N.Y. Education Law § 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, or such

alternative date as may be jointly requested by the director of the

budget, the chair of the senate finance committee, and the chair of the

assembly ways and means committee. 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 such pupil has

been so injured until proven otherwise. No such pupil shall resume

athletic activity until such pupil 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 or a

certified nurse practitioner. 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 or a nurse practitioner.

(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.

* 62. a. The commissioner shall promulgate rules and regulations to

establish uniform statewide protocols for diapering and toileting of

students in public schools. Such protocols shall include but not be

limited to: requiring schools to provide students and staff with safe

and accessible facilities for diapering and toileting; requiring schools

to provide the proper equipment and supplies to maintain a safe and

sanitary area for diapering and toileting; and defining basic procedures

to promote a safe and healthy environment.

b. For the purposes of this subdivision, "school" shall be deemed to

include a school district, public school, board of cooperative

educational services, special act school district as defined in section

four thousand one of this chapter, approved private residential or

non-residential school for the education of students with disabilities

including private schools established under chapter eight hundred

fifty-three of the laws of nineteen hundred seventy-six, and a

state-supported school in accordance with article eighty-five of this

chapter.

* NB Effective March 27, 2026