upon  such  rejection of all bids, the commissioner shall
order the board of education or trustee of the district to seek,  obtain
and  consider  new  proposals.  All  proposals  for such transportation,
maintenance, mobile instructional units,  or  cafeteria  and  restaurant
service  shall  be  in  such  form  as  the  commissioner may prescribe.
Advertisement for bids shall be published in a newspaper  or  newspapers
designated  by  the board of education or trustee of the district having
general  circulation  within  the  district  for  such   purpose.   Such
advertisement shall contain a statement of the time when and place where
all bids received pursuant to such advertisement will be publicly opened
and  read  either  by  the  school authorities or by a person or persons
designated by them. All bids received shall be publicly opened and  read
at  the  time  and  place  so specified. At least five days shall elapse
between the first publication of such  advertisement  and  the  date  so
specified  for  the  opening  and  reading  of bids. The requirement for
competitive bidding shall not apply to an award of a  contract  for  the
transportation  of  pupils or a contract for mobile instructional units,
if such award is based on an evaluation of proposals in  response  to  a

request  for  proposals pursuant to paragraph e of this subdivision. The
requirement for competitive bidding shall not apply to annual, biennial,
or triennial extensions of a contract  nor  shall  the  requirement  for
competitive bidding apply to quadrennial or quinquennial year extensions
of  a contract involving transportation of pupils, maintenance of school
buses or mobile instructional units secured either  through  competitive
bidding  or through evaluation of proposals in response to a request for
proposals pursuant  to  paragraph  e  of  this  subdivision,  when  such
extensions  (1)  are  made by the board of education or the trustee of a
district, under rules and regulations prescribed  by  the  commissioner,
and,  (2)  do  not extend the original contract period beyond five years
from the date cafeteria and restaurant service commenced thereunder  and
in  the  case  of  contracts  for  the transportation of pupils, for the
maintenance of school buses or for mobile instructional units, that such
contracts may be extended, except that power is  hereby  vested  in  the
commissioner, in addition to his existing statutory authority to approve
or disapprove transportation or maintenance contracts, (i) to reject any
extension of a contract beyond the initial term thereof if he finds that
amount  to be paid by the district to the contractor in any year of such
proposed extension  fails  to  reflect  any  decrease  in  the  regional
consumer  price  index for the N.Y., N.Y.-Northeastern, N.J. area, based
upon the index for all urban  consumers  (CPI-U)  during  the  preceding
twelve  month  period;  and  (ii)  to reject any extension of a contract
after ten years from the  date  transportation  or  maintenance  service
commenced thereunder, or mobile instructional units were first provided,
if  in  his opinion, the best interests of the district will be promoted
thereby. Upon such rejection of any proposed extension, the commissioner
may order the board of education or trustee of  the  district  to  seek,
obtain and consider bids pursuant to the provisions of this section. The
board  of  education  or  the  trustee  of a school district electing to
extend a contract as provided herein, may, in its  discretion,  increase
the  amount  to  be  paid  in  each year of the contract extension by an
amount not to exceed the regional consumer price index increase for  the
N.Y.,  N.Y.-Northeastern,  N.J. area, based upon the index for all urban
consumers (CPI-U), during the preceding twelve month period, provided it
has been satisfactorily established by the  contractor  that  there  has
been  at  least  an  equivalent  increase  in  the amount of his cost of
operation, during the period of the contract.
b. Notwithstanding the provisions of paragraph a of this  subdivision,
in  the  case  of  any  emergency  arising  out  of an accident or other
unforeseen  occurrence  or  condition  affecting  pupil   transportation
services  within a district, and requiring immediate action which cannot
await competitive bidding, interim contracts  for  pupil  transportation
services  may  be  let  by the board of education or the trustee of such
district for a period not to exceed one month, pending the  award  of  a
contract  for  such  services  in  compliance  with  the  provisions  of
paragraph a of this subdivision.
c. Each board of education, or the  trustees,  of  a  school  district
which  elected  or  elects  to  extend  one or more pupil transportation
contracts may extend a contract in an amount which is in excess  of  the
maximum  increase allowed by use of the CPI referenced in paragraph a of
this subdivision. Such excess amount shall not be greater than  the  sum
of  the following: (i) the sum of the actual cost of qualifying criminal
history and  driver  licensing  testing  fees  attributable  to  special
requirements  for  drivers of school buses pursuant to articles nineteen
and nineteen-A of the vehicle and traffic law plus the  actual  cost  of
any  diagnostic  tests and physical performance tests that are deemed to
be necessary by an examining physician or the chief  school  officer  to

determine  whether an applicant to drive a school bus under the terms of
the contract has the physical and mental ability  to  operate  a  school
transportation  conveyance  and  to  satisfactorily  perform  the  other
responsibilities  of  a school bus driver pursuant to regulations of the
commissioner; (ii) in a school district located in a city with at  least
one million inhabitants, the actual cost of clean air technology filters
and  Global  Positioning  System  (GPS)  technology;  (iii)  in a school
district located in a city with at least one million  inhabitants,  with
respects  only  to  any  extension beginning in fiscal year two thousand
five--two thousand six, the sum of the actual cost of  providing  school
bus  attendants  including  the  actual  cost of criminal history record
checks for school bus attendant applicants and training and  instruction
for   school   bus   attendants   pursuant  to  section  twelve  hundred
twenty-nine-d of the vehicle and traffic law plus up to five percent  of
such  cost  for  necessary  administrative services; and (iv) the actual
cost of equipment or vehicle modification, or training required, by  any
state  or local legislation or regulation promulgated or effective on or
after June first, two thousand five. Such costs shall be approved by the
commissioner upon documentation provided  by  the  school  district  and
contractor as required by the commissioner.
* d.  Notwithstanding  the provisions of paragraphs a, b and c of this
subdivision, the board of education or the trustee of a district  and  a
contractor  providing pupil transportation services to such district may
amend a contract for pupil transportation services upon a  finding  that
such  amendment  is necessary to comply with any federal, state or local
law, rule or regulation imposed after the execution of such contract, or
to enhance the safety of pupil  transportation,  as  determined  by  the
board or trustee subject to the approval of the commissioner pursuant to
regulations  which  shall  require  demonstrable  enhancements  in pupil
safety  and/or  increased  savings  consistent  with  maintaining  pupil
safety.  Such  amendment  shall  cause  no additional cost to the state,
locality or school district. The commissioner shall not approve such  an
amendment  if the commissioner finds that it circumvents the competitive
bidding requirements contained in paragraph a of  this  subdivision,  or
otherwise  violates this section or any other provision of law, or fails
to increase or maintain the safety of pupil transportation.
* NB Repealed January 1, 2028
e. Notwithstanding the provisions of any general, special or local law
or charter, a board of education or a trustee of a district, pursuant to
rules and regulations promulgated  by  the  commissioner,  may  award  a
contract  for  the  transportation  of  pupils  or a contract for mobile
instructional units involving an annual expenditure  in  excess  of  the
amount  specified  for purchase contracts in the bidding requirements of
the general municipal law in compliance with the provisions of paragraph
a of this subdivision  or  subsequent  to  an  evaluation  of  proposals
submitted  in response to a request for proposals prepared by or for the
board of education or  trustee  of  a  district.  The  commissioner,  in
addition  to  his  existing statutory authority to approve or disapprove
transportation contracts, may  reject  any  award  of  a  transportation
contract  or  a contract for mobile instructional units that is based on
an evaluation of proposals  submitted  in  response  to  a  request  for
proposals if he finds that (1) the contractor is not the most responsive
to  the  request  for  proposals,  or (2) that the best interests of the
district will be promoted thereby.
f. When a board of education or a trustee of a school district  elects
to  receive  proposals submitted in response to a request for proposals,
such board of education or trustee shall evaluate each proposal  from  a
responding   contractor   according   to  criteria  established  by  the

commissioner. For evaluation of proposals related to contracts for pupil
transportation services, such criteria shall include at  a  minimum  (i)
the  previous  experience of the contractor in transporting pupils, (ii)
the name of each transportation company the contractor has been an owner
or  a manager and previous experience, (iii) a description of any safety
programs implemented by the contractor, (iv) a record  of  accidents  in
motor  vehicles under the control of the contractor, (v) driving history
of employees of the contractor, (vi) inspection records and  model  year
of  the  motor  vehicles  under  the  control  of  the contractor, (vii)
maintenance schedule of the motor vehicles  under  the  control  of  the
contractor,  (viii)  financial  analysis  of  the  contractor,  and (ix)
compliance with insurance  requirements.  For  evaluation  of  proposals
related to contracts for mobile instructional units, such criteria shall
include  at  a  minimum (1) the previous experience of the contractor in
providing mobile instructional units for use by public school districts,
(2) the name of each transportation company or manufacturer in which the
contractor or any of the contractor's officers has been an  owner  or  a
manager  or  has  had  a  controlling interest, (3) a description of any
vehicle safety standards included in the design standards for the mobile
instructional units under the control  of  the  contractor  that  exceed
applicable  standards  defined in statute or regulations, (4) inspection
records and model year of  the  mobile  instructional  units  under  the
control  of  the  contractor,  (5)  maintenance  schedule  of the mobile
instructional units under the control of the contractor,  (6)  financial
analysis   of   the   contractor   and  (7)  compliance  with  insurance
requirements.
g. Notwithstanding the provisions of  this  subdivision,  section  one
hundred  three  of  the general municipal law, or any other provision of
law to the contrary, the board of education shall be authorized to enter
into a piggyback contract with another school district  that  transports
students   pursuant   to   a  contract  with  a  private  transportation
contractor, provided that the board finds  that  the  contract  cost  is
appropriate  and  entry  into a piggyback contract will result in a cost
savings to the school  district.  For  purposes  of  this  paragraph,  a
"piggyback contract" means a contract for the transportation of students
that:  (1)  provides  transportation to a location outside the students'
school district of residence to which another school district is already
providing  transportation  to  its  own  students  through  an  existing
contract   with  a  private  transportation  contractor,  other  than  a
cooperatively  bid  contract;  (2)  is  entered  into  by  the   private
transportation  contractor  and  each  school district involved; and (3)
provides for transportation in accordance with the terms and  conditions
of such existing transportation contract.
15.  The  extension  industrial  teacher  training  courses heretofore
established are continued under the  jurisdiction  and  control  of  the
education department. Members of the faculty to teach such courses shall
be  appointed  by  the  commissioner  of  education  and, subject to the
approval of the director of the budget, shall be  classified,  allocated
and  paid  in  accordance  with the schedules contained in section three
hundred fifty-five-a of this chapter.
16. The commissioner shall cooperate with the commissioner  of  health
to  facilitate  the  timely  establishment  and  maintenance  of current
records of courses in advanced emergency medical technology.
17. Whenever a mistake has been made, or an honest dispute exists,  as
to  the  location  of the division line between land owned by the state,
which is under  the  jurisdiction,  care,  custody  or  control  of  the
department  of  education,  and  adjoining  privately  owned  land,  the
commissioner of education, acting for and on behalf and in the  name  of

the  people  of  the  state  of New York, may enter into a boundary line
agreement, fixing and determining the division line between such  lands,
subject  to the approval of the attorney general as to form, content and
manner of execution.
18.  The  commissioner  shall  cooperate  with  the  superintendent of
financial services and the commissioner of commerce in the  creation  of
educational programs to be offered in conjunction with and in support of
the  export  finance  awareness  program  of the department of financial
services and the department of commerce. Such  assistance  may  include,
but  shall  not  be  limited  to,  the  development of specific training
programs, identification  of  potential  training  needs,  provision  of
facilities  for  training  and the identification of potential trainees.
Further activity by the commissioner shall require that  a  designee  of
the  commissioner  attend each and every export awareness advisory board
meeting, formally report to the commissioner, and have the  commissioner
contact the superintendent of financial services and the commissioner of
commerce so that the superintendent of financial services may coordinate
the activities of each of these components in the area of training.
19.  The  commissioner  is  authorized  and  directed  to  require all
elementary and secondary schools to store all chemicals present in their
science facilities in locked and secure storage rooms and cabinets.  The
schools   shall   provide   for  the  placement,  spacing,  arrangement,
ventilation and fire protection of such stored chemicals  in  accordance
with  guidelines  promulgated  by  the  commissioner  of  education. The
commissioner shall also require all elementary and secondary schools  to
prepare  at least annually an inventory of such chemicals, including the
chemical's name, the  chemical  abstracts  service  registry  number,  a
hazard  warning  code,  the  generally  accepted  method  or  methods of
disposal, a compatible storage code, the date  received,  the  scheduled
date  of disposal, the quantity received, the quantity remaining and its
location. The inventory must  be  kept  in  a  secure  location  and  be
available for inspection by the commissioner.
20.  He  shall also have and execute such further powers and duties as
he shall be charged with by the regents.
21. a. For the purposes of the computation of the apportionment of aid
under any of the provisions of  this  chapter  or  any  other  law,  the
commissioner shall promulgate regulations to provide where not otherwise
provided  by  law,  for the use of whole numbers, fractions or decimals.
Such regulations shall specify when such numbers  shall  be  rounded  or
truncated.  Such  regulations  may provide that under each apportionment
the amount of aid to be paid pursuant to the applicable section  of  law
may be paid in whole dollars.
b.  The  commissioner shall periodically prepare an updated electronic
data  file  containing   actual   and   estimated   data   relating   to
apportionments  due  and  owing  during  the  current  school  year  and
projections of such apportionments for  the  following  school  year  to
school districts and boards of cooperative educational services from the
general  support  for  public  schools, growth and boards of cooperative
educational services appropriations on  the  following  dates:  November
fifteenth,  or such alternative date as may be requested by the director
of the budget for the purpose of preparation of  the  executive  budget;
February fifteenth, or such alternative date as may be jointly requested
by  the  chair  of  the  senate  finance  committee and the chair of the
assembly ways and means committee; and May fifteenth. For  the  purposes
of  using  estimated  data  for  projections  of  apportionments for the
following school year, when no specific apportionment has yet been  made
for  such  school  year,  but such apportionment has a history of annual
reauthorization, the commissioner shall estimate  the  apportionment  at

the  same  level  as  the  preceding  school year, subject to the annual
approval of the director of the budget, the chairperson  of  the  senate
finance  committee  and  the  chairperson of the assembly ways and means
committee.
c.  The commissioner shall transmit a report in support of the general
support for public schools appropriation to the director of  the  budget
and  each  such  committee  chair  containing  schedules displaying such
apportionments then due  and  owing,  including  updated  data  for  the
current  audit year, seven preceding audit years and the estimated year,
to coincide with each such update and by September first with respect to
payments due for the preceding school year.
d. Notwithstanding any inconsistent provision of law to the  contrary,
for  the  purposes  of  (i)  determining  the base year level of general
support for public schools pursuant to paragraph b of  this  subdivision
for  the  two  thousand seventeen--two thousand eighteen school year and
thereafter, the commissioner is directed  to  include  the  state-funded
grant   amounts   allocated  pursuant  to  subdivision  ten  of  section
thirty-six hundred two-e of this chapter where such state-funded  grants
had  previously  been allocated to districts by means other than general
support for public schools, and (ii) for  the  purposes  of  determining
both the base year and current year levels of general support for public
schools pursuant to paragraph b of this subdivision for the two thousand
nineteen--two   thousand   twenty   school   year  and  thereafter,  the
commissioner is also directed  to  include  grant  amounts  pursuant  to
section  thirty-six  hundred  two-ee  of  this  chapter,  provided that,
notwithstanding any provision of law to the  contrary,  such  base  year
grant  amounts shall not be included in: (1) the allowable growth amount
computed  pursuant  to  paragraph  dd  of  subdivision  one  of  section
thirty-six  hundred  two  of  this  chapter,  (2) the preliminary growth
amount computed pursuant to paragraph ff of subdivision one  of  section
thirty-six  hundred  two  of  this chapter, and (3) the allocable growth
amount computed pursuant to paragraph gg of subdivision one  of  section
thirty-six hundred two of this chapter, and shall not be considered, and
shall  not be available for interchange with, general support for public
schools.
e. Notwithstanding any inconsistent provision of law to the  contrary,
in  preparing  an  electronic  data file pursuant to paragraph b of this
subdivision, for the purposes of using estimated data for projections of
apportionments for the following school year, the commissioner shall (i)
calculate the negative difference,  if  any,  of  the  allowable  growth
amount  computed  pursuant  to  subdivision  one  of  section thirty-six
hundred two of this chapter less the preliminary growth amount  pursuant
to  such  subdivision,  and (ii) include such negative difference as the
"growth cap adjustment" in any file that  aggregates  apportionments  of
general  support  for  public schools for the purpose of determining the
amounts necessary in the state fiscal years associated with  the  school
year  estimates,  provided  that the commissioner shall not allocate any
amount of such growth cap adjustment to any school district.
22. The commissioner shall establish the procedures  for  a  statewide
system  of  assigning  unique  student  identification  numbers  for all
students in public and nonpublic schools within the state  for  purposes
of  student  tracking  and  for state reporting purposes. Students shall
retain their numbers until they attain the age  of  twenty-one.  As  new
students  enter  schools  in  New  York, they shall be assigned a unique
number. The  commissioner  shall  include  in  such  system  appropriate
procedures   for   insuring  security  and  confidentiality  of  student
information. The commissioner shall adopt regulations to provide for the

implementation  of  such  statewide  system  by  school  districts   and
nonpublic schools.
23.  The  commissioner  shall  have  primary  responsibility  for  the
development and implementation of  integrated  employment  opportunities
including short-term and intensive supported employment services and, as
appropriate,  long-term  extended  support services and shall coordinate
with the commissioner of social services, the commissioner of the office
of mental health and the commissioner of  the  office  for  people  with
developmental disabilities under an integrated employment implementation
plan, pursuant to article twenty-one of this chapter.
24.  Notwithstanding  any  inconsistent provision of this chapter, the
commissioner may, by regulation, provide for a system  whereby  schools,
school  districts  and  municipalities  submit  required  certifications
electronically or  in  any  other  media  form  which  the  commissioner
reasonably  determines  offers  the  same  degree  of accountability and
control provided by paper certifications. The  certifications  described
in  this subdivision shall constitute written instruments, computer data
or statements within the meaning of articles one  hundred  seventy,  one
hundred seventy-five and one hundred seventy-six of the penal law.
25. The commissioner shall conduct periodic fiscal audits of boards of
cooperative  educational services as defined in section nineteen hundred
fifty of this chapter  and,  to  the  extent  sufficient  resources  are
provided  the  department  for such purpose, shall assure that each such
board of cooperative educational services is audited at least once every
three years.
26. The commissioner is authorized and directed  to  promulgate  rules
and  regulations  to  require that any statement prepared to satisfy the
provisions of sections sixteen hundred eight, seventeen hundred  sixteen
and  twenty-six hundred one-a of this chapter, any district-wide mailing
distributed which in whole or part related to such  statement,  and  any
report  prepared to satisfy the requirements of sections sixteen hundred
ten, seventeen hundred twenty-one and twenty-five  hundred  twenty-eight
of    this    chapter,    commencing    in    the    nineteen    hundred
ninety-seven--ninety-eight school year, be in plain  language  and  that
categorization  of  and format for revenue including payments in lieu of
taxes, property tax refunds from  certiorari  proceedings,  expenditure,
transfer, and fund balance information and changes in such data from the
prior  year and, in the case of a resubmitted or amended budget, changes
in such information from the prior year's  submitted  budget,  shall  be
complete  and accurate and set forth in such a manner as to best promote
public comprehension and readability.
27. The commissioner shall promulgate regulations in consultation with
the New York state energy research and development authority  concerning
the  development and approval of energy performance contracts for school
districts and boards of cooperative educational services  in  accordance
with subdivision eight of section 9-103 of the energy law.
28.  On  or  before  April first, two thousand, the commissioner shall
develop and implement an  automated  board  of  cooperative  educational
services  state  aid  reporting  system  for the purpose of tracking and
reporting state and  local  expenditures  for  aidable  shared  services
pursuant  to  subdivision five of section nineteen hundred fifty of this
chapter. Such system shall track state and  local  expenditures  in  the
manner prescribed by the commissioner, provided that, at a minimum, such
system   shall   report   such  expenditures  by  board  of  cooperative
educational services, by type of cooperative service agreement  (CO-SER)
and  by component school district. In addition, such system shall report
expenses and aid totals, as well as expenditures and  aid  per  resident
weighted average daily attendance.
29.  The  commissioner  shall develop a program whereby any veteran of
the armed forces who served in world war II and who was unable, for  any
reason,  to complete a secondary education, may be awarded a high school
diploma based on knowledge and experience gained while in service.
29-a.  The commissioner shall develop a program whereby any veteran of
the armed forces who served in the Korean conflict and who  was  unable,
for any reason, to complete a secondary education, may be awarded a high
school  diploma  based  on  knowledge  and  experience  gained  while in
service.
29-b. The commissioner shall develop a program whereby any veteran  of
the  armed  forces who served in the Vietnam war and who was unable, for
any reason, to complete a secondary education, may  be  awarded  a  high
school  diploma  based  on  knowledge  and  experience  gained  while in
service.
29-c. The commissioner shall develop a program whereby any veteran  of
the  armed  forces  who  has  served on active duty in the United States
Armed Forces, and  who  was  unable,  for  any  reason,  to  complete  a
secondary  education,  may  be  awarded  a  high school diploma based on
knowledge and experience gained while in service.
30. (a) The commissioner, in cooperation with the division of criminal
justice services and in accordance with  all  applicable  provisions  of
law,   shall   promulgate   rules   and   regulations   to  require  the
fingerprinting of prospective employees, as defined  in  section  eleven
hundred  twenty-five  of  this  chapter,  of  school  districts, charter
schools and boards of cooperative educational services  and  authorizing
the  fingerprinting  of  prospective  employees of nonpublic and private
elementary and secondary schools, and for the use of information derived
from searches of  the  records  of  the  division  of  criminal  justice
services  and  the  federal  bureau of investigation based on the use of
such fingerprints. The commissioner shall also develop a form for use by
school districts, charter schools,  boards  of  cooperative  educational
services,  and nonpublic and private elementary and secondary schools in
connection  with  the  submission  of  fingerprints  that  contains  the
specific job title sought and any other information that may be relevant
to consideration of the applicant. The commissioner shall also establish
a  form  for  the  recordation  of  allegations  of  child  abuse  in an
educational setting, as required  pursuant  to  section  eleven  hundred
twenty-six  of  this  chapter.  No  person  who  has  been fingerprinted
pursuant to section three thousand four-b of this chapter or pursuant to
section five hundred nine-cc or  twelve  hundred  twenty-nine-d  of  the
vehicle  and  traffic law and whose fingerprints remain on file with the
division of criminal justice  services  shall  be  required  to  undergo
fingerprinting for purposes of a new criminal history record check. This
subdivision  and  the rules and regulations promulgated pursuant thereto
shall not apply to a school district within a city with a population  of
one million or more.
(b) The  commissioner,  in  cooperation  with the division of criminal
justice services, shall promulgate a form to be  provided  to  all  such
prospective  employees  of  school districts, charter schools, boards of
cooperative educational services, and nonpublic and  private  elementary
and  secondary  schools that elect to fingerprint and seek clearance for
prospective employees that shall:
(i) inform the prospective employee that the commissioner is  required
or  authorized  to  request his or her criminal history information from
the division of criminal justice services  and  the  federal  bureau  of
investigation  and review such information pursuant to this section, and
provide a description of the manner in  which  his  or  her  fingerprint

cards  will  be used upon submission to the division of criminal justice
services;
(ii)  inform  the prospective employee that he or she has the right to
obtain, review and seek  correction  of  his  or  her  criminal  history
information  pursuant  to  regulations and procedures established by the
division of criminal justice services.
(c) The prospective employer shall obtain the signed, informed consent
of the prospective employee on such form supplied  by  the  commissioner
which indicates that such person has:
(i)  been  informed  of  the right and procedures necessary to obtain,
review and seek correction of his or her criminal history information;
(ii) been informed of the reason  for  the  request  for  his  or  her
criminal history information;
(iii) consented to such request for a report;
(iv)  supplied  on  the form a current mailing or home address for the
prospective employee;
(v) been informed that he or she may withdraw his or  her  application
for  employment pursuant to this section, without prejudice, at any time
before employment is offered or  declined,  regardless  of  whether  the
prospective   employee   or   employer  has  reviewed  such  prospective
employee's criminal history information;
(vi) where the applicant is to be fingerprinted  pursuant  to  section
three  thousand  thirty-five  of this chapter, the process for seeking a
waiver of the fees associated with conducting a criminal history records
check, pursuant to paragraph (b) of subdivision four  of  section  three
thousand thirty-five of this chapter,
(vii)  been  informed  that  in  the  event  his  or her employment is
terminated and such person has  not  become  employed  in  the  same  or
another   school   district,   charter   school,  board  of  cooperative
educational services, or nonpublic or private  elementary  or  secondary
school  within twelve-months of such termination, the commissioner shall
notify the division of criminal justice services  of  such  termination,
and  the  division  of  criminal  justice  services  shall  destroy  the
fingerprints  of  such  person.  Such  person  may  request   that   the
commissioner  notify  the division of criminal justice services that his
or her fingerprints shall be destroyed prior to the expiration  of  such
twelve  month  period  in  which  case the commissioner shall notify the
division of criminal justice services and the division shall destroy the
fingerprints of such person promptly upon receipt of the request; and
(viii) been informed of the manner in which he or she  may  submit  to
the   commissioner   any   information  that  may  be  relevant  to  the
consideration of his or her application for clearance  including,  where
applicable,  information  in  regard  to  his  or  her  good conduct and
rehabilitation.
(d) The commissioner shall develop forms to be provided to all  school
districts,  charter schools, boards of cooperative educational services,
and to all nonpublic and private elementary and secondary  schools  that
elect  to  fingerprint  their prospective employees, to be completed and
signed  by  prospective  employees  when  conditional   appointment   or
emergency conditional appointment is offered.
(e)  The  commissioner  may promulgate rules and regulations regarding
the conditional appointment and emergency conditional appointment  of  a
prospective employee.
* 31. The commissioner shall direct that each school district, charter
school, and private elementary and secondary school appoint a designated
educational official for the purposes set forth in section 380.90 of the
criminal  procedure  law,  subdivision  seventeen  of  section 301.2 and
subdivision three of section 380.1 of the family court act. In addition,

the commissioner shall promulgate rules and regulations, in consultation
with the office of court administration, to facilitate electronic access
by the courts to the names and addresses of such designated  educational
officials.
* NB There are 2 sub 31's
* 31.  The  commissioner  shall  cooperate  with  the  commissioner of
agriculture and markets in establishing  a  farm-to-school  program  and
coordinating  New  York  Harvest  For New York Kids Week as described in
subdivision five-b of section sixteen of  the  agriculture  and  markets
law.  The  commissioner's  responsibilities  shall  include,  but not be
limited to, compiling information for the department of agriculture  and
markets  from  school districts and other educational institutions under
the department's jurisdiction interested in  purchasing  New  York  farm
products   and   disseminating   to  those  districts  and  institutions
information from the department of agriculture  and  markets  about  the
availability  of  New  York  farm  products, and contact information for
farmers and other businesses marketing such products.  The  commissioner
shall  report  to  the  legislature about the need for changes in law to
facilitate  the  purchase  of  such  products  by  schools   and   other
institutions.
* NB There are 2 sub 31's
34. The commissioner is hereby authorized and directed to apply school
bus  safety practices instruction and retraining requirements prescribed
pursuant to the provisions of section thirty-six hundred twenty-four  of
this  chapter  to  drivers  who  operate  transportation which is owned,
leased or contracted for by private and parochial schools  to  the  same
extent   as  such  requirements  shall  apply  to  drivers  who  operate
transportation which is owned, leased or contracted for by public school
districts. The chief school administrator of every private and parochial
school shall approve the employment of each driver for each  school  bus
operated for such private or parochial school and shall ensure that each
such  driver  shall meet the school bus safety practices instruction and
retraining  requirements  prescribed  pursuant  to  section   thirty-six
hundred  twenty-four  of this chapter. Nothing in this subdivision shall
be construed to apply such provisions to volunteer drivers who transport
pupils on other than a regularly  established  route  on  an  occasional
basis.
* 35.  The  commissioner  shall  develop  guidelines  by  which school
districts may establish a  program  to  make  available  to  parents  or
persons  in  parental  relation  of  children  attending schools in such
districts, an internet based electronic communications system to provide
for the  transmission  of  individual  personalized  messages  or  group
communication  over  the  internet,  to communicate with the teachers of
such children.
* NB There are 2 sb 35's
* 35. The commissioner shall, in cooperation with the commissioner  of
mental health, develop guidelines for voluntary implementation by school
districts,  that  incorporate  social  and  emotional  development  into
elementary and secondary school educational programs  as  prescribed  in
paragraph  (b)  of  subdivision  one  of section three of the children's
mental health act of 2006.
* NB There are 2 sb 35's
36. The commissioner shall ensure that by  July  first,  two  thousand
eight, a student progress report, written in plain English and in a form
prescribed  by  the  commissioner,  is  prepared  for all students. Such
progress report shall provide parents or persons  in  parental  relation
with  information on their child's performance on state assessments over
multiple years of testing and shall also explain the  process  by  which

parents  or persons in parental relation may inquire further about their
child's progress. All school districts and charter schools shall prepare
and disseminate the student progress report to  parents  or  persons  in
parental relation in a timely manner.
37. The commissioner shall develop methods to support educators in the
use  of  performance  data to assist in student learning, which shall be
periodically improved based on feedback from educators.
38. The commissioner shall develop informational materials  to  assist
parents  or  persons  in parental relation and teachers in understanding
the regents learning standards and the results of state assessments.
39. The commissioner shall develop a school leadership report card and
a separate school progress report card to assist  boards  of  education,
the state and the public in assessing the performance of school leaders,
including  superintendents  of  schools and building principals, and the
schools that they lead. The report cards shall include an assessment  of
the  school's  progress in achieving standards of excellence. By January
first, two thousand nine, the commissioner shall develop such  standards
of  excellence  which  shall  include,  but  not  be  limited to, parent
involvement, curriculum, teacher quality, and accountability measures as
set  forth  in  section  two  hundred  eleven-a  of  this   title.   The
commissioner  shall  promulgate  regulations  requiring  the trustees or
boards of education of every common, union free, central,  central  high
school  and  city  school  district, and the chancellor of a city school
district in a city of one million or more inhabitants, to attach  copies
of such report cards to the statement of estimated expenditures pursuant
to  section  sixteen  hundred eight or seventeen hundred sixteen of this
chapter, where applicable,  and  to  otherwise  make  the  report  cards
publicly available in the same manner as a school district report card.
40.   The  board  of  regents  shall  explore  the  development  of  a
prekindergarten through postsecondary (P-16)  data  system  that  tracks
student  performance  from  prekindergarten through attendance at public
colleges in this state and links students to  teachers  or  instructors.
The  commissioner  shall  consult with other relevant state departments,
agencies and instrumentalities of the state  about  the  feasibility  of
linking   the   system  to  other  data  collection  systems  containing
information relevant to the education of  children,  including  but  not
limited  to social services information; and to identify barriers to the
exchange of data between the P-16 system and social services  and  other
systems  under  their  control  and  collaborate  to facilitate the free
exchange of data. Such data system shall be maintained  consistent  with
applicable  confidentiality  requirements,  so as to prevent disclosures
that would constitute an unwarranted invasion of personal  privacy.  The
commissioner  shall  report  to  the  board  of  regents  on  activities
conducted pursuant to this subdivision.
41. The commissioner shall establish a  program  to  evaluate  various
methods used by schools to identify students receiving a free or reduced
price  meal  under programs authorized by the National School Lunch Act,
as amended, or  the  Child  Nutrition  Act  of  1966,  as  amended.  The
commissioner  shall  identify  methodologies  and  practices utilized by
schools and school districts, within the state and nationally, to:
a. simplify student access to meal programs; and
b. identify students through an electronic payment system, or  through
other  means, in order to eliminate the overt identification of students
receiving a free or reduced price meal.
On or before July first,  two  thousand  nine,  the  commissioner  shall
disseminate  detailed information on the best practices utilized by such
schools and school districts which simplify  access  and  eliminate  the
distinction  between students receiving a free or reduced price meal and

those paying full price so as to more effectively operate  the  program.
The  commissioner shall also submit a report containing such information
to the legislature on or before such date.
42.  a.  The  commissioner,  in  conjunction  with the commissioner of
health, shall promulgate and review as necessary rules  and  regulations
relating  to  pupils  who  suffer  mild  traumatic  brain injuries, also
referred to as a "concussion," while receiving instruction  or  engaging
in  any  school  sponsored or related activity. In developing such rules
and  regulations,  the  commissioner  shall   consider   comments   from
stakeholders  and  other interested parties including but not limited to
parents, teachers,  students,  school  administrators,  school  athletic
trainers,  sport  coaches,  medical and health professionals, the public
schools athletic league (PSAL), the New York state  public  high  school
athletic  association  (NYSPHSAA), and other athletic associations. Such
regulations shall include, but not be limited to:
(i) requiring a course of  instruction  relating  to  recognizing  the
symptoms  of  mild  traumatic  brain injuries and monitoring and seeking
proper medical treatment for pupils  who  suffer  mild  traumatic  brain
injuries.  Such  course of instruction shall be required to be completed
on a biennial basis by all school coaches, physical education  teachers,
nurses and athletic trainers. The course of instruction required by this
subparagraph  shall  include, but not be limited to, the definition of a
"concussion," signs and symptoms of mild traumatic brain  injuries,  how
such  injuries  may  occur,  practices  regarding  prevention,  and  the
guidelines for the return to school and  to  certain  school  activities
after  a  pupil has suffered a mild traumatic brain injury regardless of
whether such injury occurred outside of school.  Such  training  may  be
completed  by means of courses of instruction, including but not limited
to, courses provided  online  and  by  teleconference  approved  by  the
department;
(ii)  providing that the department and the department of health shall
post on their internet websites information relating to  mild  traumatic
brain  injuries,  which  shall  include  but  not  be  limited  to,  the
definition of a "concussion," signs and symptoms of mild traumatic brain
injuries, how such injuries may occur, and the guidelines for the return
to school and to certain school activities after a pupil has suffered  a
mild  traumatic  brain injury regardless of whether such injury occurred
outside of school. Schools shall be required to include such information
in any permission form or parent or person in parental relation  consent
form   or   similar   document  that  may  be  required  for  a  pupil's
participation in interscholastic sports  and  shall  also  include  such
information,  or  reference  how  to  obtain  such  information from the
department and the  department  of  health  internet  websites,  on  the
school's internet website, if one exists;
(iii)  requiring the immediate removal from athletic activities of any
pupil believed to have sustained or who has sustained a  mild  traumatic
brain injury. In the event that there is any doubt as to whether a pupil
has sustained a concussion, it shall be presumed that he or she has been
so  injured  until proven otherwise. No such pupil shall resume athletic
activity until he or she shall have been symptom free for not less  than
twenty-four  hours,  and  has been evaluated by and received written and
signed authorization from a licensed physician. Such authorization shall
be kept on file in the pupil's  permanent  health  record.  Furthermore,
such  rules and regulations shall provide guidelines for limitations and
restrictions on school attendance and activities  for  pupils  who  have
sustained  mild traumatic brain injuries, consistent with the directives
of the pupil's treating physician.
(iv) authorizing each school or school district, in its discretion, to
establish a concussion management team which  may  be  composed  of  the
athletic  director  (if  any),  a  school nurse, the school physician, a
coach of an interscholastic team, an  athletic  trainer  or  such  other
appropriate  personnel  as  designated by the school or school district.
The concussion management team shall oversee the implementation  of  the
rules  and  regulations  promulgated  pursuant to this subdivision as it
pertains to their associated school including the requirement  that  all
school   coaches,  physical  education  teachers,  nurses  and  athletic
trainers that work with and provide instruction  to  pupils  engaged  in
school  sponsored athletic activities complete training relating to mild
traumatic brain injuries. Furthermore, every concussion management  team
may establish and implement a program which provides information on mild
traumatic  brain  injuries  to  parents and persons in parental relation
throughout each school year.
b. The rules and regulations established pursuant to this  subdivision
shall  be  deemed to be the minimum standards that must be complied with
by every public school and nonpublic school relating to  mild  traumatic
brain  injuries.  Nothing  in this subdivision shall prohibit any public
school or nonpublic school from adopting and implementing more stringent
standards.
43. The commissioner shall make available, on the department  internet
website, materials on problem gambling among school-age youth identified
or developed by the office of alcoholism and substance abuse services in
consultation with the department, pursuant to subdivision (j) of section
19.07 of the mental hygiene law.
44.  The commissioner shall prohibit the administration of traditional
standardized  tests,  as  defined   in   regulations   issued   by   the
commissioner,  in  pre-kindergarten  programs and in grades kindergarten
through second grade;  provided,  however,  that  nothing  herein  shall
prohibit  assessments  in  which  students perform real-world tasks that
demonstrate application of knowledge and skills or assessments that  are
otherwise required to be administered by federal law.
45. The commissioner shall provide that no school district or board of
cooperative  educational  services  may  place or include on a student's
official transcript or maintain in  a  student's  permanent  record  any
individual  student  score  on a state administered standardized English
language arts or mathematics assessment for grades three through  eight,
provided  that  nothing  herein  shall  be  construed  to interfere with
required state or federal reporting or to excuse a school district  from
maintaining  or transferring records of such test scores separately from
a student's permanent record, including for purposes of  required  state
or federal reporting.
46.  The  commissioner  shall provide that any test results on a state
administered  standardized  English   language   arts   or   mathematics
assessment  for grades three through eight sent to parents or persons in
parental relation to a student include a clear  and  conspicuous  notice
that  such  results  will  not  be  included  on  the student's official
transcript or in the student's permanent record and are  being  provided
to the student and parents for diagnostic purposes.
47.  The commissioner shall provide that no school district shall make
any student promotion or placement decisions based solely  or  primarily
on  student  performance  on the state administered standardized English
language arts and  mathematics  assessments  for  grades  three  through
eight.  However,  a  school district may consider student performance on
such state assessments provided that the school district  uses  multiple
measures  in  addition  to such assessments and that such assessments do
not constitute the major factor in such determinations. In addition, the

commissioner shall require every school district to annually notify  the
parents  and persons in parental relation to the students attending such
district of the district's grade promotion and  placement  policy  along
with  an explanation of how such policy was developed. Such notification
may be provided on the school district's website, if one exists,  or  as
part  of  an existing informational document that is provided to parents
and persons in parental relation.
* 48. The commissioner shall issue regulations:
a. allowing students with disabilities who are not  eligible  for  the
New York state alternate assessment and whose cognitive and intellectual
disabilities  preclude  their  meaningful participation in chronological
grade level instruction to be  assessed  based  on  instructional  level
rather than chronological age;
b.   allowing   English  language  learners  to  be  assessed  with  a
state-administered  assessment  that  measures  the   English   language
development  of such students rather than the English language arts exam
for their first two years of enrollment; and
c. ensuring accountability for the performance  of  such  students  in
appropriate ways.
* NB  Effective  upon  and  to  the extent allowed by a federal waiver
issued by the U.S. department of education
49. The commissioner shall promulgate such standards  and  regulations
as may be necessary to ensure:
a.  that  the  amount  of  time devoted to state-administered required
assessments developed by the state directly  or  by  contract  for  each
grade  does  not  exceed,  in  the aggregate, one percent of the minimum
required annual instructional hours for such grade.
b. that, for each school district,  the  amount  of  time  devoted  to
standardized  assessments that are not specifically required by state or
federal law for each grade  does  not  exceed,  in  the  aggregate,  one
percent  of  the  minimum  required  annual instructional hours for such
grade.
c. that, for each school district, the amount of time devoted to  test
preparation  under  standardized  testing conditions for each grade does
not exceed, in the aggregate, two percent of the minimum required annual
instructional hours for such grade.
Time devoted to  teacher  administered  classroom  quizzes  or  exams,
portfolio  reviews,  or  performance  assessments  shall  not be counted
towards the limits established by this subdivision. In addition, nothing
in this subdivision shall be construed to supersede the requirements  of
a  section  of  the 504 plan of a qualified student with a disability or
federal law relating to English Language Learners or the  individualized
education program of a student with disabilities.
50.  The  commissioner  shall provide instructional tools and outreach
materials for parents and families to assist  parents  and  families  in
understanding  the purposes, elements and instructional changes relating
to implementation of next generation learning standards as well  as  how
to  best  support  their child's educational progress and outcomes. Such
tools and  outreach  shall  include,  but  not  be  limited  to,  online
resources  with  linguistically  and  culturally  appropriate materials,
community outreach, and the dissemination of materials through  schools,
non-profit organizations, libraries, and other partners.
51.  The  commissioner  shall, in order to assist school districts and
boards of cooperative educational services in developing next generation
training programs for  teachers  and  principals,  develop  professional
development tools, resources and materials that school districts, boards
of   cooperative  educational  services,  teachers  and  principals  may
utilize. The commissioner may collaborate with the state  university  of

New  York, the city university of New York, and independent colleges and
universities to offer effective, data-informed professional  development
and  coaching  to  meet  the  needs  of implementing the next generation
learning  standards.  Such  professional  development and coaching shall
include necessary materials, age appropriate instruction  and  resources
that provide best practices for the effective implementation of the next
generation  learning  standards. Such support shall be available for the
purpose  of  providing  professional  development   for   teachers   and
principals,  as  well  as  preparation programs for participating school
districts, boards of cooperative educational services,  charter  schools
and  communities  at  large,  and  may  include  recommendations for how
teachers and principals can collaborate on strategies, including but not
limited to study groups and coaching, to  improve  classroom  practices.
The  commissioner  shall  also  identify  regional  examples  of  school
districts  that  have  successfully  implemented  the  next   generation
learning  standards,  where  such  examples exist, and shall invite such
districts to serve on a  voluntary  basis  as  models  that  principals,
teachers  and other school professionals within the region may visit and
observe. In addition, the commissioner shall include  opportunities  for
teachers   and  other  content-area  experts  to  provide  feedback  and
recommendations  for  the  continuous  improvement  and  development  of
voluntary next generation curriculum modules offered by the department.
51-a.  On  or  before  June first, two thousand fifteen, and each year
thereafter, the commissioner shall  release  the  test  questions,  test
answers,  and  corresponding  correct  answers  from  each  of  the most
recently administered English language arts and mathematics examinations
in grades three through eight of that year. The commissioner  may  limit
the  number  of  questions  and  answers  released  only  to  the extent
necessary  to  avoid  hindering  or  impairing   the   validity   and/or
reliability  of  future  examinations  and  must  provide  enough  of an
overview  of  each  examination  so   that   teachers,   administrators,
principals,  parents  and  students  can  be  provided  with  sufficient
feedback on the types of questions administered and, by July first,  two
thousand  fifteen,  and  each  year  thereafter,  the commissioner shall
release the general student success rate  in  answering  such  questions
correctly.
52.  a.  The  commissioner  shall make recommendations to the board of
regents relating to  the  adoption  of  instruction  in  cardiopulmonary
resuscitation and the use of automated external defibrillators (AEDs) in
senior high schools.
b.  Prior  to  making the recommendations to the board of regents, the
commissioner shall:
(i) seek  the  recommendations  of  teachers,  school  administrators,
teacher  educators and others with educational expertise in the proposed
curriculum;
(ii) seek comment from parents, students and other interested parties;
(iii) consider the amount of instructional time such  curriculum  will
require  and whether such time would detract from other mandated courses
of study;
(iv) consider the fiscal impact, if  any,  on  the  state  and  school
districts; and
(v) consider any additional factors the commissioner deems relevant.
c.  No  later than one hundred eighty days after the effective date of
this subdivision, the commissioner shall provide a recommendation to the
board of regents to either adopt and promulgate  appropriate  rules  and
regulations implementing such curriculum or reject the implementation of
such  curriculum. Upon receiving a recommendation from the commissioner,
pursuant to this subdivision, the board of regents shall vote to  either

accept  or  reject the commissioner's recommendation no later than sixty
days after receiving such recommendation.
d.  If  the  board  of  regents adopts such curriculum, the curriculum
requirement shall take effect no later than the next school  year  after
such curriculum has been adopted.
e.  If  the board of regents rejects such curriculum, the commissioner
shall provide a report as to the  determination  of  the  board  to  the
governor,  the  temporary  president  of  the senate, the speaker of the
assembly and the  chairs  of  the  senate  and  assembly  committees  on
education providing the reasons for such rejection not later than thirty
days after the board of regents rejects such curriculum.
53. The commissioner is authorized and directed to establish a content
review  committee  for  the  purposes of reviewing all standardized test
items and/or  selected  passages  used  on  English  language  arts  and
mathematics  state assessments for grades three through eight to ensure:
(a) they are grade level appropriate, in general; (b) they are presented
at a readability level that is grade-level  appropriate;  (c)  they  are
within  grade-level expectations; and (d) they appropriately measure the
learning standards approved by the board of regents applicable  to  such
subject  and/or grade level. The review of such items and passages shall
be conducted prior to their use in such  assessments  provided  however,
for  the two thousand fifteen--two thousand sixteen school year only, if
such requirement would prevent the ability of  such  assessments  to  be
administered,  then items or passages that have not been reviewed may be
used. Provided further, the content review committee  shall  review  any
new  standardized test items and/or selected passages prior to their use
in such assessments. Such committee shall also ensure that any new  test
items  and/or  selected  passages are fair and appropriately measure the
learning standards approved by the board of regents applicable  to  such
subject  and/or  grade  level.  Such  committee  shall  also ensure that
adequate  and  appropriate  time  is   given   to   students   for   the
administration  of  such  assessments, provided however that subdivision
forty-nine of this section must be complied  with.  The  content  review
committee  shall include classroom teachers and experienced educators in
the  content  area  and/or  grade  level  of  the  items/passages  being
reviewed,  including  teachers of students with disabilities and English
language learners.
54. Notwithstanding any law, rule or regulation to  the  contrary,  no
teacher,  principal,  or  superintendent  shall  be  required  to sign a
confidentiality agreement with their respective school  district,  board
of  cooperative  educational  services,  or the department that prevents
such teacher, principal, or superintendent from discussing the  contents
of any items on the English language arts and mathematics assessments in
grades  three  through  eight after such items have been released by the
department pursuant to subdivision fifty-one-a of this section or  after
such  items  have  been  publicly  disclosed  by the department or other
appropriate entity. The  commissioner  shall  amend  and/or  modify  any
current confidentiality agreement inconsistent with this subdivision and
shall promulgate regulations consistent with this subdivision.
55. The commissioner, in collaboration with the commissioner of health
and   the  commissioner  of  environmental  conservation  shall  develop
instructional tools and materials for school districts and libraries  to
assist  in  the education and awareness program to protect children from
lyme disease and tick-borne infections. Resources and materials shall be
age-appropriate for school-age students and provide information  on  the
identification  of  ticks,  recommended procedures for safe tick removal
and best practices to provide protection from ticks. Such materials  may
include  but  not  be  limited  to  video  productions,  pamphlets,  and

demonstration programs to illustrate the various sizes of  ticks  before
and  after  it  has engorged to assist with the identification of a tick
and the reaction on the skin that may occur as a result of a tick  bite.
Materials  and  instructional  tools  to  advance  and promote education
awareness on tick identification and protection shall be made  available
to school districts and libraries upon request at no charge.
* 56.   The   commissioner   shall  issue  a  guidance  memorandum  in
cooperation with stakeholders and other  interested  parties,  to  every
school  district and board of cooperative educational services to inform
them  of  the  unique  educational  needs  of  students  with  dyslexia,
dyscalculia  and  dysgraphia  and  to  clarify that school districts may
reference or use the terms  dyslexia,  dyscalculia,  and  dysgraphia  in
evaluations,   eligibility   determinations,   or   in   developing   an
individualized  education  program  (IEP)  under  the  Individuals  with
Disabilities  Education  Act  (IDEA) pursuant to part 300 of title 34 of
the code of federal regulations, as such regulations may, from  time  to
time, be amended.
* NB There are 4 sb 56's
* 56.  The  commissioner,  in  consultation  and  cooperation with the
commissioner of agriculture  and  markets,  may  develop  guidelines  to
encourage  school  districts  and  institutions  of  higher education to
donate excess, unused, edible food from meals served at such educational
facilities to local voluntary food assistance  programs  including,  but
not  limited  to,  community  food  pantries,  soup  kitchens, and other
community and not-for-profit organizations that distribute food  to  the
poor  and  disadvantaged.  Such  guidelines developed concerning donated
food shall comply with all federal, state and local public health  laws,
rules and regulations that govern food safety and food donation.
Such guidelines may include, but not be limited to:
a.   a   procedure   to   provide  information  to  school  districts,
institutions of higher education and  local  voluntary  food  assistance
programs of the provisions of such guidelines;
b.  notification to educational institutions of their ability to elect
to donate excess, unused, edible food to local voluntary food assistance
programs; and
c. information and technical assistance on how  school  districts  and
institutions  of  higher education may best donate excess food in a safe
and sanitary manner.
The  commissioner  shall  coordinate  the   implementation   of   such
guidelines  with  the  farm-to-school  program  established  pursuant to
subdivision five-b of section sixteen of  the  agriculture  and  markets
law.
* NB There are 4 sb 56's
* 56.  a.  The  commissioner  shall  consult  and collaborate with the
commissioner of health and organizations that promote sepsis  awareness,
prevention  and  education,  as  well  as  other  interested parties, to
establish and develop  a  sepsis  awareness,  prevention  and  education
program  within  the  department.  Such  program shall be defined by the
commissioner in regulations after consultation with  the  department  of
health and be designed to educate students, parents and school personnel
about  sepsis  awareness and prevention. Such program shall include, but
not be limited to:
(i) age-appropriate model curriculum, exemplar lesson plans, and  best
practice  instructional  resources  for  students,  parents  and  school
personnel designed to promote awareness and prevention  methods  against
sepsis.  Such model curriculum, lesson plans and instructional resources
shall  include  but  not  be  limited  to  guidelines  and  methods   of

prevention,  including  recommendations for the reduction of exposure to
sepsis and an appropriate course of action for sepsis treatment;
(ii)  instructional  tools  and  materials  for  students, parents and
school personnel developed in collaboration  with  the  commissioner  of
health,  which  shall  include  updated  data  and information on sepsis
awareness and prevention, with a review of such data and information  to
occur  periodically, at intervals deemed appropriate by the commissioner
and the commissioner of health; and
(iii) public availability of  all  materials  related  to  the  sepsis
awareness,  prevention  and  education program on a dedicated webpage on
the department's internet website, and provided  at  no  cost  to  every
school  district,  board  of  cooperative  educational services, charter
school and nonpublic school upon request.
b. The commissioner shall issue a guidance memorandum to every  school
district,  board of cooperative educational services, charter school and
nonpublic school, to inform them  of  the  availability  of  the  sepsis
awareness,  prevention  and  education  program and to encourage them to
develop policies and procedures, in consultation with their director  of
school  health  services, or the substantial equivalent as determined by
the commissioner in regulations, regarding when parents and  persons  in
parental  relations  are to be notified of illness or injuries occurring
in school which affects their child, in accordance with article nineteen
of  this  chapter.  The  commissioner  shall  annually   remind   school
districts,  boards  of cooperative educational services, charter schools
and nonpublic schools, of  the  availability  of  sepsis  awareness  and
prevention materials as part of sepsis awareness month.
* NB There are 4 sb 56's
* 56.  The  commissioner  shall provide to the council on children and
families, in a format identified by the council,  information  regarding
all  recipients  of grants awarded or administered by the department for
the purposes of providing afterschool  programs,  or  extended  learning
time,  including  but  not  limited  to grants for such purposes awarded
under section thirty-six hundred forty-one of  this  chapter.  For  each
program the program's name, the address at which the program is offered,
and  the phone number for the program will be provided to the council no
less than once a year.
* NB There are 4 sb 56's
58.  a.  No  later  than  June  first,  two  thousand  nineteen,   the
commissioner  shall  prepare  and  submit to the governor, the temporary
president of the senate and the speaker of the assembly  a  report  that
provides  an  overview  of  teacher diversity throughout the state. Such
report shall:
(i) study  the  potential  barriers  to:  achieving  diversity  within
teacher  preparation  programs;  obtaining an initial certificate in the
classroom teaching service; and obtaining  teacher  certification  as  a
teacher aide or teaching assistant;
(ii)  include  available data on race, ethnicity, gender, and age; the
efforts higher education institutions with teacher preparation  programs
are  taking to recruit and retain a diverse student population into such
programs; and the efforts that the  state  and  schools  are  taking  to
attract,  hire,  and retain certified teachers who reflect the diversity
within New York state's schools; and
(iii) make recommendations on programs, practices  and  policies  that
may  be  implemented  by  schools  and  teacher  preparation programs to
improve teacher diversity throughout the state.
b.  The  commissioner  shall  consult  with  stakeholders  and   other
interested  parties  when preparing such report. The state university of
New York, the city university of New York, the commission on independent

colleges and universities,  and  the  proprietary  college  sector  with
registered teacher education programs in this state shall, to the extent
practicable,  identify and provide representatives to the department, at
the  request  of  the  commissioner,  in  order  to  participate  in the
development and drafting of such report.
59.  The  commissioner  shall  make  available  educational  materials
developed pursuant to subdivision two of section three hundred seventy-c
of  the  social  services  law to every school district, charter school,
nonpublic  school,  approved  preschool,  approved   preschool   special
education  program,  approved  private  residential  or  non-residential
school for the education of students with disabilities,  state-supported
school in accordance with article eighty-five of this chapter, and board
of  cooperative  educational  services  for  the  purpose  of  educating
parents, guardians and other authorized individuals responsible for  the
child's  care  about  adverse  childhood  experiences, the importance of
protective factors, and the availability of  services  for  children  at
risk for or experiencing adverse childhood experiences. The commissioner
shall  provide that such educational materials are made available online
pursuant to subdivision two of section three hundred  seventy-c  of  the
social services law.
* 60.  The  commissioner,  in consultation with institutions of higher
education, shall issue guidance  for  school  districts  and  boards  of
cooperative  educational  services  to  use  to  develop  grow  your own
initiatives aimed at attracting  underrepresented  candidates  into  the
teaching profession. Such guidance shall include but not be limited to:
(a)  ways  to recruit underrepresented candidates, including those who
are  current  teaching  assistants  and  current  students  in   teacher
preparation programs;
(b)  initiatives  aimed  at  creating  an  early  recruitment pipeline
beginning in secondary school;
(c)  how  to  establish   partnerships   between   school   districts,
community-based  organizations,  and institutions of higher education to
encourage and support underrepresented candidates to enter and remain in
the teaching profession; and
(d) ways to identify existing  funding  sources  available  to  school
districts  to  attract  and  retain underrepresented candidates into the
teaching profession.
* NB There are 2 sb 60's
* 60.  The  commissioner  shall  promulgate  rules   and   regulations
prohibiting  a teacher, administrator, officer, employee or agent of any
school within the state from using corporal punishment.
* NB There are 2 sb 60's
* 61. a. The commissioner shall require each school district to ensure
verification of one of the following from the parent or guardian of each
student or from the student if the student is eighteen years of  age  or
older  or  legally  emancipated,  during  the  school  year in which the
student is a senior enrolled in such school district: (1) completion  of
either the free application for federal student aid for such student or,
if applicable, the Jose Peralta New York State DREAM Act application; or
(2) completion of a waiver form promulgated by the department indicating
that  the parent or guardian or, if the student is eighteen years of age
or older or legally emancipated, the student understands what  the  free
application  for federal student aid or, if applicable, the Jose Peralta
New York State DREAM Act application are and has chosen not to  file  an
application  pursuant  to  the  provisions  of  subparagraph one of this
paragraph. For purposes of this subdivision, verification of  completion
of  either  the  free  application  for  federal student aid or the Jose
Peralta New York State DREAM Act application shall not require a parent,

guardian,  or  student  to  identify  which  type  of  application   was
completed.
b.  On  and  after  July  first, two thousand twenty-five, each school
district shall annually report to the department the following data  for
all seniors enrolled in such school district, aggregated by high school:
(1)  the  total  number  of students that have completed either the free
application for federal student aid or, if applicable, the Jose  Peralta
New  York  State  DREAM  Act application; (2) the number of students who
completed a waiver pursuant to paragraph a of this subdivision; and  (3)
the total number of seniors enrolled.
c.  The  commissioner shall promulgate rules and regulations necessary
to implement this subdivision, including requiring each school  district
to  notify  each  high school senior, no less than two times during each
school year, of the  state-sponsored  scholarships,  financial  aid  and
assistance  available  to  students  attending college or post-secondary
education, and  to  provide  referrals  for  support  or  assistance  to
complete the free application for federal student aid or, if applicable,
the Jose Peralta New York State DREAM Act application.
d.  A  student  shall  not  be  penalized or punished if the student's
parent or guardian or the student, if the student is eighteen  years  of
age  or  older or legally emancipated, does not fulfill the requirements
of this subdivision and this subdivision shall not  affect  a  student's
ability to graduate.
* NB Effective August 15, 2024