N.Y. Education Law § 211-d: Contract for excellence

§ 211-d. Contract for excellence. 1. a. Every school district that, as

of April first of the base year, has at least one school identified as

in corrective action or restructuring status or as a school requiring

academic progress: year two or above or as a school in need of

improvement: year two shall be required to prepare a contract for

excellence if the school district is estimated to receive an increase in

total foundation aid for the current year compared to the base year in

an amount that equals or exceeds either fifteen million dollars or ten

percent of the amount received in the base year, whichever is less, or

receives a supplemental educational improvement plan grant. In school

year two thousand seven--two thousand eight such increase shall be the

amount of the difference between total foundation aid received for the

current year and the total foundation aid base, as defined in paragraph

j of subdivision one of section thirty-six hundred two of this chapter.

b. In addition to the school districts required to prepare a contract

for excellence under paragraph a of this subdivision, every school

district that filed a contract for excellence in the base year shall

file a contract for excellence in the current year if such district is

estimated to receive a two-year increase, equal to the positive

difference of the total foundation aid apportioned for the current year

less the total foundation aid base, as defined in paragraph j of

subdivision one of section thirty-six hundred two of this chapter, for

the base year, in an amount that equals or exceeds either twenty-seven

million five hundred thousand dollars or twenty percent of such total

foundation aid base for the base year; provided however, that this

requirement shall apply only to a school district that, as of April

first of the base year, has at least one school that has been identified

as in corrective action or restructuring status or as a school requiring

academic progress: year two or above or as a school in need of

improvement: year two.

c. In a city school district located in a city of one million or more

inhabitants, a contract for excellence shall be prepared for the city

school district and each community district that meets criteria

specified in this subdivision.

d. All computations pursuant to paragraphs a and b of this subdivision

and subdivision two of this section shall be based upon data included in

the computerized school aid run produced by the commissioner in support

of the enacted state budget which established the foundation aid

formulas for the current year. For purposes of this section,

accountability status of schools shall be determined as of April first

of the base year, except that if the commissioner determines that the

accountability data on file for a school as of April first of the base

year was in error and officially adjusts the accountability status of

the school after such date, such adjusted data shall be used for the

purposes of paragraphs a and b of this subdivision and subdivision two

of this section.

e. Notwithstanding paragraphs a and b of this subdivision, a school

district that submitted a contract for excellence for the two thousand

eight--two thousand nine school year shall submit a contract for

excellence for the two thousand nine--two thousand ten school year in

conformity with the requirements of subparagraph (vi) of paragraph a of

subdivision two of this section unless all schools in the district are

identified as in good standing and provided further that, a school

district that submitted a contract for excellence for the two thousand

nine--two thousand ten school year, unless all schools in the district

are identified as in good standing, shall submit a contract for

excellence for the two thousand eleven--two thousand twelve school year

which shall, notwithstanding the requirements of subparagraph (vi) of

paragraph a of subdivision two of this section, provide for the

expenditure of an amount which shall be not less than the product of the

amount approved by the commissioner in the contract for excellence for

the two thousand nine--two thousand ten school year, multiplied by the

district's gap elimination adjustment percentage and provided further

that, a school district that submitted a contract for excellence for the

two thousand eleven--two thousand twelve school year, unless all schools

in the district are identified as in good standing, shall submit a

contract for excellence for the two thousand twelve--two thousand

thirteen school year which shall, notwithstanding the requirements of

subparagraph (vi) of paragraph a of subdivision two of this section,

provide for the expenditure of an amount which shall be not less than

the amount approved by the commissioner in the contract for excellence

for the two thousand eleven--two thousand twelve school year and

provided further that, a school district that submitted a contract for

excellence for the two thousand twelve--two thousand thirteen school

year, unless all schools in the district are identified as in good

standing, shall submit a contract for excellence for the two thousand

thirteen--two thousand fourteen school year which shall, notwithstanding

the requirements of subparagraph (vi) of paragraph a of subdivision two

of this section, provide for the expenditure of an amount which shall be

not less than the amount approved by the commissioner in the contract

for excellence for the two thousand twelve--two thousand thirteen school

year and provided further that, a school district that submitted a

contract for excellence for the two thousand thirteen--two thousand

fourteen school year, unless all schools in the district are identified

as in good standing, shall submit a contract for excellence for the two

thousand fourteen--two thousand fifteen school year which shall,

notwithstanding the requirements of subparagraph (vi) of paragraph a of

subdivision two of this section, provide for the expenditure of an

amount which shall be not less than the amount approved by the

commissioner in the contract for excellence for the two thousand

thirteen--two thousand fourteen school year; and provided further that,

a school district that submitted a contract for excellence for the two

thousand fourteen--two thousand fifteen school year, unless all schools

in the district are identified as in good standing, shall submit a

contract for excellence for the two thousand fifteen--two thousand

sixteen school year which shall, notwithstanding the requirements of

subparagraph (vi) of paragraph a of subdivision two of this section,

provide for the expenditure of an amount which shall be not less than

the amount approved by the commissioner in the contract for excellence

for the two thousand fourteen--two thousand fifteen school year; and

provided further that a school district that submitted a contract for

excellence for the two thousand fifteen--two thousand sixteen school

year, unless all schools in the district are identified as in good

standing, shall submit a contract for excellence for the two thousand

sixteen--two thousand seventeen school year which shall, notwithstanding

the requirements of subparagraph (vi) of paragraph a of subdivision two

of this section, provide for the expenditure of an amount which shall be

not less than the amount approved by the commissioner in the contract

for excellence for the two thousand fifteen--two thousand sixteen school

year; and provided further that, a school district that submitted a

contract for excellence for the two thousand sixteen--two thousand

seventeen school year, unless all schools in the district are identified

as in good standing, shall submit a contract for excellence for the two

thousand seventeen--two thousand eighteen school year which shall,

notwithstanding the requirements of subparagraph (vi) of paragraph a of

subdivision two of this section, provide for the expenditure of an

amount which shall be not less than the amount approved by the

commissioner in the contract for excellence for the two thousand

sixteen--two thousand seventeen school year; and provided further that a

school district that submitted a contract for excellence for the two

thousand seventeen--two thousand eighteen school year, unless all

schools in the district are identified as in good standing, shall submit

a contract for excellence for the two thousand eighteen--two thousand

nineteen school year which shall, notwithstanding the requirements of

subparagraph (vi) of paragraph a of subdivision two of this section,

provide for the expenditure of an amount which shall be not less than

the amount approved by the commissioner in the contract for excellence

for the two thousand seventeen--two thousand eighteen school year; and

provided further that, a school district that submitted a contract for

excellence for the two thousand eighteen--two thousand nineteen school

year, unless all schools in the district are identified as in good

standing, shall submit a contract for excellence for the two thousand

nineteen--two thousand twenty school year which shall, notwithstanding

the requirements of subparagraph (vi) of paragraph a of subdivision two

of this section, provide for the expenditure of an amount which shall be

not less than the amount approved by the commissioner in the contract

for excellence for the two thousand eighteen--two thousand nineteen

school year; and provided further that, a school district that submitted

a contract for excellence for the two thousand nineteen--two thousand

twenty school year, unless all schools in the district are identified as

in good standing, shall submit a contract for excellence for the two

thousand twenty--two thousand twenty-one school year which shall,

notwithstanding the requirements of subparagraph (vi) of paragraph a of

subdivision two of this section, provide for the expenditure of an

amount which shall be not less than the amount approved by the

commissioner in the contract for excellence for the two thousand

nineteen--two thousand twenty school year; and provided further that, a

school district that submitted a contract for excellence for the two

thousand twenty--two thousand twenty-one school year, unless all schools

in the district are identified as in good standing, shall submit a

contract for excellence for the two thousand twenty-one--two thousand

twenty-two school year which shall, notwithstanding the requirements of

subparagraph (vi) of paragraph a of subdivision two of this section,

provide for the expenditure of an amount which shall be not less than

the amount approved by the commissioner in the contract for excellence

for the two thousand twenty--two thousand twenty-one school year; and

provided further that, a school district that submitted a contract for

excellence for the two thousand twenty-one--two thousand twenty-two

school year, unless all schools in the district are identified as in

good standing, shall submit a contract for excellence for the two

thousand twenty-two--two thousand twenty-three school year which shall,

notwithstanding the requirements of subparagraph (vi) of paragraph a of

subdivision two of this section, provide for the expenditure of an

amount which shall be not less than the amount approved by the

commissioner in the contract for excellence for the two thousand

twenty-one--two thousand twenty-two school year; and provided further

that, a school district that submitted a contract for excellence for the

two thousand twenty-two--two thousand twenty-three school year, unless

all schools in the district are identified as in good standing, shall

submit a contract for excellence for the two thousand twenty-three--two

thousand twenty-four school year which shall, notwithstanding the

requirements of subparagraph (vi) of paragraph a of subdivision two of

this section, provide for the expenditure of an amount which shall be

not less than the amount approved by the commissioner in the contract

for excellence for the two thousand twenty-two--two thousand

twenty-three school year; and provided further that, a school district

that submitted a contract for excellence for the two thousand

twenty-three--two thousand twenty-four school year, unless all schools

in the district are identified as in good standing, shall submit a

contract for excellence for the two thousand twenty-four--two thousand

twenty-five school year which shall, notwithstanding the requirements of

subparagraph (vi) of paragraph a of subdivision two of this section,

provide for the expenditure of an amount which shall be not less than

the amount approved by the commissioner in the contract for excellence

for the two thousand twenty-three--two thousand twenty-four school year;

and provided further that a school district that submitted a contract

for excellence for the two thousand twenty-four--two thousand

twenty-five school year, unless all schools in the district are

identified as in good standing, shall submit a contract for excellence

for the two thousand twenty-five--two thousand twenty-six school year

which shall, notwithstanding the requirements of subparagraph (vi) of

paragraph a of subdivision two of this section, provide for the

expenditure of an amount which shall be not less than the amount

approved by the commissioner in the contract for excellence for the two

thousand twenty-four--two thousand twenty-five school year; and provided

further that a school district that submitted a contract for excellence

for the two thousand twenty-five--two thousand twenty-six school year,

unless all schools in the district are identified as in good standing,

shall submit a contract for excellence for the two thousand

twenty-six--two thousand twenty-seven school year which shall,

notwithstanding the requirements of subparagraph (vi) of paragraph a of

subdivision two of this section, provide for the expenditure of an

amount which shall be not less than the amount approved by the

commissioner in the contract for excellence for the two thousand

twenty-five--two thousand twenty-six school year; provided, however,

that, in a city school district in a city having a population of one

million or more, notwithstanding the requirements of subparagraph (vi)

of paragraph a of subdivision two of this section, the contract for

excellence shall provide for the expenditure as set forth in

subparagraph (v) of paragraph a of subdivision two of this section. For

purposes of this paragraph, the "gap elimination adjustment percentage"

shall be calculated as the sum of one minus the quotient of the sum of

the school district's net gap elimination adjustment for two thousand

ten--two thousand eleven computed pursuant to chapter fifty-three of the

laws of two thousand ten, making appropriations for the support of

government, plus the school district's gap elimination adjustment for

two thousand eleven--two thousand twelve as computed pursuant to chapter

fifty-three of the laws of two thousand eleven, making appropriations

for the support of the local assistance budget, including support for

general support for public schools, divided by the total aid for

adjustment computed pursuant to chapter fifty-three of the laws of two

thousand eleven, making appropriations for the local assistance budget,

including support for general support for public schools. Provided,

further, that such amount shall be expended to support and maintain

allowable programs and activities approved in the two thousand nine--two

thousand ten school year or to support new or expanded allowable

programs and activities in the current year.

2. a. (i) In a common, union free, central, central high school, or a

city school district in a city having less than one hundred twenty-five

thousand inhabitants, required to prepare a contract for excellence

pursuant to subdivision one of this section and, as of April first of

the base year, does not contain any schools identified as in corrective

action or restructuring status or requiring academic progress: year

three or above, each contract for excellence shall describe how the sum

of the amounts apportioned to the school district in the current year as

total foundation aid, in excess of one hundred four percent of the

district's foundation aid base, as adjusted for additional amounts

payable as charter school basic tuition over such amount payable in the

base year, shall be used to support new programs and new activities or

redesign or expand the use of programs and activities demonstrated to

improve student achievement; provided however, up to fifty percent of

additional funding received in the current year may be used to maintain

investments in programs and activities listed in paragraph a of

subdivision three of this section.

(ii) In a common, union free, central, central high school, or a city

school district in a city having less than one hundred twenty-five

thousand inhabitants, required to prepare a contract for excellence

pursuant to subdivision one of this section and, as of April first of

the base year, has at least one school identified as in corrective

action or restructuring status or requiring academic progress: year

three or above, each contract for excellence shall describe how the sum

of the amounts apportioned to the school district in the current year as

total foundation aid, in excess of one hundred four percent of the

district's foundation aid base, as adjusted for additional amounts

payable as charter school basic tuition over such amount payable in the

base year, shall be used to support new programs and new activities or

redesign or expand the use of programs and activities demonstrated to

improve student achievement; provided however, up to thirty-five percent

of additional funding received in the current year may be used to

maintain investments in the programs and activities listed in paragraph

a of subdivision three of this section.

(iii) In a city school district in a city having a population of one

hundred twenty-five thousand or more inhabitants but less than one

million inhabitants that either receives a supplemental educational

improvement plan grant or is required to submit a contract for

excellence based solely upon the criteria specified in paragraph b of

subdivision one of this section, each contract for excellence shall

describe how the sum of the amounts apportioned to the school district

in the current year as total foundation aid, and as supplemental

educational improvement plan grants, in excess of one hundred four

percent of such aid apportioned to the district in the base year, as

adjusted for additional amounts payable as charter school basic tuition

over such amount payable in the base year, shall be used to support new

programs and new activities or redesign or expand the use of programs

and activities demonstrated to improve student achievement; provided

however, up to fifty percent of additional funding received in the

current year may be used to maintain investments in the programs and

activities listed in paragraph a of subdivision three of this section.

(iv) In a city school district in a city having a population of one

hundred twenty-five thousand or more inhabitants but less than one

million inhabitants that satisfies the criteria specified in paragraph a

of subdivision one of this section and does not receive a supplemental

educational improvement plan grant, each contract for excellence shall

describe how the sum of the amounts apportioned to the school district

in the current year as total foundation aid, in excess of one hundred

three percent of the district's foundation aid base, as adjusted for

additional amounts payable as charter school basic tuition over such

amount payable in the base year, shall be used to support new programs

and new activities or expand the use of programs and activities

demonstrated to improve student achievement; provided however, up to

twenty-five percent of additional funding received in the current year

may be used to maintain investments in the programs and activities

listed in paragraph a of subdivision three of this section.

(v) In a city school district in a city having a population of one

million or more inhabitants, each contract for excellence shall describe

how the amounts apportioned to the school district in the current year

as total foundation aid and academic achievement grants, in excess of

one hundred three percent of the district's foundation aid base, shall

be used to support new programs and new activities or expand the use of

programs and activities demonstrated to improve student achievement;

provided however, up to thirty million dollars or twenty-five percent of

additional funding received in the current year, whichever is less, may

be used to maintain investments in the programs and activities listed in

paragraph a of subdivision three of this section.

(vi) Each contract for excellence for a school district that was

required to prepare a contract for excellence in the base year shall

provide for the expenditure of an amount equivalent to the total

budgeted amount approved by the commissioner in the district's approved

contract for excellence for the base year; provided that such amount

shall be expended to support and maintain allowable programs and

activities approved in the base year or to support new or expanded

allowable programs and activities in the current year.

(vii) (A) Notwithstanding any other provision of this section to the

contrary, a school district that submitted a contract for excellence for

the two thousand seven--two thousand eight school year and the two

thousand eight--two thousand nine school year and is required to submit

a contract for excellence for the two thousand nine--two thousand ten

school year but did not fully expend all of its two thousand seven--two

thousand eight foundation aid subject to the contract for excellence

restrictions during the two thousand seven--two thousand eight school

year may re-allocate and expend such unexpended funds during the two

thousand eight--two thousand nine and two thousand nine--two thousand

ten school years for allowable contract for excellence programs and

activities as defined in subdivision three of this section in a manner

prescribed by the commissioner. For purposes of determining maintenance

of effort pursuant to subparagraph (vi) of this paragraph for the two

thousand eight--two thousand nine school year, funds expended pursuant

to this subparagraph shall be included in the total budgeted amount

approved by the commissioner in the district's contract for excellence

for the two thousand seven--two thousand eight school year; provided

that such amount shall not be counted more than once in determining

maintenance of effort for the two thousand nine--two thousand ten school

year or thereafter.

(B) Notwithstanding any other provision of this section to the

contrary, a school district that submitted a contract for excellence for

the two thousand nine--two thousand ten school year but did not fully

expend all of its two thousand nine--two thousand ten foundation aid

subject to the contract for excellence restrictions during the two

thousand nine--two thousand ten school year may re-allocate and expend

such unexpended funds during the two thousand eleven--two thousand

twelve school year for allowable contract for excellence programs and

activities as defined in subdivision three of this section in a manner

prescribed by the commissioner; provided that such amount shall not be

counted more than once in determining any maintenance of effort pursuant

to this section.

b. (i) The contract shall specify the new or expanded programs for

which additional amounts of such total foundation aid or grant shall be

used and shall affirm that such programs shall predominately benefit

students with the greatest educational needs including, but not limited

to, those students with limited English proficiency, students in poverty

and students with disabilities.

(ii) (A) In a city school district in a city having a population of

one million or more inhabitants such contract shall also include a plan,

which shall be developed in collaboration with the collective bargaining

units representing teachers and the principals beginning in September

two thousand twenty-two and signed off on by the chancellor and the

presidents of each bargaining unit, to reduce actual class sizes,

beginning September two thousand twenty-three and to be achieved by

September two thousand thirty for all classes, with the exception of

physical education and performing groups, as follows: (1)

kindergarten-third grade to have no more than twenty students per class;

(2) fourth-eighth grade to have no more than twenty-three students per

class; and (3) high school to have no more than twenty-five students per

class. Physical education and performing groups shall have no more than

forty students per class at all levels. For each of the first three

years of the plan, an additional twenty percent of the classrooms in the

city school district, excluding special education classes, shall be in

compliance with the class size targets, and for each of the following

four years, an additional ten percent of the classrooms in the city

school district, excluding special education classes, shall be in

compliance with the class size targets such that the city school

district is in full compliance by two thousand thirty and all classes

should maintain the target class size. The class size reduction plan

shall prioritize schools serving populations with higher poverty levels.

(B) The class size reduction plan shall include any exemptions to the

class size targets. These exemptions shall be limited to: (1) space; (2)

over-enrolled students; (3) license area shortages; and (4) severe

economic distress. Any such exemptions shall be approved by the

chancellor and the presidents of the collective bargaining units

representing the teachers and the principals as part of the class size

reduction plan. Should the chancellor and the presidents of the

collective bargaining units representing the teachers and the principals

be unable to reach agreement on the exemptions after thirty days, the

issue shall be determined by an arbitrator. In addition, any exemption

based on available space shall include a reference to the capital budget

to demonstrate that the budget is aligned with resolving the exemption

status. Exempted classes, for the years in which they are exempt, and

special education classes shall not count toward the applicable target

percentage.

(C) The class size reduction plan shall also include the methods to be

used to achieve the class size targets, such as the creation or

construction of more classrooms and school buildings, the placement of

more than one teacher in a classroom or methods to otherwise reduce the

student to teacher ratio, but only as a temporary measure until more

classrooms are made available in conformance with the plan. For elective

and specialty classes, the collective bargaining unit representing

teachers may negotiate class sizes higher than the targets if such

increase is approved by a majority of the staff in the school.

(iii) A city school district in a city having a population of one

million or more inhabitants shall prepare annual reports, on the dates

set forth below, to the commissioner on the status of the implementation

of its plan to reduce actual class sizes pursuant to subparagraph (ii)

of this paragraph. Such report shall be publicly released and posted on

the city school district's website, identifying all schools that

received funds targeted at class size reduction efforts pursuant to the

requirements of this section and providing the following information

regarding such schools:

(A) the amount of contract for excellence funds received by each

school and the school year in which it received such funds;

(B) a detailed description of how contract for excellence funds

contributed to achieving class size reduction in each school that

received such funding including specific information on the number of

classes in each school that existed prior to receiving contract for

excellence funds and the number of new classes that were created in each

school for each year such funding was received, the number of classroom

teachers that existed in each school prior to receiving contract for

excellence funds and the number of new classroom teachers in each school

for each year such funding was received, the student to teacher ratio in

each school prior to receiving contract for excellence funds and the

student to teacher ratio in each school for each year such funding was

received;

(C) the actual student enrollment for the current school year and the

projected student enrollment for the upcoming school year for each

school by grade level;

(D) the actual class sizes for the current school year, and the

projected class sizes for the upcoming school year for each school by

grade level;

(E) the annual capital plan for school construction and leasing to

show how many classrooms will be added in each year and in which schools

and districts to achieve the class size targets;

(F) how the school capacity and utilization formula is aligned to the

class size targets in the city school district's class size reduction

plan; and

(G) the schools that have made insufficient progress toward achieving

the class size reduction targets set forth in the approved class size

reduction plan pursuant to subparagraph (ii) of this paragraph and a

detailed description of the actions that will be taken to reduce class

sizes in such schools.

The report shall be submitted to the commissioner on or before

November fifteenth two thousand twenty-three and on or before November

fifteenth of each year thereafter and made available to the public by

such date on the city school district's website. If the department

determines that the November fifteenth report does not demonstrate

sufficient decreases in class size, the department shall issue a letter

making that determination public on its website and the city school

district shall immediately submit a plan for corrective action, which

shall be developed in collaboration with the collective bargaining units

representing the teachers and the principals and signed off on by the

chancellor and the president of each collective bargaining unit. The

city school district's corrective action plan shall also be made

available to the public on the city school district's website upon

submission to the department. The final corrective action plan shall be

made available to the public upon approval by the department. The report

shall also be certified by the state or city comptroller that the city

school district's capital and education funding plans will provide

sufficient space and staffing for the reduction in class size set forth

in this paragraph and, if not, what measures and/or funding should be

added to the plan to achieve such targets.

(iv) Provided the commissioner approves and the city school district

remains in compliance with the class size reduction plan, as set forth

herein, the state shall take such compliance into consideration when

determining increases in foundation aid.

(v) In addition to the annual reports, the city school district shall

submit a financial impact statement on November fifteenth, two thousand

twenty-five. The financial impact statement may recommend a pause of the

class size reduction plan, but in no event may it result in a roll back

or increase in class sizes.

c. The contract for excellence shall state, for all funding sources,

whether federal, state or local, the instructional expenditures per

pupil, the special education expenditures per pupil, and the total

expenditures per pupil, projected for the current year and actually

incurred in the base year.

3. a. The commissioner shall adopt regulations establishing allowable

programs and activities intended to improve student achievement which

shall be limited to: (i) class size reduction, (ii) programs that

increase student time on task, including but not limited to, academic

after-school programs, (iii) teacher and principal quality initiatives,

(iv) middle school and high school re-structuring, (v) expansion or

replication of effective model programs for students with limited

English proficiency, and (vi) full-day kindergarten or prekindergarten.

Provided, however, that districts may use up to fifteen percent of the

additional funding they receive for experimental programs designed to

demonstrate the efficacy of other strategies to improve student

achievement consistent with the intent of this section and, in school

year two thousand seven--two thousand eight, up to thirty million

dollars or twenty-five percent of such additional funding, whichever is

less, may be used to maintain investments in programs and activities

listed in this subdivision. Any such district seeking to implement an

experimental program shall first submit a plan to the commissioner

setting forth the need for such experimental program and how such

program will improve student performance.

b. The commissioner shall assist school districts that include in

their contract for excellence the implementation of incentives,

developed in collaboration with teachers in the collective bargaining

process, for highly qualified and experienced teachers to work in low

performing schools to ensure that such incentives are effective.

4. a. A district's contract for excellence for the academic year two

thousand eight--two thousand nine and thereafter, shall be developed

through a public process, in consultation with parents or persons in

parental relation, teachers, administrators, and any distinguished

educator appointed pursuant to section two hundred eleven-c of this

chapter.

b. Such process shall include at least one public hearing. In a city

school district in a city of one million or more inhabitants, a public

hearing shall be held within each county of such city. A transcript of

the testimony presented at such public hearings shall be included when

the contract for excellence is submitted to the commissioner, for review

when making a determination pursuant to subdivision five of this

section.

c. In a city school district in a city of one million or more

inhabitants, each community district contract for excellence shall be

consistent with the citywide contract for excellence and shall be

submitted by the community superintendent to the community district

education council for review and comment at a public meeting.

* d. For the two thousand seven--two thousand eight school year,

school districts shall solicit public comment on their contracts for

excellence.

* NB Effective until July 1, 2023

* d. In a city school district in a city of one million or more in-

habitants, the public process set forth in paragraphs a through c of

this subdivision shall commence no later than thirty days after a state

budget is enacted each year and be completed no later than thirty days

after its commencement. Notice of the public process shall be provided

fifteen days prior to the commencement of the first public hearing and

shall be posted on the city school district's website as well as

transmitted via email to school administrators, parent and teacher

organizations, and elected officials. The proposed plan shall be

submitted for state approval within two weeks following the completion

of the public process. The proposed plan shall be posted on the city

school district's website within twenty-four hours of its submission

along with a summary of the public comments and the city school

district's explanation and reasons for which public comments were

incorporated into the proposed plan and which public comments were not

incorporated into the proposed plan.

* NB Effective July 1, 2023

5. a. Each contract for excellence shall be subject to approval by the

commissioner and his or her certification that the expenditure of

additional aid or grant amounts is in accordance with subdivision two of

this section.

b. In a city school district of one million or more inhabitants, upon

approval of the contract for excellence, one-third of the contract for

excellence funds shall be released to the city school district. The

remainder of the funds shall be released to the city school district

upon submission of the November fifteenth report described in

subdivision two of this section, only if such report demonstrates

sufficient reduction in class sizes, and the remainder of the funds

shall be released upon submission by the city school district of the

corrective action plan described in subdivision two of this section. In

the years following a year which required a corrective action plan

pursuant to subdivision two of this section, no contract for excellence

funds shall be provided by the state until and unless such corrective

action plan has been fully implemented.

6. (a) Increases in total foundation aid and supplemental educational

improvement plan grants shall be used to supplement, and not supplant

funds allocated by the district in the base year for all purposes set

forth in subdivision three of this section. In a city of one million or

more, the city school district will provide the collective bargaining

unit for teachers with the list of budget codes in which funding

provided under this section is utilized for a budget that would begin

July first, two thousand twenty-five and after. Except in a city of one

million or more, the school district audit report certified to the

commissioner by an independent certified public accountant or an

independent accountant pursuant to section twenty-one hundred sixteen-a

of this chapter shall include a certification by such accountant in a

form prescribed by the commissioner of compliance with the first

sentence of this subdivision.

(b) Within ten days of adoption of a budget by the city of New York,

an independent certified public accountant, or an independent accountant

or the comptroller of such city shall certify in a form prescribed by

the commissioner that (i) an audit by such office has confirmed that

increases in total foundation aid and supplemental improvement grants in

the base year were used to supplement, and not supplant funds allocated

by the district in the previous year and (ii) in the adopted budget,

increases in total foundation aid and supplemental improvement grants

supplement, not supplant funds allocated by the district in the base

year for such purposes.

Upon a determination that either (i) increases in total foundation aid

and supplemental improvement grants in the base year were used to

supplant funds allocated by the district, or (ii) increases in total

foundation aid and supplemental improvement grants as appropriated will

supplant funds allocated by the district in the base year, the district

shall be ordered to restore funds in such amounts as to eliminate the

violation.

7. The trustees or board of education of each school district subject

to this section, or the chancellor in the case of a city school district

in a city of one million or more inhabitants, shall assure that

procedures are in place by which parents or persons in parental relation

may bring complaints concerning implementation of the district's

contract for excellence.

a. In a city school district in a city of one million or more

inhabitants, such procedures shall provide that complaints may be filed

with the building principal with an appeal to the community

superintendent, or filed directly with the community superintendent, and

that any appeal of the determination of a community superintendent shall

be made to the chancellor.

b. In all other districts, such procedures shall either provide for

the filing of complaints with the building principals with an appeal to

the superintendent of schools or for filing of the complaint directly

with the superintendent of schools, and shall provide for an appeal to

the trustees or board of education from the determination of the

superintendent of schools.

c. The determination of the trustees or a board of education or the

chancellor may be appealed to the commissioner pursuant to section three

hundred ten of this title.

8. School districts subject to the provisions of this section shall

publicly report the expenditure of total foundation aid in the form and

manner prescribed by the commissioner which shall ensure full disclosure

of the use of such funds.

9. The department shall develop a methodology for reporting

school-based expenditures by all school districts subject to the

provisions of this section.